Portugal Constitutional Court Rejects Immigration Law Changes – Golden Visa Unaffected

• 19 August, 25

August 8, 2025 – Lisbon – Portugal’s Constitutional Court has ruled unconstitutional five out of seven recent amendments to the Immigration Law (Law No. 23/2007) after a preventive review requested by President Marcelo Rebelo de Sousa.

The most significant change rejected was the two-year minimum residency requirement for permanent residents before applying for family reunification. The Court also struck down extending the reunification application review period from 90 days to nine months and limiting appeals against decisions by the Agency for Integration, Migration and Asylum (AIMA).

Court’s Reasoning

In its decision, the Court reaffirmed key constitutional principles:

• Right to Family Unity – preventing laws that separate immediate family members.
• Proportionality – avoiding excessive restrictions on residents’ rights.
• Legal Certainty – ensuring predictable, transparent immigration procedures.
• Equal Treatment – safeguarding fairness for all residents.

Judge Joana Fernandes Costa, who reported on the case, emphasised that an absolute two-year wait before family reunification is incompatible with the State’s duty to protect the family.

Political and Legislative Context

The amendments were approved in just 16 working days in Parliament, with votes from the ruling CDS-PP party and support from Chega. Critics from opposition parties labelled the process a “rush.”

On the day of the ruling, President Marcelo Rebelo de Sousa vetoed the unconstitutional provisions, sending the bill back to Parliament. Lawmakers will revisit the legislation after the summer recess in mid-September 2025 to make adjustments before resubmitting it for presidential approval.

Golden Visa Program Remains Stable

The Court’s decision does not affect Portugal’s Golden Visa program. The framework for Golden Visa applications and renewals remains:

• Stable and transparent
• Legally secure
• Investor-friendly

Key Takeaways for Residents and Investors

• • Family reunification restrictions and extended processing times were ruled unconstitutional.
• • Immigration reforms must comply with constitutional protections.
• • Portugal’s Golden Visa remains unchanged and reliable for investors.

Cre: dn.pt