Key figures — as of 2026-08-09: Article 122(1)(k) currently lets a non-EU parent apply for residence if their minor child holds any Portuguese residence permit — the government's bill would restrict it to parents of children with Portuguese nationality only; the change was approved by the Council of Ministers and sent to Parliament in mid-May 2026, bundled with the closure of the "professional course" regularisation route; not yet in force — still moving through the Assembleia da República as of this writing.
A quiet edit with a big effect
Three words are doing the damage. Portugal's Council of Ministers has approved a bill that strips language from Article 122(1)(k) of the Foreigners Law (Lei 23/2007), the clause that currently lets a non-EU parent apply for an exceptional residence permit simply because their minor child already holds legal residence in Portugal. The government has removed the wording that allowed a residence permit for parents of minors holding a residence permit in Portugal, so it will become a possibility only for parents of children with Portuguese nationality.
For families this is a meaningful narrowing, not a technicality. Article 122(1)(k) has functioned as one of the few routes into legal status that didn't require a parent to first secure a visa abroad — provided they could show they exercised parental responsibility and contributed to the child's upbringing and support, per AIMA's own published criteria for the clause.
Why now
The change appears in a bill that entered Parliament in the same package that ended regularisation via enrolment in a professional course — a route that, following the popularity of regularisation through vocational courses on social media via influencers, saw the government pre-empt the trend and remove the possibility from the law. Officials reportedly see Article 122(1)(k) as vulnerable to the same dynamic: a way for foreigners to enter the country without a visa, enrol a child in a school and thereby gain the right to reside.
The broader message from Lisbon is unambiguous. The government is reaffirming that the only way for a foreigner to live in Portugal is with a visa applied for in the country of origin. That framing matters for anyone assuming Portugal's in-country regularisation culture — long a distinguishing feature versus other EU states — is permanent.
What Article 122 still covers
Article 122 groups together nearly a dozen exceptional grounds for residence without the usual prior visa: children of resident foreigners born in Portugal, minors enrolled in pre-school or compulsory education, adults who arrived before age ten, wards under formal guardianship, and several others listed on AIMA's living-in-Portugal portal. Only alínea k) — the parent-of-a-resident-minor ground — is targeted by this bill. The routes for parents of Portuguese-national children, and the other Article 122 grounds, are untouched for now.
GrowIN's analysis: the fourth "back door" closed since 2025
Lay this alongside GrowIN's tracking of Portugal's immigration policy since NHR closed to new applicants on 31 March 2025, and a pattern emerges: the Golden Visa real-estate route is gone, NHR is closed, the professional-course regularisation path is being removed in the same bill, and now Article 122(1)(k) is being narrowed. That's four distinct in-country or investment-based entry points curtailed inside roughly fourteen months — a pace of tightening families and advisers should factor into any relocation plan that leans on an "exceptional" or discretionary route rather than a standard visa.
"Families who assumed a child's school enrolment guaranteed a parent's right to stay in Portugal should treat that assumption as expired," says GrowIN Portugal Editorial.
What hasn't changed — and what to watch
As of now the bill is not law. The change to Article 122(1)(k) has not yet entered into force — at the time of writing it remains a proposal and has not yet become law. Meeting eligibility requirements only permits submission of an application; AIMA will still assess the merits of each case under whichever version of the law is in force when a decision is made. Applications lodged and decided before any new text takes effect should, in principle, be assessed under the current wording — mirroring how Portugal has handled other recent legal transitions, including the May 2026 nationality law reform.
Anyone currently relying on, or planning to apply through, Article 122(1)(k) should move quickly and file complete documentation — proof of parental responsibility, financial support, and the child's residence status — while the current text still stands. Given AIMA's already lengthy processing times, a pending application does not guarantee an outcome under the old rules if a decision slips past the law's entry into force.
Track the bill's progress through the Assembleia da República, and check AIMA's guidance pages for the specific Article 122(1)(k) criteria before submitting. For anyone weighing which route actually fits their family's situation, our visas hub walks through the standard alternatives — D7, D8, family reunification — that don't depend on discretionary "exceptional" grounds.
Portugal's immigration law is shifting fast enough this year that yesterday's safe route is today's closed door — verify the current text with AIMA or a licensed adviser before relying on Article 122 for anything.