Portugal's President Challenges New Immigration Law at Constitutional Court
Understand what motivated the preventive review request for the new Immigration Law, which articles are under analysis, and the impact on immigrants and families in Portugal.
Urgent Development
On July 24, 2025, Portugal's President, Marcelo Rebelo de Sousa, submitted the new Immigration Law (Decree No. 6/XVII) to the Constitutional Court for urgent preventive review, with a 15-day deadline for decision. This action temporarily suspends the law's promulgation and may significantly alter immigration rules in Portugal.
What the President of the Republic Said
President Marcelo Rebelo de Sousa expressed serious constitutional concerns about the new Immigration Law, considering that several provisions may violate fundamental principles of the Portuguese Constitution and European Law.
Family Reunification
The President considers that the new rules create disproportionate barriers to family reunification, requiring residents to wait 2 years and limiting reunification only to minors already in Portugal.
Discrimination
The new provisions create unequal treatment between different categories of residents, favoring highly qualified workers and CPLP visa holders over other migrants.
Excessive Deadlines
The decision deadline for family reunification was tripled to 9 months, with possible extensions, violating the principle of administrative efficiency.
Access to Justice
The new rules limit access to courts, creating additional conditions ("serious, direct and irreversible") to challenge AIMA decisions.
Reasons for Submission to Constitutional Court
The President identified four sets of potentially unconstitutional provisions in Decree No. 6/XVII, basing his request on violations of fundamental constitutional principles:
Contested Provisions
- Article 98 (paragraphs 1-3): New family reunification rules
- Article 101 (paragraph 1, items a-b and paragraph 3): Restrictive reunification conditions
- Article 105 (paragraph 1): Extension of decision deadline to 9 months
- Article 87-B (added): Limitations on judicial protection
Constitutional Violations Identified
Equality and Non-Discrimination
Unequal treatment between categories of residents, creating a hierarchy of rights based on visa type or nationality.
Family Protection
Severe restrictions on family reunification that may separate families for extended periods, especially harming children.
Legal Security
Excessive use of indeterminate concepts referred to subsequent regulation, creating legal uncertainty.
Access to Justice
Additional conditions that hinder recourse to courts to challenge administrative decisions.
Incompatibility with European Law
The President also warned of possible non-compliance with Directive 2003/86/EC on family reunification and with Article 47 of the EU Charter of Fundamental Rights, which guarantees effective judicial protection.
What Happens Next
The preventive review process follows a strict timeline that will determine the future of the new Immigration Law:
Request Submitted
President of the Republic submits urgent preventive review request to the Constitutional Court, setting a 15-day deadline for decision.
Court Decision
The Constitutional Court must issue a decision on the constitutionality of the contested provisions within the shortened deadline.
Possible Scenarios
Depending on the Court's decision, the law may be promulgated, vetoed for unconstitutionality, or still be subject to political veto.
Possible Scenarios
Court Finds No Unconstitutionality
The President may still exercise political veto for reasons of opportunity, returning the law to Parliament for new voting.
Court Declares Unconstitutionality
The President is obliged to veto the law, which returns to Parliament for correction of unconstitutional provisions.
Parliament Reformulates
The Assembly may alter problematic provisions or attempt to confirm the text by 2/3 majority (scenario never used).
New Review
If the law is reformulated, the President may request new preventive review of the changes.
Practical Impact
While the process is ongoing, the current law remains in force. All immigration processes, family reunification and residence permit applications continue to be processed under the current rules of Law No. 23/2007.
Consequences for Immigrants
The President warned of negative practical effects that the new law may have on the lives of immigrants and their families:
- Prolonged family separations: Especially harmful to children who will be separated from parents for longer periods
- Increased irregular immigration: More restrictive rules may lead people to seek illegal pathways
- Greater litigation: Vague concepts and long deadlines may result in more judicial appeals
- Rights stratification: Creation of different "classes" of immigrants with unequal rights
For Those with Ongoing Processes
If you have a family reunification, residence permit or renewal process ongoing, don't worry. Current rules remain valid while the Constitutional Court has not decided. Continue to monitor your process normally through the AIMA Portal.
Future Perspectives
The Constitutional Court's decision will be decisive for the future of Portuguese immigration policy. Regardless of the outcome, it is likely that:
- Parliament will have to review and adjust several provisions of the law
- An adaptation period will be necessary to implement changes
- Immigration services will need time to adjust procedures
- New appeals and judicial challenges may arise
The Importance of Legal Support
In times of legal uncertainty like this, it is essential to have specialized legal support. ZR Advogados stays updated on all developments and is prepared to guide its clients in any scenario.