Is the residence permit procedure by expression of interest in force again?

No. The Government revoked the residence permit procedures based on expressions of interest, with immediate effect, by means of Decree-Law No. 37.º-A/2024, of June 3 .

So what changed?

By Law No. 40/2024, of November 7, some situations were excluded from the revocation of residence authorization procedures based on expressions of interest:

1. It was ratified that the revocation already determined by Decree-Law No. 37.º-A/2024, of June 3, does not apply to residence authorization procedures initiated up to June 4, 2024;
2.  It was determined that the revocation of residence permit procedures based on expressions of interest also does not apply in cases where the person demonstrably demonstrates that prior to 04/06/2024, regardless of whether or not they submitted the 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 the Law on the entry, stay, exit and removal of foreigners from the national territory for the purposes of presumption of legal entry into national territory.

This was the Amendment to Decree-Law No. 37-A/2024, of June 3:

Amendment to Decree-Law No. 37-A/2024, of June 3

Article 3 of Decree-Law No. 37-A/2024, of June 3, shall be worded as follows:

“Article 3.

1 – […]

2 – This decree-law does not apply:

a) Residence authorization procedures initiated until their entry into force;

b) In cases where the person demonstrably demonstrates that, prior to its entry into force, regardless of whether or not they submitted the 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 paragraph 6 of article 88 of Law no. 23/2007, of July 4, in its previous wording.

3 – The cases referred to in the previous number continue to be governed by Law No. 23/2007, of July 4, in its previous wording.”

Law 23/2007, of July 4, in its previous wording , provided for the presumption of legal entry into national territory, for the purposes of expressions of interest in a residence permit to exercise a subordinate professional activity, whenever the applicant worked in national territory and had his/her situation regularized with social security for at least 12 months.

How will this change be applied?

We still do not know how people who meet the new requirements will be able to submit their request for regularization in national territory to AIMA, so we will have to wait for information from the government in this regard.

All information is of a general nature and should not be considered as professional advice. Each case is unique and should be analyzed individually.

The office is able to provide consultancy and legal advice on this topic.

If you have any questions, please contact  us .

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