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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.
A possible exception is created by Article 122(1)(j).
This provision allows foreign nationals who remained in Portugal after their right of stay expired to apply for a residence permit directly on Portuguese territory, if they fulfill the legal requirements established by the authorities.
This route was originally designed mainly for people who had not renewed a residence permit but who still fulfilled the requirements to remain legally in Portugal.
The practical relevance of Article 122(1)(j) has, however, increased considerably in recent years, due to the long processing times at Portuguese Consulates and the significant backlogs at AIMA.
Who May Qualify Under Article 122(1)(j)?
Each case will be judged on its own merits but generally applicants will be expected to show: Residência Permanente em Portugal.
- Evidence of integration into the Portuguese society.
- Where applicable, observance of tax and social security requirements.
- Clean record.
- Documentary evidence of their stay and activity in Portugal.
Supporting documentation may consist of: Tenancy agreements.
- Utility.
- Employment agreements.
- Tax returns.
- Social Security Enrollments.
- Schools’ registration of children.
- Health records.
Meeting these requirements does not mean automatic approval, but may allow the petitioner to file an application without having to obtain a residence visa abroad first.
AIMA shall continue to consider each application on case to case basis and AIMA reserves the right to have the final say.
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 depending on Article 122(1)(k).
- Families moving to Portugal soon.
- Parents waiting for their children to be eligible for Portuguese nationality.
To date these legislative amendments have not yet come into force.
But those who might qualify under the present form of Article 122(1)(k) should consider their position without delay.
Immigration laws change quickly and what is possible today may not be possible forever
Article 122 Individualized Assessment of Applications to Continue
A common misconception is that Article 122 automatically creates a right of residence.
That is not the case.
Applicants must, nonetheless, comply with the general conditions applicable to residence permits in Portugal, pursuant to Article 122(1)(j) or Article 122(1)(k).
The usual authorities review:
- Certificates of criminal record.
- Proof of accommodation.
- Financial resources.
- Family situation.
- Integration in Portuguese society.
- Portuguese legal compliance.
- Each case is examined on its own facts and supporting documentation.
When to File Under Article 122?
Article 122 can provide a great opportunity for those individuals and families who have already created significant ties to Portugal but don’t fit into the standard visa categories.
For some, it could mean the chance to remain in the nation they already call home.
Or it may be the mechanism that preserves family unity during an uncertain immigration process for some.
The important thing is to know if your situation is covered by the law as it is today and if future changes in the law might affect your eligibility.
If you’re also looking into other ways of living there, it might be worth looking at alternatives like the D7 Passive Income Visa, D8 Digital Nomad Visa, D2 Entrepreneur Visa or family reunification procedures to see which is the best fit for you.
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Your Questions Answered
Can I apply for a residence visa for Portugal without a residence permit?
Yes, in some particular exceptional cases. Article 122 of the Portuguese Immigration Law allows some applicants to apply directly in Portugal without having to obtain a residence visa abroad first.
Is a residence permit to be issued under Article 122(1)(j)?
Nooooo. The eligibility criteria are only a prerequisite to an application. AIMA will still look at the merits of the case and any evidence put before it before deciding.
Can parents of children with residence permits still apply under Article 122(1)(k)?
Parents with a residence permit, however, may still apply under Article 122 (1) (k). This may still be available under current law. However, the proposed changes to the law would only apply this route to parents of Portuguese citizens.
Has the amendment to Art. 122(1)(k) come into force?
No. At the time of writing the amendment is a proposal and not yet an act.
What documents are normally required for Article 122 applications?
The requirements vary depending on the legal basis applied, but generally the applicants must provide proof of residence, criminal records, accommodation, financial means and evidence of integration into Portuguese society.
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