The New EU Migration and Asylum Pact: What Changes for Those Moving to Europe and Portugal
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- 8 min read
By Lidiane de Carvalho
Over the past months, headlines across Europe have referred to a new Migration and Asylum Pact that will “strengthen border controls” and “accelerate return procedures”.
This informative article offers a client-focused overview of the new EU rules, their timeline, and what they may mean in practice, with particular attention to Portugal.
What is the EU Migration Pact?
The “Pact” is not a single law but a package of EU regulations and decisions that reform how asylum and migration are managed across the Union. The core pieces relevant for most individuals are:
Adopted in May 2024, this is the centerpiece of the new system. It replaces the previous “Dublin III” rules and sets out which Member State is responsible for examining an asylum claim, how Member States must cooperate, and how “solidarity” (relocations, financial contributions, operational support) will work between them.
Also adopted in May 2024, this sets out special rules for “crisis” or “force majeure” situations (such as a sudden mass arrival of people or the instrumentalization of migrants by a third country).
Implementing and complementary acts, including , among others::
an EU Decision setting the model for national migration and asylum management strategies, which every Member State must adopt. These strategies must detail, among other things, how each country will structure border procedures and improve return management.
an implementing regulation on technical rules and communications between national authorities, which is essential for the practical operation of the new system (for example, the exchange of information on responsibility, transfers, and links to databases such as Eurodac).
These instruments sit alongside other new regulations on screening at external borders and border asylum and return procedures, which are referenced as key tools for making the new system work in practice.
A central feature of the new system is the introduction of a mandatory but flexible solidarity mechanism between Member States. Rather than requiring every country to accept relocations, the Pact allows different forms of contribution, including the relocation of applicants, financial contributions, operational support, capacity-building measures and other forms of assistance. The objective is to ensure that Member States facing disproportionate migratory pressure are not left to manage such situations alone.
When do the new rules start to apply?
Although the regulations have already entered into force, there are three key milestones in 2026:
On 12 June 2026, the application of central operational instruments began, including the mandatory screening procedure at the external borders, the new Eurodac data-sharing system, and the implementing rules that make the Regulation on Asylum and Migration Management operational.
On 17 June 2026, the European Parliament adopted, at first reading, its position on the new Return Regulation (Document P10 TA(2026)0207 in Procedurer 2025/0059(COD)), intended to reform the European policy on the return of illegally staying third-country nationals. The text still requires formal adoption by the Council and publication in the Official Journal.
On 1 July 2026, the main parts of the Asylum and Migration Management Regulation and other central elements on responsibility-sharing, solidarity and crisis management become applicable across the EU.
In the meantime, Member States are in a transition phase. They are required to:
prepare and adopt their national migration and asylum management strategies;
adjust national procedures and IT systems; and
organize capacity at borders, reception centers and return units so they can apply the new rules when the relevant dates arrive.
This means that in mid-2026 the legal framework is largely set, but many of the visible changes will become more apparent from July 2026 onwards.
In Portugal: legislative adaptation and national debate
In Portugal, the entry into application of the European Pact on Migration and Asylum has been accompanied by legislative proposals aimed at adapting the national framework to the new European rules. The Portuguese Government presented and debated in Parliament amendments to the asylum and subsidiary protection system, as well as to the regime governing the entry, stay, exit and removal of foreign nationals from Portuguese territory.
The points under discussion include the creation of a mandatory screening procedure at the border, the strengthening of the assessment of international protection applications in a border context, and the adoption of more effective return mechanisms in cases where applications are refused. The stated objective is to make procedures faster and more organised, in coordination with the new European framework.
At the same time, Portugal has sought to maintain its own position within the European debate. Although it supports the objective of greater effectiveness in asylum, border and return procedures, the Portuguese Government has expressed opposition to participating in models involving return centres located in third countries, known as return hubs, on the grounds that they raise significant concerns regarding fundamental rights.
This development reinforces an important distinction: the Pact focuses mainly on asylum, irregular entry, border procedures, responsibility between Member States and returns. Ordinary legal immigration routes to Portugal, such as residence visas, work visas, family reunification, residence permit renewals and nationality applications, continue to be governed essentially by Portuguese law, although they may be indirectly influenced by the new European political and administrative context.
Why do the media say the Pact "toughens" migration rules and accelerates return procedures?
There are three main elements that explain this perception:
More systematic use of border procedures
The new system reinforces screening and triage at the external borders and extends the use of asylum and return procedures that are conducted directly at or near the border. The relevant instruments refer to measures to strengthen border procedures as part of the national strategies that every Member State must adopt.
In practice, this means that certain categories of applications may be processed at the border in shorter time-frames, with limited access to the territory while the procedure is ongoing. For some applicants, this may make it more difficult to enter and remain in a Member State while their case is assessed.
