Summary 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.

Implications

The decree aims to curb illegal immigration and human trafficking by tightening the regulations around residence permits. It seeks to restore order in the immigration system, ensuring that foreign nationals are protected during the regularization process and that Portugal upholds its commitments within the Schengen Area.

By addressing the systemic abuse of the previous legal provisions, the government hopes to streamline the process, reduce the backlog of cases, and enhance the country’s capacity to manage legal immigration effectively.

Conclusion

Decree-Law No. 37-A/2024 represents a critical step towards reforming Portugal’s immigration system. By revoking the procedures based on expressions of interest, the government aims to tackle the challenges of illegal immigration and human trafficking while promoting a more orderly and secure process for obtaining residence permits.