The announcement of changes to deportation rules raised doubts about who they are aimed at. The expression “illegal immigrants” can generate confusion and fear among people. This is because many have expired their residence permit — jsince the Government prevented, for months, the renewal — or are waiting for an interview at the Agency for Integration, Migration and Asylum (AIMA).
The changes are aimed at those who do not have the legal right to reside in Portugal. A practical example is that of an immigrant who came to Portugal without a visa, tried to obtain a residence permit in the country and was unable to do so. This person does not have the right to reside in Portugal and needs to leave the territory.
Since the end of expressions of interest, in 0June 3, 2025it is no longer possible to arrive in the country and apply for a residence permit for work. And since October 23, 2025, The Community of Portuguese Speaking Countries (CPLP) residence permit cannot be requested by those already in the country.
How the DN / DN Brazil As already reported, the Government managed to reverse the logic of immigration in the country: there are more visa applications at consulates and fewer applications made on national territory. At the moment, the work search visa is suspended — it will only be intended for professionals with high qualifications —, but there is no forecast for a resumption of orders.
In another practical example, the immigrant tried to renew his residence permit, but the request was denied. Without a valid document, he will also have to leave the country.
Another situation in which thousands of Brazilians find themselves is that of legal action. Here, understanding varies, but the official response from the Public Security Police (PSP) to DN Brasil is that a legal action does not guarantee the granting of a residence permit.
are not considered in “illegal situation” by authorities to people who are waiting for the card to arrive or waiting for a response from AIMA to a residence permit application.
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What changes
End of voluntary abandonment notifications
It is the initial period of 20 days for the person to leave the country voluntarily. This same 20-day period is “repeated” in the coercive abandonment phase, which is why the Government wants it to be extinguished. There will now be “a duty to abandon that falls on the citizen, instead of an obligation to notify the authorities”. This measure is applied in cases such as the rejection of a request for permanence or the non-granting/renewal of residence – this is the case for more than 20 thousand immigrants currently in the country. In cases of illegal stay, coercive removal is immediately applied.
Facilitated expulsion
You will need to have been in the country for five years with a residence permit to benefit from the protection measure against expulsion – with the exception of minors under 16, who cannot be expelled. The objective is “to combat possible exploitation of the legal system to allow permanence (and residence) in national territory”. This is one of the main changes with a direct impact on immigrants.
More time in detention
Immigrants may be detained for up to 360 days, an increase of 300 days compared to the current term. The previous text, before public consideration, provided for detentions of up to 540 days.
Judicial limitation
The Government wants to include in the law that a request for an appeal (not yet evaluated by the courts) can automatically suspend the decision to leave the territory. Thus, they intend to “combat the exploitation of the legal system as a way of hindering return and preventing release and circulation in the Schengen Area”.
Five years of ban
The Government wants to enshrine in law that the interdiction period (restriction of entry into the Schengen Area after expulsion) is five years. In Portugal, this period may be shorter, three years, for example. Another rule is to increase this period “further” – without specifying how much – in “aggravated situations”.
amanda.lima@dn.pt
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