EU extends detention to 30 months for irregular stays in Portugal

What the EU return regulation actually does

The European Parliament and Council reached a provisional agreement on a new EU Return Regulation that replaces the 2008 Returns Directive, extending detention of irregularly staying third-country nationals to 24 months, plus a possible six-month extension. The previous ceiling was 18 months. Drafts also leave room for longer detention in narrowly defined security-risk cases.

The regulation authorizes "return hubs" in non-EU countries, where people under removal orders can be sent under bilateral agreements that must respect non-refoulement and international law. Removal decisions will be logged as a European return order in the Schengen Information System, so an order issued in one member state is enforceable across the bloc. Entry bans rise from a five-year to a 10-year maximum, with lifetime bans possible for serious security cases.

Automatic suspension of deportation during appeals is gone. Courts will decide case by case whether someone can be removed while their challenge is pending. Provisions on return hubs, age assessment of minors and external cooperation apply immediately on entry into force; other parts kick in 12 months later. Formal adoption by Parliament and Council is still pending.

Who in Portugal feels it

The regulation targets non-EU nationals without lawful status: overstayers, rejected asylum applicants and irregular entrants. Lawful residents in Portugal, including D7, D8 and golden visa holders, keep their rights unchanged, per the Parliament's summary.

Tourists still operate under the 90-days-in-180 Schengen rule. The Entry/Exit System rolled out across Schengen since late 2025 already flags overstays digitally and the new regulation hardens what happens next: detention, removal and an EU-wide entry ban recorded in the Schengen Information System.

Expect more identity checks, workplace inspections and, in some cases, searches of premises tied to suspected irregular stay. Lawful residents can be caught up in those checks incidentally.

What residents and visitors should do

Carry valid ID and proof of residence when Portuguese law requires it. Track AIMA renewal timelines closely, because a lapsed permit now carries heavier downstream risk than before. Tourists should monitor Schengen day counts against EES records and leave before the 90-day limit.

Read our full Portugal guide for the complete picture and follow our visa updates for changes as the regulation moves toward formal adoption.