# Portugal's New Foreigners Law Now in Force After Court Clearance

> Law 62/2026 took effect 11 September 2026, tightening detention and deportation rules for irregular migrants in Portugal.

- Source: https://www.growinportugal.com/news/portugal-s-new-foreigners-and-asylum-law-enters-into-force-a-2026-09-25
- Publisher: GrowIN Portugal (https://www.growinportugal.com)
- Published: 2026-09-25
- Last reviewed: 2026-09-25
- Language: en

> **Key figures — as of 2026-09-25:** Law 62/2026 in force since 11 September 2026 (published Diário da República, 10 September 2026) — administrative detention cap raised from 60 to 180 days, extendable by a further 180 in non-cooperation cases — forced-removal re-entry ban extended to 5 years — Constitutional Court unanimously cleared all 11 contested provisions on 28 August 2026.

Portugal's toughest immigration law in decades is now live. **Law 62/2026** entered into force on **11 September 2026**, the day after its publication in the Diário da República, following a Constitutional Court ruling that found nothing unconstitutional in the 11 most contested provisions.

## What actually happened

President António José Seguro promulgated the country's new immigration and asylum legislation three days after the Constitutional Court cleared the contested provisions. The reform changes the rules governing entry, residence, removal and detention of foreign nationals, as well as procedures for granting asylum, and forms part of Portugal's implementation of the EU's new Migration and Asylum Pact, introduced on 12 June 2026.

Seguro hadn't rubber-stamped it. He had sent the decree for preventive review in early August, saying he had serious doubts over whether some of the measures adequately protected children and whether restrictions on the liberty of foreign nationals were proportionate. On 28 August the court disagreed with those doubts, unanimously, and the president signed three days later.

Politically, the bill split along familiar lines. The Assembly of the Republic approved the text on 17 July with votes from the Social Democratic Party, the CDS-People's Party, and Liberal Initiative, while Chega abstained — an abstention that proved decisive since the left voted against.

## The detention and deportation changes

The headline change is time in custody. Under the old regime, administrative detention of a foreign national who had committed no crime was capped at 60 days. The new law permits keeping a foreign national detained in a temporary installation centre for up to 180 days, a period that can be extended in certain situations. Court filings from the presidency's own referral confirm that extension can run further still, allowing detention beyond 180 days, extendable, in cases of "lack of cooperation" or "delays in obtaining the necessary documentation" — pushing the theoretical ceiling towards a full year. Separately, someone stopped at the border for screening can be held for up to 12 weeks before a removal decision.

The law also toughens the exit side of the process: it scraps the notice period that previously gave people in an irregular situation time to leave voluntarily, and extends to five years the ban on re-entering Portugal for those removed by force, with longer periods in aggravated cases. Two remaining paths to regularise status inside the country have also gone. As one legal outlet summarised, the package includes the end of tacit approval and the withdrawal of the last two possibilities of regularisation within the territory: through professional or study activity, and through having a minor child.

None of this is automatic, according to the judges. On the most sensitive point — expulsion involving children — the Constitutional Court found that although the law allows expulsion of parents with minor children, this is not automatic, and the same applies to children under five, and that detention is meant to be a last resort rather than the standard measure.

**GrowIN's read on the numbers:** the base detention ceiling has tripled, from 60 to 180 days — a 200% increase — and in non-cooperation cases can effectively double again to around 360 days. That's a six-fold jump in how long someone can be held while their removal case is processed, compared with the framework that applied before October 2025.

## What this doesn't change

Here's the part that matters most to the tens of thousands of foreigners already settled here on valid visas or residence permits: this law is not aimed at you. It targets people in an irregular situation — overstayers, those refused entry at the border, failed asylum claimants — not holders of D7, D8, Golden Visa, Startup Visa or work permits who are in the country lawfully. Renewals through AIMA's online portal, family reunification for those with valid permits, and the tax and residency rules covered on our [/visas/](/visas/) hub are unaffected by this specific decree.

*"For anyone already holding a valid residence permit or visa, this law changes almost nothing — its teeth are aimed squarely at irregular status, not at compliant foreign residents,"* says GrowIN Portugal Editorial.

Where it does bite for the legally resident is indirect: anyone who had been counting on regularising a spouse, adult child or extended family member through the old "minor child" or "professional activity" routes should treat that door as closed and get proper legal advice before relying on it. AIMA's own guidance and current processing rules can be checked at aima.gov.pt.

## What to watch next

The Constitutional Court's ruling only covered the 11 provisions the president flagged; the rest of the package — including the end of tacit approval — is already operative. Two detention facilities are reportedly being built to accommodate the longer custody periods, so expect follow-up reporting on capacity and conditions in the coming months. It's also worth remembering this reform sits alongside, but separate from, the nationality law changes that took effect on 19 May 2026 extending naturalisation residency requirements — a different law, with different rules, that we've covered in our [/news/](/news/) archive.

Foreigners with questions about how either reform touches their specific situation should treat this piece as background only and confirm their position directly with AIMA or a licensed immigration lawyer before making any decisions.

## Sources

- [Presidência da República](https://www.presidencia.pt/atualidade/toda-a-atualidade/2026/08/presidente-da-republica-submete-lei-de-estrangeiros-e-de-concessao-de-asilo-ao-tribunal-constitucional/)
- [Diário da República](https://diariodarepublica.pt/dr/legislacao-consolidada/lei/2007-67564445)
- [The Portugal News](https://www.theportugalnews.com/news/2026-09-01/president-of-portugal-promulgates-new-immigration-and-asylum-law/1079634)
- [Diário de Notícias (DN)](https://www.dn.pt/sociedade/expulses-crianas-e-detenes-o-que-decidiu-o-constitucional-sobre-a-lei-do-retorno)

---

© GrowIN Portugal. Cite as: GrowIN Portugal, "Portugal's New Foreigners Law Now in Force After Court Clearance", https://www.growinportugal.com/news/portugal-s-new-foreigners-and-asylum-law-enters-into-force-a-2026-09-25