Portugal: Changes to immigration law would be unconstitutional

Portugal's Constitutional Court has declared changes to the immigration law unconstitutional, in a ruling that invalidates several key points of the reform approved in July.

This decision prevents provisions that limited family reunification, restricted procedural rights, and prioritized only certain groups from coming into force.

The statement reinforces the need for immigration reforms to respect fundamental rights and family unity. The text will return to Parliament for reassessment and amendment during September, according to reports. CNN Brazil.

Main points declared unconstitutional

The reformulation approved on July 16 included a series of controversial changes. It proposed a mandatory two-year waiting period before a foreign resident could apply for family reunification, including for their spouse, and required prior cohabitation in their country of origin. The Court considered that this measure violates the constitutional right to family unity and could lead to the separation of families.

Furthermore, the law limited the right to appeal against administrative decisions, such as those issued by the Agency for Integration, Migration and Asylum (AIMA), which undermines the applicant's access to justice and legal security.

It was also intended to restrict job seeker visas to only “highly qualified” professionals, without clearly defining the criteria, and to restrict residence permits to those entering without a visa from countries of the Community of Portuguese Language Countries (CPLP), which would affect especially to Brazilians.

The institutional response and the constitutional framework

Following the ruling, President Marcelo Rebelo de Sousa vetoed the law, sending it back to Parliament for review. The legislative process will have to resume after the summer recess. Prime Minister Luís Montenegro assured that the government is not abandoning its objective of reforming the law, although it will now have to adapt it to constitutional limits.

The Court based its decision on constitutional principles such as the right to family life (Article 36), access to effective judicial protection (Article 20), and proportionality in legislative measures. Furthermore, it emphasized the need to ensure equal treatment and legal certainty for legal residents.

Relevance of the ruling and defense of fundamental rights

The annulment of these measures demonstrates the Court's essential role in safeguarding constitutional rights against legislative initiatives driven by ideology or political urgency. According to analysts, this decision transcends a mere technicality; it reaffirms Portugal's identity as a welcoming country, rooted in democratic values ​​and historical dynamics of migration.

Looking ahead, Parliament will face the challenge of creating regulations that combine efficiency in migration management with unrestricted respect for human rights.

At AIM Global, our legal team is closely following this debate and the potential consequences for our clients. If you're interested in learning more, get in touch us.