Recent immigration policy changes in Portugal have closed off the legal route to residency for foreigners who entered the country irregularly, sparking concerns about increased hardships for migrants. Previously, regardless of their entry status, migrants could attain legal status in Portugal through employment, entrepreneurship, or freelancing, fostering the nation’s reputation as one of the EU’s most immigrant-friendly countries.
Since 2007, Lisbon had allowed individuals with valid visas to work across Europe to regularize their status. In 2018, this provision was extended to include those entering without valid visas. However, these long-standing processes have been abruptly halted by the new government’s decree.
On June 3rd 2024, Portugal’s cabinet proposed and swiftly enacted a decree to tighten immigration policies, resulting in the revocation of Articles 81, 88, and 89 of Immigration Law 59/2017. These articles, which facilitated the legalization of immigrants who had been working and contributing to social security for at least a year, are no longer viable avenues for legalization.
The decision comes amidst a doubling of non-European immigrant numbers in Portugal over the past five years, with many individuals hailing from South Asian countries and finding employment in sectors such as agriculture, fisheries, and hospitality. By the end of last year, immigrants accounted for 10 percent of Portugal’s population.
Prime Minister Luis Montenegro defended the policy changes, citing the need to address “excessive abuse” of migration policies. Despite acknowledging the importance of migrants to Portugal’s population dynamics, he emphasized the necessity of stricter regulations.
Critics, including immigration lawyer Gabriel Klemez Klock, have expressed disappointment at the lack of a transition period for irregular migrants awaiting residency permits. Klock argues that this sudden decision will only exacerbate existing challenges, such as appointment difficulties at Portuguese embassies and an increase in irregular migration.
For migrants from South Asian countries, particularly India, Pakistan, Nepal, Bangladesh, and Sri Lanka, Portugal represented a last hope for attaining permanent residency within the EU. However, with the closure of this pathway, many face uncertain futures. Last year alone, over 86,000 South Asian citizens regularized their status in Portugal through the now-defunct process.
Despite the government’s intentions to streamline immigration procedures, the sudden termination of this legal pathway has left many migrants in limbo, uncertain about their future in Portugal.