Court Blocks Laws That Limit Family Rights
Portugal’s Constitutional Court ruled that key parts of the new immigration law are unconstitutional. The rejected measures included:
A two-year waiting period before family members could apply to join a resident
Who would be profiting? Political groups favoring tighter immigration control; employers seeking to limit family arrivals and focus only on labor migration.
Who would not be profiting? Immigrant families separated for long periods; residents unable to reunite with spouses, children, or parents.
Limits on eligible family members, excluding spouses or partners even when children were involved
Profiting: Lawmakers aiming to restrict the size of immigrant households; administrative bodies facing fewer applications to process.
Not profiting: Spouses, partners, and children left excluded; families forced to live apart; immigrant communities losing stability and support networks.
Delays of 9 to 18 months for decisions on family reunification
Profiting: Government agencies managing fewer immediate cases; politicians presenting tougher migration control as a policy achievement.
Not profiting: Families left in uncertainty; children growing up without both parents present; residents facing stress, financial costs, and instability.
Restrictions on urgent access to courts for immigrants
Profiting: Authorities avoiding fast-track judicial reviews; political actors seeking to reduce immigrants’ legal challenges.
Not profiting: Immigrants denied timely legal protection; families unable to contest delays or rejections quickly; lawyers and NGOs supporting migrants.
Judges found these measures violated rights to legal protection and fair process.
Presidential Veto Sends Bill Back to Parliament
Following the court’s decision on August 8–9, 2025, President Marcelo Rebelo de Sousa used his powers to veto the law and sent it back to the Assembly of the Republic. He emphasized his responsibility to ensure legislation respects equality, proportionality and legal security.
As Prime Minister Luís Montenegro stated after the ruling: “We will not give up our goal, even if we have to reformulate the law.”
If by any chance, the Constitutional Court finds that any provision is not fully in line with constitutional principles, the majority I represent will accept the decision and find a legal solution that respects the court’s interpretation (…) We will not abandon our objective, even if there is a correction in the wording of the law due to the Court’s opinion.
Luís Montenegro, RTP Madeira
What the Ruling Means Right Now
For the moment, the original immigration rules remain in effect - without the contested delays and restrictions. Families seeking reunification can proceed under the previous legal framework, without waiting two years or facing additional barriers. Some parts of the law were unaffected, such as rules aimed at highly qualified migrants, including limitations on job-seeker visas and work visas restricted to those with advanced qualifications.
Next Steps for Lawmakers and Affected Families
Members of Parliament will reconvene in September to revise the law. They must remove or adjust the unconstitutional provisions to align with the court’s ruling, while navigating political pressures to tighten immigration control.
Families currently navigating the immigration process should continue under the existing rules. The decision also sends a clear signal: any future immigration legislation must respect family unity and guarantee timely access to justice
Source: RTP Madeira
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