Portugal is set to reintroduce the Expression of Interest mechanism in 2025, following significant changes made under Decree-Law no. 37-A/2024.
The sudden change in Expression of Interest left many foreign residents unprepared, with limited time to submit their applications to AIMA (Agência para a Integração, Migrações e Asilo).
The return of the Expression of Interest in 2025 offers new opportunities for foreign residents seeking legal pathways to establish their lives in Portugal. Stay updated on what this means for residency applications and the steps to prepare.
Many of these immigrants were already working or offering services in Portugal and expected to regularize their status through the Expression of Interest process.
Some had already registered with Social Security and were waiting to complete the 12-month period required by the now-canceled Articles 88 and 89 of Law no. 23/2007. They were socially and economically integrated in Portugal, often with their families.
This situation created uncertainty and left many feeling unprotected, including families with young children already attending Portuguese schools. Several immigrant advocacy groups raised concerns, calling the transitional regime unfair and inadequate.
What Has Changed?
To amend Decree-Law no. 37-A/2024, the Liberal Initiative Parliamentary Group introduced Draft Law no. 220/XVI/1, which was approved by the Assembly of the Republic and promulgated, resulting in Law no. 40/2024 on November 7. The new law includes changes to the previous decree as follows:
Article 2: Amendment to Decree-Law no. 37-A/2024, of 3 June
Article 3 of Decree-Law no. 37-A/2024 has been amended, stating:
This decree-law does not apply: a) To residence permit applications initiated before its entry into force; b) To cases where it can be proven that, before its enactment, the individual was registered with Social Security and contributed through either dependent or independent professional activities, aiming to complete the 12-month requirement under Article 88, no. 6 of Law no. 23/2007 (in its previous version), regardless of whether an Expression of Interest was submitted.
These cases shall continue to be governed by the previous version of Law no. 23/2007.
In short, new Expression of Interest processes may be accepted if the applicant can prove they were registered with Social Security and making contributions before 3 June 2024 to meet the 12-month requirement.
The objective of the Amendment
The goal of this amendment was to align with the principle of protection of trust, which considers several factors:
Whether the actions of a party created trust in maintaining or changing a legal situation.
Whether the party on the receiving end had justified trust, supported by concrete evidence.
Whether actions were taken based on this trust, even if there were no financial implications.
Whether there is a causal link between the action that generated trust and the situation of trust, and how this led to actions based on that trust.
Whether trust has been frustrated by the party who generated it.
These conditions should be considered holistically, with some factors being more important than others. This principle becomes particularly relevant in the current context, especially concerning the Agency for Integration, Migration, and Asylum (AIMA).
Conclusion and Recommendations
The principle of protection of trust aims to protect individuals from unexpected changes by authorities. Immigrants in this situation should urgently regularize their status with Social Security to meet the new requirements for submitting their Expression of Interest applications.
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