The new residence permit regime for CPLP nationals

Legal Brief by Clara Vendramini

On 13 February, Law no. 9/2025 was published, amending the Legal Framework for the entry, stay, exit, and removal of foreign nationals from Portuguese territory. On the same date, Ordinance no. 36/2025/1 was also published, revoking Ordinance no. 97/2023, of 28 February, which had approved the model for the administrative residence permit, under the Mobility Agreement between the Member States of the Community of Portuguese Language Countries (CPLP).

These legislative changes follow an infringement procedure initiated by the European Commission against Portugal, on the grounds that the CPLP residence permits were not in compliance with the EU uniform format.

The amendments consolidate the regime applicable to other types of residence permits provided for by law. CPLP nationals are now entitled to a residence permit issued in the EU uniform format, in plastic card form, with an initial validity of two years, renewable for successive periods of three years.

For security reasons, the collection of biometric data from applicants has become mandatory.

In addition, holders of these residence permits are now granted the right to move freely within the Schengen Area, enhancing mobility and integration of CPLP citizens within European territory.

In short, the changes aim to ensure equal treatment of CPLP nationals and other foreign nationals, ensuring uniformity and greater legal certainty for immigrants.

Lastly, with regard to residence permits issued under the automatic conversion of expressions of interest — whose model has now been revoked — it is now mandatory to present a criminal record certificate from the country of origin at the time of renewal or replacement of the permits.

The Agency for Integration, Migration and Asylum (AIMA, I.P.) has already begun notifying holders of CPLP residence permits, providing them with instructions for replacing their current permits with the new model.