President of the Republic António José Seguro promulgated, on 31 August 2026, the new Foreigners and Asylum Law — commonly known as the 'Return and Asylum Law' — following the Constitutional Court's unanimous ruling of non-unconstitutionality of the norms previously referred for preventive review. Approved by the Assembly of the Republic, the law represents the most far-reaching reform of immigration and asylum law in Portugal since Law No. 23/2007, and transposes the New European Pact on Migration and Asylum, applicable since June 2026, into Portuguese law.

1. Background: The European Migration and Asylum Pact and the Need for Reform

The New European Pact on Migration and Asylum, comprising ten legislative acts, entered into application in June 2026, requiring Member States to adapt their legislation on border control, asylum procedures and returns. Portugal used this mandatory transposition window to approve the present reform, going further than the minimum required by the EU in several areas — notably in appeal timelines and detention conditions — which triggered the constitutional review and intense political debate that preceded promulgation. In validating the law, the Constitutional Court also provided binding interpretive guidance for courts and administrative authorities, particularly relevant for the application of the most sensitive provisions.

2. Key Changes to the Return and Detention Regime

The most widely reported change is the extension of the maximum detention period in temporary installation centres (CIT): from the current 60 days to 180 days, extendable by a further 180 days in specific circumstances linked to the execution of removal. This measure addresses situations where, once the previous deadline expired, foreigners without the right to remain were released without the removal process having been completed. The new law also creates alternatives to detention — bail or financial guarantee, surrender of travel documents and open regime for families — which must be preferred by the judge whenever appropriate. The ban period on re-entry and residence following forced removal is also extended. Voluntary return is explicitly prioritised for those who cooperate.

3. What Changed in Asylum and International Protection

The law restructures asylum procedures, introducing shorter timelines and a mandatory screening mechanism at external borders, in line with the European Pact. Appeals against removal and asylum decisions will generally have devolutive effect — meaning that filing an appeal will no longer automatically suspend execution of removal — although the judge may, in specific cases, grant a suspension. The Constitutional Court clarified that this regime, interpreted in light of constitutional guarantees and the right to international protection, is not unconstitutional, but imposed guidance on cases where suspensive effect must be guaranteed, particularly when subsidiary protection or risk of return to a country where there is danger to life or physical integrity is at stake. Procedures for vulnerable asylum seekers — unaccompanied minors, trafficking victims — retain enhanced guarantees.

4. Family and Children Protection: What the Constitutional Court Clarified

This was the main area of concern when the President referred the law to the Constitutional Court, expressing doubts about the possibility of separating parents and children and the indirect expulsion of minor children with Portuguese nationality. The Court, while declaring non-unconstitutionality, provided binding interpretive guidance: (i) the expulsion of a foreign parent cannot, in practice, result in the expulsion of Portuguese or legally resident minor children; (ii) family separation should be avoided, with preference given to open regime for families; and (iii) the best interests of the child must always be weighed in administrative and judicial removal decisions. These Constitutional Court guidelines are binding on courts and on AIMA.

5. Relevance for TOL Clients: Businesses, Investors and Foreign Workers

For companies employing immigrant workers — particularly relevant in construction, agriculture, hospitality and healthcare — the new law has immediate practical implications. The change to the voluntary departure notification regime, now also triggered by negative administrative decisions (such as refusal of a residence permit), may affect employees undergoing regularisation proceedings. The new single residence and work permit regime, transposed by the law, simplifies procedures and strengthens the rights of foreign workers, including rules on changing employer and document renewal. For international investors, the stabilisation of the legal framework — after months of uncertainty — is a positive development.