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Portugal has long been recognised for offering several legal pathways for foreign nationals who have already established their lives in the country. While most residence permits require applicants to obtain a residence visa through a Portuguese Consulate abroad, the Portuguese Immigration Law contains a number of exceptional provisions that allow residence applications to be submitted directly from within Portugal.
Among the most important of these are the exceptional residence permit routes contained in Article 122 of the Portuguese Immigration Law.
Although these provisions apply only in specific circumstances, they continue to play an important role for individuals and families who have already built their lives in Portugal and are seeking a path towards regularisation.
What Is Article 122 of the Portuguese Immigration Law?
Article 122 of Law 23/2007 establishes several exceptional situations in which third-country nationals may apply for a Portuguese residence permit without first obtaining a residence visa from their country of origin.
Unlike the traditional immigration routes such as the D7 Visa, D8 Digital Nomad Visa or D2 Entrepreneur Visa, these provisions recognise that life does not always follow a predictable path.
People fall in love with Portugal, opportunities arise unexpectedly, families are created, and circumstances change.
Article 122 exists to address some of those situations.
Two of the most relevant provisions today are:
- Article 122(1)(j)
- Article 122(1)(k)
While both fall under the exceptional residence permit regime, they apply to very different circumstances.
Article 122(1)(j): For Individuals Who Remained in Portugal
Many people arrive in Portugal for tourism, business, studies or short-term stays and eventually realise they would like to remain permanently.
Sometimes they establish friendships, find employment opportunities or simply discover that Portugal feels more like home than the country they left behind.
Under normal circumstances, once their legal stay expires, they would be required to return to their country of residence and apply for a residence visa through a Portuguese Consulate.
Article 122(1)(j) creates a possible exception.
This provision allows certain foreign nationals who remained in Portugal after their right of stay expired to apply for a residence permit directly within Portuguese territory, provided they satisfy the legal requirements established by the authorities.
Originally, this route was primarily intended for individuals who failed to renew an existing residence permit but who continued to meet the conditions necessary to remain legally in Portugal.
However, due to lengthy processing times at Portuguese Consulates and significant backlogs at AIMA, the practical relevance of Article 122(1)(j) has increased considerably in recent years.
Who May Qualify Under Article 122(1)(j)?
Each case is assessed individually, but applicants are generally expected to demonstrate:
- Continuous residence in Portugal.
- Evidence of integration into Portuguese society.
- Compliance with tax and social security obligations where applicable.
- A clean criminal record.
- Documentary evidence supporting their stay and activity in Portugal.
Examples of supporting documentation may include:
- Rental agreements.
- Utility bills.
- Employment contracts.
- Tax declarations.
- Social Security registrations.
- School registrations for children.
- Medical records.
Meeting these conditions does not guarantee approval, but it may allow the applicant to submit an application without first obtaining a residence visa abroad.
AIMA continues to assess every application individually and retains discretion regarding the final decision.
Article 122(1)(k): Residence Permits for Parents of Minor Children
Another important provision under Article 122 concerns family unity.
Article 122(1)(k) currently allows certain parents of minor children living in Portugal to apply for a residence permit under exceptional circumstances.
Under the legislation currently in force, this route may be available where:
- The child resides in Portugal or holds Portuguese nationality.
- The parent effectively exercises parental responsibilities.
- The parent contributes to the child’s maintenance, education and wellbeing.
This provision has historically been an important safeguard for families who would otherwise struggle to regularise the immigration status of one or both parents.
Proposed Changes to Article 122(1)(k)
Portuguese immigration legislation has undergone substantial reform in recent years.
Following the end of the Manifestação de Interesse regime and changes affecting several regularisation mechanisms, the Government has proposed further amendments to the Immigration Law.
One of those proposed changes directly affects Article 122(1)(k).
If approved, parents would no longer qualify simply because their minor child holds a Portuguese residence permit.
Instead, the child would need to hold Portuguese nationality.
This is a significant distinction.
Under the proposed wording:
The route would remain available if:
- The child is a Portuguese citizen.
- The child lives in Portugal.
- The parent exercises parental responsibilities.
The route would no longer be available if:
- The child only holds a Portuguese residence permit.
- The child has not yet acquired Portuguese nationality.
For many families, this could remove an important pathway towards regularisation.
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Why These Changes Matter
The proposed amendment may affect:
- Parents already living in Portugal.
- Families currently relying on Article 122(1)(k).
- Families planning to relocate to Portugal in the near future.
- Parents waiting for their children to become eligible for Portuguese nationality.
As of today, these legislative amendments have not yet entered into force.
Nevertheless, individuals who may qualify under the current version of Article 122(1)(k) should consider reviewing their situation promptly.
Immigration laws evolve quickly, and opportunities available today may not remain available indefinitely
Article 122 Applications Continue to Be Assessed Individually
One common misconception is that Article 122 creates an automatic right to residence.
This is not the case.
Whether under Article 122(1)(j) or Article 122(1)(k), applicants must still satisfy the general requirements applicable to residence permits in Portugal.
Authorities typically review:
- Criminal record certificates.
- Evidence of accommodation.
- Financial means.
- Family circumstances.
- Integration into Portuguese society.
- Compliance with Portuguese law.
Every case is assessed on its own facts and supporting documentation.
Should You Apply Under Article 122?
Article 122 can offer an important opportunity for individuals and families who have already established meaningful ties with Portugal but do not fit neatly into the standard visa categories.
For some, it may represent the possibility of remaining in the country they already consider home.
For others, it may be the mechanism that preserves family unity during an uncertain immigration process.
The key is understanding whether your circumstances fit within the legislation currently in force and whether future legislative amendments may affect your eligibility.
If you are also considering alternative residence routes, it may be worth reviewing options such as the D7 Passive Income Visa, D8 Digital Nomad Visa, D2 Entrepreneur Visa or family reunification procedures to determine the most suitable pathway for your situation.
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Your Questions Answered
Can I apply for a residence permit in Portugal without a residence visa?
In certain exceptional circumstances, yes. Article 122 of the Portuguese Immigration Law allows some applicants to apply directly within Portugal without first obtaining a residence visa abroad.
Does Article 122(1)(j) guarantee approval of a residence permit?
No. Meeting the eligibility requirements only allows the application to be submitted. AIMA will still assess the merits of the case and supporting evidence before issuing a decision.
Can parents of children with residence permits still apply under Article 122(1)(k)?
Under the current law, this may still be possible. However, proposed legislative amendments would restrict this route to parents of Portuguese citizens only.
Has the amendment to Article 122(1)(k) already entered into force?
No. At the time of writing, the amendment remains a proposal and has not yet become law.
What documents are usually required for Article 122 applications?
Requirements vary depending on the legal basis used, but applicants commonly provide proof of residence, criminal records, accommodation, financial means and evidence of integration into Portuguese society.
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