Stronger focus on returns
A recurring theme in the new legislation and in the model national strategies is the need for “effective return management” for people who are found not to have a right to stay. The EU instruments explicitly require Member States to explain how they will improve the organization of returns and the interaction between asylum and return procedures.
The text adopted by the European Parliament on 17 June 2026, introduces cooperation obligations, consequences for non-compliance, the possibility of detention for up to 24 months, with a potential additional extension of up to six months in certain circumstances, stronger mutual recognition of return decisions between Member States, and the possibility of returns to third countries on the basis of an agreement or arrangement, including the so-called return hubs, provided that fundamental rights, international law and the principle of non-refoulement are respected.
The vote of 17 June 2026 took place in a particularly tense political context. Following the approval of the text, some right-wing and far-right Members of the European Parliament celebrated the result with chants of “send them back”, to which other MEPs responded with “shame on you”. The episode does not alter the legal content of the Regulation, but it reveals the strong political polarisation that currently shapes the European debate on migration, asylum and return.
This is the background to media references to “accelerated return procedures”: the EU is clearly signaling that it expects Member States to execute return decisions more efficiently and with fewer delays, including through procedures that combine the end of the asylum process with the start of the return phase.
Crisis and mass-arrival scenarios
The “crisis and force majeure” regulation allows temporary derogations from the ordinary rules when a Member State faces a situation of crisis or instrumentalization of migrants. These derogations may include extended time-limits or adapted procedural rules, again with an emphasis on maintaining capacity to return people whose applications are rejected, while still respecting for fundamental rights and international obligations.
A new mandatory screening procedure
One of the most significant operational changes introduced by the Pact is the creation of a mandatory screening procedure for certain third-country nationals arriving at the EU's external borders or found within the territory after an irregular entry.
During this phase, authorities will carry out identity verification, security checks, health assessments and vulnerability screenings before determining which procedure should apply next. As a general rule, the screening process should be completed within seven days at the external borders and within three days for individuals apprehended within the territory after an irregular entry.
Although primarily aimed at asylum and irregular migration cases, this screening mechanism reflects the broader objective of the Pact: ensuring a more structured and uniform management of migration flows across the European Union.
What protections remain in place?
It is important to underline that, even in this new framework, EU law reaffirms key protections, including:
respect for fundamental rights and the Charter of Fundamental Rights of the European Union ;
compliance with the 1951 Geneva Convention relating to the Status of Refugees; and
the principle of non-refoulement (meaning no return to a country where a person would face persecution or serious harm).
These safeguards are expressly referenced in the new regulations. However, as always, the real impact on individuals will depend on how each Member State implements these rules in practice and how national and European courts interpret and enforce them in concrete cases.
What does this mean for you if you are moving to or living in Portugal?
Before examining the practical implications, it is important to clarify that the Pact primarily concerns asylum procedures, border management, responsibility-sharing between Member States and return mechanisms. It does not directly reform the ordinary Portuguese immigration routes used by most of our clients, such as residence visas, work visas, family reunification procedures or residence permit renewals.
Nevertheless, the new framework may indirectly influence administrative practices, border procedures and broader migration policies across the European Union, including in Portugal.
For many of our clients, the most relevant questions are practical:
Will it become harder to lodge an application?
Will cases be decided more quickly?
Will return decisions be enforced more strictly?
The honest answer is that the Pact’s impact will vary depending on each person’s situation:
People entering irregularly at external borders
For those arriving at an external border of the EU without prior documentation or a visa, there is likely to be more intensive screening and greater use of border-based procedures, particularly for nationalities with lower protection recognition rates. This can mean faster initial decisions and, potentially, faster returns if an application is rejected.
People already residing or working in Portugal
For clients who are already in Portugal on a residence visa, work visa or residence permit, the main change will be in the background framework: how Portugal coordinates with other Member States, shares responsibility, and organizes its asylum and migration system. Day-to-day processes such as residence renewals, family reunification or regularization paths will continue to be governed by Portuguese national law, although the EU context may influence policy choices and administrative practice over time.
Asylum seekers and people in vulnerable situations
The Pact will likely lead to clearer timelines and more structured procedures for asylum applications, but in some cases also stricter controls and less flexibility at the border. For vulnerable individuals, having legal representation and properly documented claims will become even more important.
Final note
The new EU Migration Pact represents a significant shift in the architecture of asylum and migration management, with a stronger emphasis on border procedures and returns but also with reaffirmed commitments to fundamental rights and international protection obligations.
This article is for general information purposes only and does not constitute legal advice. If you are planning to move to Portugal, are already resident here, or are supporting family members or employees through immigration procedures, the impact of these developments should be assessed in light of your specific circumstances. For tailored legal advice, individual assessment is recommended.
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