Legal Framework for the Entry, Stay, Exit, and Removal of Foreign Nationals from the National Territory

On February 13, 2025, Law No. 9/2025 of February 13 was published, amending Law No. 23/2007 of July 4, which establishes the legal framework for the entry, stay, exit, and removal of foreign nationals from the national territory. This law implements Regulation (EU) 2017/2226 of the European Parliament and of the Council of November 30, 2017, within the domestic legal system and modifies the validity period of residence permits for citizens of Member States of the Community of Portuguese-Speaking Countries (CPLP).

In general terms, this Law introduces the following key changes:

•  Implementation of the Entry/Exit System (EES):
  • This system aims to record data on entries, exits, and refusals of entry for third-country nationals when crossing the external borders of Member States.
• Temporary residence permit for CPLP citizens:
  • Establishes that citizens of the Community of Portuguese-Speaking Countries who hold a short-term visa or have legally entered the national territory may apply for a temporary residence permit.
• Changes to immigration and monitoring procedures, particularly regarding voluntary departure from the national territory:
  • Modifies the rules to strengthen border control by introducing new measures to be implemented by AIMA.
• Requirement for additional personal data from third-country nationals subject to visa requirements and those exempt from visas.
• Introduction of new rules on visas and short stays:
  • Regulates the revocation, extension, and registration of data on visas and short-term stays within the EES.
• Administrative offense proceedings:
  • Establishes rules for the imposition of fines and administrative sanctions in cases of immigration-related violations.

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[Photo by: Jason Leung, available at unsplash.com]