Decree-Law No. 37-A/2024: Changes to Residence Permit Procedures in Portugal
Published on: June 3, 2024Summary of Decree-Law No. 37-A/2024
On June 3, 2024, the Portuguese government enacted Decree-Law No. 37-A/2024, which introduces significant changes to Law No. 23/2007. This law, which regulates the entry, stay, exit, and removal of foreign nationals from Portuguese territory, has undergone its fifteenth amendment. The new decree specifically revokes procedures that allowed residence permits based on expressions of interest.Background and Rationale
Previous amendments to Law No. 23/2007, particularly by Law No. 59/2017 and Law No. 28/2019, allowed foreign nationals to regularize their stay in Portugal through expressions of interest. These provisions enabled immigrants to obtain residence permits without valid visas, based on employment, either dependent or independent, provided they were registered with social security for at least twelve months. However, this system led to a surge in legalization requests, often exploited by criminal networks involved in human trafficking and illegal immigration. This situation created a backlog of pending cases, leaving many applicants in legal limbo, vulnerable, and restricted in their movement.Key Changes Introduced by Decree-Law No. 37-A/2024
The new decree addresses these issues by:- Revoking paragraphs 6 and 7 of Article 81, paragraphs 2 and 6 of Article 88, and paragraphs 2, 4, and 5 of Article 89 of Law No. 23/2007.
- Ensuring that ongoing residence permit applications, initiated before the decree’s enactment, will continue to be processed under the previous legal framework.