Up until the implementation of Decree-Law no. 37-A/2024, of June 3rd, Portugal had a legalization system for foreigners that allowed them to apply for a residence permit to carry out a subordinate or independent professional activity in Portugal, as long as they could prove that they had entered Portugal legally or that this could be presumed given that the applicant’s situation with the Social Security system had been compliant for at least 12 months.
However, the aforementioned legal diploma revoked this mechanism with effect from June 4th, i.e. from the day after its publication, which, in view of the large number of foreign citizens who were in Portugal and who wanted to benefit from this regime, caused a wave of indignation.
Many immigrants, already employed or providing services, without enough time to submit their applications to AIMA, I.P., saw their reasonable expectations frustrated by the lack of a transitory regime.
In order to soften the impact of this legislative policy, the Assembly of the Republic has now, through Law no. 40/2024, of November 7th, provided for a transitional regime, according to which the end of the expression of interest dated of June 4th, through the implementation of the Decree-Law no. 37-A/2024, of June 3rd, does not apply:
- a) To residence permit procedures initiated until its entry into force;
- b) To cases in which the person demonstrates that, prior to its entry into force, regardless of whether or not they had submitted an expression of interest, they were registered with social security and making contributions under a subordinate or independent professional activity, with a view to completing the 12 months indicated in Article 88(6) of Law 23/2007, of July 4th, in its previous version.
Even so, it is extremely important that foreigners in these circumstances regularize their situation with Social Security and submit their requests for expressions of interest, making sure they meet the new requirements.