The Portuguese Government has recently approved a draft law introducing significant amendments to the legal framework governing the entry, stay, exit, and removal of foreign nationals in Portugal. According to the official communication, the main objective is to enhance the effectiveness of return mechanisms and accelerate the execution of removal decisions.
Among the key changes is the elimination of the formal notification for voluntary departure, with the aim of speeding up return procedures, as well as the strengthening of incentives for voluntary return, including the possibility of financial support. The proposal also foresees a substantial extension of detention periods within coercive removal procedures, which may increase from the current 60 days up to 360 days, with an additional extension of up to 180 days to ensure the effective execution of removal.
Another important measure is the reinforcement of safeguards against the use of asylum applications as a delaying tactic, allowing asylum and removal proceedings to run in parallel. At the same time, the procedures are being centralised within the National Unit for Foreigners and Borders of the Public Security Police (PSP), with the aim of improving coordination and operational efficiency.
The proposal further introduces alternative coercive measures to detention, such as the retention of travel documents or the provision of a financial guarantee, with detention remaining a measure of last resort. It also revises the criteria preventing removal, requiring a more substantial and effective connection to the country, and extends the periods of entry bans following coercive removal.
These changes increase the complexity of the legal framework applicable to foreign nationals in Portugal and highlight the growing importance of continuous, informed, and specialised legal support. In a context where administrative procedures are becoming more demanding and associated with stricter deadlines and consequences, proper legal guidance plays a crucial role in preventing irregular situations and safeguarding applicants’ rights throughout the process.
In conclusion, while legislative developments such as this reinforce the State’s role in migration management, it is essential that foreign nationals are properly informed and supported throughout their regularisation journey. Access to specialised legal assistance can make the difference between a successful application and situations of uncertainty or legal risk.
Source: https://portugal.gov.pt/gc25/comunicacao/noticias/governo-aprova-lei-que-reforca-afastamento-coercivo-de-imigrantes-ilegais
