Parliament's foreigners law has been vetoed by the President, who holds the role of the Constitutional Head of the Republic, and sent back for reconsideration.
Portugal's Constitutional Court Strikes Down Strict Foreigners' Law Changes
In a significant ruling, Portugal’s Constitutional Court has declared several key provisions of the recently proposed changes to the foreigners' law regarding family reunification as unconstitutional. The court's decision, made in August 2025, has reversed some of the more stringent restrictions and sent the bill back to Parliament for revision.
The changes, introduced by the President of the Republic, aimed to establish a minimum two-year legal residence requirement before immigrants could sponsor family members through the Family Reunification Visa. Additionally, applicants would have to prove prior cohabitation with their spouses or partners outside Portugal, creating stricter barriers to reunite families legally residing in Portugal. The proposed changes also included longer processing times and more demanding integration requirements.
However, the Constitutional Court found these changes to violate constitutional rights protecting family unity. The court reverted the imposition of the two-year waiting period, the restriction limiting reunification mostly to spouses and minor children, and other excessive integration rules. The court reaffirmed immigrant family reunification rights according to existing, more flexible immigration laws.
Following the court ruling, President Marcelo Rebelo de Sousa vetoed the legislation and sent it back to Parliament for revision to comply with constitutional guarantees. The legislative changes must now be redrafted to remove unconstitutional restrictions before any new law can be enacted.
The rapid legislative process passed the initial strict reform bill on July 16, 2025, with support from the governing parties. The President has hinted that concessions and moderation, possibly involving the Socialist Party, are necessary for future approval.
The precise roll-call vote breakdown in the Assembly of the Republic is not detailed in the available sources, but the process illustrates controversy and opposition from immigrant groups, legal experts, and constitutional authorities over the proposed restrictions.
In summary, the Constitutional Court's intervention underscores constitutional protections for family life in immigration law and requires Parliament to align new laws accordingly before re-approval. The court’s decision has significant implications for the rights of foreigners in the country.
| Key Proposed Changes | Constitutional Court Ruling | Practical Effect | |---------------------|-----------------------------|------------------| | 2-year residence wait to sponsor family | Declared unconstitutional | Law reverted to old, more flexible rules | | Proof of prior cohabitation | Declared unconstitutional | Family reunification rights restored | | Extended processing times (up to 18 months) | Declared unconstitutional | Standard processing times remain | | Stricter integration and language tests | Partially struck down | Must respect constitutional limits | | Preferential treatment for Golden Visa holders maintained | Court upheld this aspect | Golden Visa family reunification privileges kept |
The President's request to the Constitutional Court focused on the constitutional validity of norms related to the right to family reunification, conditions for the exercise of this right, the deadline for the AIMA to assess requests, and the right to appeal. The President has announced his intention to return the bill to Parliament without promulgation. The bill, sent for review with an urgent character, was approved by the Assembly of the Republic on July 16, with favorable votes from PSD, Chega, and CDS-PP, and abstention from the Independent and Liberal Party. The Independent and Liberal Party (IL) abstained from voting, while PS, Livre, PCP, BE, PAN, and JPP voted against the decree. The decision was made following a preventive review of the bill by the President of the Republic.
The Constitutional Court's ruling on the foreigners' law changes in Portugal, declared several provisions as unconstitutional, particularly those regarding the two-year residence requirement, proof of prior cohabitation, and stricter integration rules, all of which are policy-and-legislation matters within the realm of politics. The court's decision has wider implications for general-news coverage, as it reaffirms constitutional protections for immigrant family reunification rights according to existing, more flexible immigration laws.
