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FlashPortugalOctober 2, 2026

Portuguese Police Clarify: Illegal Stay is an Administrative Offense, Not a Criminal Act

PublishedEditorial policy

Portugal's Public Security Police (PSP) has issued a circular clarifying that an illegal stay in the country is an administrative offense, not a criminal one. This move follows concerns raised by the Ombudsman regarding disproportionate detentions of individuals without legal residency.

Portugal immigrationPortuguese residencyillegal stayadministrative offensePSPПортугалия

Key takeaways

  • Illegal stay in Portugal is now officially an administrative offense, not a criminal act; criminal detention solely for undocumented status is excluded.
  • The PSP's circular responds to the Ombudsman's concerns about disproportionate detentions, aiming to unify agent practices.
  • While criminal prosecution for illegal stay is removed, administrative measures such as deportation and fines remain applicable under immigration law.

Portuguese Police Clarify Status of Illegal Stay

The Polícia de Segurança Pública (PSP), Portugal's Public Security Police, has issued an internal circular to its agents clarifying that the illegal presence of foreign nationals in Portugal is considered an administrative infraction, not a criminal offense.

This clarification comes after the Ombudsman highlighted errors in legal interpretation, where agents had previously detained individuals without proper grounds, confusing administrative violations with criminal acts. The circular aims to standardize practices and protect the rights of individuals without a residence permit, ensuring they are not arrested as criminals solely for their undocumented status.

What This Means for Applicants

For individuals in Portugal without legal authorization, this means that criminal prosecution for the sole act of illegal stay is now excluded. However, administrative procedures remain in effect, including potential deportation, fines, and other measures under immigration law. The key difference lies in how individuals will be processed: as violators of administrative order, not as criminals.

  • Illegal stay in Portugal is an administrative offense, not a criminal crime; criminal detention solely for the fact of stay is now excluded.
  • The Ombudsman pointed out disproportionate detentions; the PSP circular is a response to this criticism and a unification of agent practice.
  • Administrative measures (deportation, fines) remain in force, but procedures must comply with administrative, not criminal law.

Source

Observador — https://observador.pt/programas/conferencia-de-imprensa/psp-avisa-agentes-permanencia-ilegal-no-pais-nao-e-crime/

Sources

Based on Emigro corridor reporting. Primary links below.

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