Portugal Revises Immigration Bill Following Constitutional Court Challenge 2025

The government of Portugal has unveiled a revised immigration bill following the rejection of major proposals in the initial version by the country's top court. The new one keeps the family reunification rules rather strict and also considers the constitutional issues regarding the violation of basic rights. As there are more than 1.5 million foreign nationals in Portugal currently, these alterations will have a major effect on the immigration situation in the country.

Constitutional Court Intervention Sparks Legislative Revision

The Portuguese Constitutional Court struck down the original immigration bill in August 2024, finding that key provisions violated Article 36 of the Portuguese Constitution, which protects the right to family formation and prohibits separating children from their parents. The court specifically ruled that restrictions on family reunification were "likely to result in the separation of family members" of foreign nationals legally residing in Portugal.

President Marcelo Rebelo de Sousa subsequently vetoed the legislation and returned it to Parliament, forcing lawmakers to craft new provisions that comply with constitutional requirements. The court's intervention highlighted the tension between the government's desire to control immigration flows and fundamental constitutional protections for families.

Government spokesperson Antonio Leitao Amaro acknowledged the constitutional constraints, stating, "This is not the initial law we had proposed, but it serves the purpose of regulating immigration humanely". The revised approach demonstrates how judicial oversight can reshape immigration policy even when supported by parliamentary majorities.

Also Read: Complete Guide for Portugal Immigration 

Key Provisions of the Reworked Immigration Bill

The new legislation maintains the controversial two-year waiting period for family reunification, requiring migrants to establish legal residency in Portugal before bringing family members to the country. However, the revised bill includes several exceptions designed to address constitutional concerns about family separation.

The migration government member now has the power to waive the requirement of two years in exceptional cases based on the strength of family ties and the levels of integration in Portugal. This flexibility provision deals with the court issues regarding inflexibility in the application of waiting periods that might separate vulnerable family members.

The marriage requirements have been made clear and do not include polygamous marriage and marriage with minors, as required by the Portuguese law standards. These provisions represent efforts to reconcile the needs to restrain immigration with the need to respect normal family structures.

Broader Immigration Reform Measures

The rewritten bill, which has continued to pass constitutional scrutiny, has other limiting provisions along with the reunification of the family. The act still restricts employment-based immigration of job seekers to highly skilled employees, and it replaces the old system that could be inclusive of immigration based on employment prospects. 

The bill also does away with special consideration for Brazilian nationals, although Brazilians are the largest immigrant group in Portugal, having more than 368,000 residents. The Community of Portuguese Language Countries (CPLP) system, which had been used to facilitate migration between former Portuguese colonies, is impacted by this change.

Also Read: Complete Guide for Portugal Immigration 

Impact on Portugal's Growing Foreign Population

Portugal's foreign resident population has experienced unprecedented growth, reaching 1.55 million people by the end of 2024, representing nearly 15% of the total population. This represents a fourfold increase since 2017, when foreign nationals comprised just 3.8% of residents.

The dramatic demographic shift has prompted government efforts to manage immigration flows more strictly while maintaining Portugal's reputation as a welcoming destination for skilled migrants. The revised immigration bill reflects this balancing act between growth management and humanitarian obligations.

Economic Implications of Immigration Reform

The new immigration law coincides with the challenge that Portugal faces in the labour market demands and integration issues. In 2022, foreigners provided a positive balance of 1.6 billion to the Social Security system in Portugal and paid 1.861 billion, but received 257 million in benefits, resulting in a positive balance of 1.6 billion.

These economic advantages underscore the financial advantages of immigration despite the political pressure to tighten the immigration screws. The new law tries to guarantee these economic benefits, and at the same time, address the concerns of the population regarding the level of immigration.

The abolishment of the so-called expression of interest pathway that enabled undocumented migrants to regularise their status following one year of employment takes away one important regularisation mechanism. This reform will impact thousands of migrants who entered Portugal via irregular means and have created employment relationships.

Also Read: US Immigration News: Student Visa Pause, China Crackdown, UK Surge

Conclusion

The revised immigration bill is a key defining moment in the way in which Portugal is handling its fast increasing foreign population, the legislation has well weighting the needs of constitutionalities against the government wishing to have tighter control over immigration. The entry of the constitutional court has fundamentally changed the immigration policy as it has compelled the legislators to establish acts that can uphold the family unity rights and still respond to the worries of the citizens who are concerned about the 400% growth in the number of foreign residents since 2017.

For complete details about Portugal's immigration reforms and official documentation requirements, visit the Portuguese Government's official migration policy page. To know more about Portugal's immigration policy changes, visit TerraTern now!