IMMIGRATION ALERT: The New Return Law and Stricter Deportation Measures

2026-03-23

The Portuguese Government has approved the new draft of the Return Law (Lei de Retorno) in the Council of Ministers, a piece of legislation that aims to profoundly alter the deportation regime for foreign nationals in an irregular situation in Portugal.

The proposal, which now heads to the Parliament (Assembleia da República) for discussion and approval, seeks to combat illegal immigration through faster administrative procedures and significantly increased detention periods. For foreign nationals awaiting regularization, as well as for the companies that employ them, understanding these new rules is of the utmost urgency.

Below, the Immigration Law team at Global Lawyers summarizes the 4 key points of this reform:

1. Historic Extension of Detention Periods

The measure with the most significant immediate impact is the substantial extension of the temporary detention period for undocumented immigrants in detention centers. The proposal stipulates that this period will increase from the current 2 months to a maximum limit of 18 months, ensuring authorities have sufficient time to execute the deportation process.

2. Accelerated Process (End of Voluntary Departure Notification)

Aiming to make returns "more effective and faster," the Government intends to eliminate the "notification of voluntary departure" phase in its current format, deeming it an administrative redundancy. The focus will shift to the immediate execution of legal consequences for those found in an irregular situation.

3. The Exception: Protection of Legalized Minors

The law provides a safeguard for family units: when there are accompanied minor children of foreign nationality who hold legal residency in Portugal, the parents can only be deported if they have been convicted of serious crimes or pose a threat to public order or internal security. (In such extreme cases, the minors will accompany their parents in the deportation process).

4. New Executing Authority

The execution of the new Return Law and on-the-ground enforcement will be the responsibility of the newly created National Unit for Foreigners and Borders of the PSP (Unidade Nacional de Estrangeiros e Fronteiras da PSP).

What does this mean for you or your company? The scrutiny of irregular immigration is tightening, and return rates, historically low in Portugal, are expected to rise dramatically. Remaining in the country without the proper legal framework or an active regularization process now poses a severe risk of prolonged detention and expulsion.

The Immigration team at Global Lawyers strongly advises all foreign nationals and employers to immediately review the status of their applications (or those of their employees). Contact us to ensure that your stay in Portugal strictly complies with all legal requirements.

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