In a significant move on August 8, 2025, Portugal’s Constitutional Court declared several provisions of the new Foreigners Law unconstitutional.
The provisions in question, which aimed to restrict family reunification, increase waiting periods, and limit access to urgent court protection, were found to be in violation of Portugal’s constitutional obligations. The ruling emphasized the right to family unity, especially for migrants, noting that certain restrictions could disrupt families and deprive individuals of basic legal protections.
One of the most notable aspects of the ruling was the Court’s rejection of a proposed two-year residency requirement before a migrant could apply for family reunification. This provision, if upheld, would have unfairly delayed the reunification of families and conflicted with the nation’s commitment to protecting children’s and families’ rights.
In response to the ruling, President Marcelo Rebelo de Sousa vetoed the contested amendments, sending the law back to Parliament for revision. The government has pledged to adjust the provisions while maintaining the goal of regulating immigration in a way that respects both legal standards and the human dignity of all residents.
This ruling serves as a reminder of the delicate balance between regulating immigration and ensuring that laws remain fair, transparent, and aligned with constitutional principles. For legal professionals, policymakers, and those interested in immigration law, this decision is a key moment in understanding the broader implications of immigration reform and its intersection with human rights.
Portugal is now tasked with revising the law, keeping family unity and constitutional integrity at the forefront of its immigration policy.
