Constitutional Court Blocks Immigration Law Changes: What You Need to Know

By /

In a significant development for Portugal’s immigration landscape, the Constitutional Court has ruled most of the government’s proposed immigration law changes unconstitutional. This ruling prompted President Marcelo Rebelo de Sousa to veto the bill, sending it back to parliament for reconsideration. Here’s what you need to know about this crucial decision and its implications.

| The Golden Portugal

Key Changes Ruled Unconstitutional

The Constitutional Court’s decision, reached through split voting among its 13 judges, identified five measures as unconstitutional. These measures primarily focused on restricting immigrants’ family reunification rights:

1. Partner Exclusion

  • What Was Proposed: Limiting immediate family reunion visas to minors only
  • Why It Failed: The court found it would cause family separation and violate the fundamental right to family unity

2. Two-Year Waiting Period

  • What Was Proposed: Requiring 2 years of legal residency before applying for adult relative reunion
  • Why It Failed: Deemed counterproductive to public interest and social integration
  • Key Point: The court emphasized that family unity promotes stability and reduces marginalization

3. Housing and Income Requirements

  • What Was Proposed: Delegating specific housing and income criteria to governmental decree
  • Why It Failed: Such fundamental conditions must be explicitly defined in law
  • Implication: Any future changes to these requirements will need parliamentary approval

4. AIMA Processing Time

  • What Was Proposed: Extending decision timeframes from 3 months to 18 months
  • Why It Failed: Found incompatible with family protection rights

5. Legal Appeals Process

  • What Was Proposed: Limiting urgent court actions against AIMA delays
  • Why It Failed: Would seriously compromise immigrants’ legal rights

Looking Ahead: Key Dates and Timeline

This ruling means that all parties will need to discuss and reformulating the laws again. For those considering or currently in the process of moving to Portugal, here’s what to expect:

Immediate Term (July-August 2025)

  • July 17, 2025: Parliament enters summer recess
  • Current Applications: Continue processing under existing rules
  • No Changes: to Golden Visa or D-Visa programs during this period

Medium Term (September-December 2025)

  • September 2025: Parliament resumes and begins redrafting process
  • Committee Stage: Political parties will debate amendments
  • Constitutional Review: Any new proposal must pass constitutional scrutiny
  • Parliamentary Vote: Required for revised legislation
  • Presidential Review: 20-day review period once passed

Long Term (2026)

  • January 2026: Expected launch of new ARI (Golden Visa) platform to make processes more efficient
  • Implementation: Any approved changes would likely take effect
  • Transition Period: Expected grandfathering provisions for existing applications

Important Notes:

  • Timeline may extend further depending on political negotiations
  • Constitutional Court may need to review final legislation
  • We recommend proceeding with current applications as soon as possible rather than waiting for potential changes

Constitutional Court Confirms Golden Visa Advantages Are Constitutional

Good news for current and future Golden Visa investors!

The Portuguese Constitutional Court has delivered a landmark ruling confirming that favourable rules for Golden Visa holders — such as faster and more flexible family reunification — fully comply with the Constitution.

Key Takeaways from the Ruling

  • No violation of equality or non-discrimination principles – Special treatment for Golden Visa holders is legitimate when serving public interests like attracting foreign investment and skilled talent.
  • Legal foundation strengthened – Parliament has the discretion to offer benefits beyond the minimum constitutional protections, as long as they respect fundamental rights.
  • Clear public interest – Facilitating the entry and stay of investors supports Portugal’s economic growth, job creation, and societal development.

Why This Matters to You

This decision provides strong reassurance that the Golden Visa program is not only valuable but constitutionally sound, giving it a more solid base against potential restrictive reforms. While the path to citizenship may be treated differently, residence benefits for investors can continue — and potentially expand.

Our View at The Golden Portugal

This ruling is a welcome confirmation of what we have long advocated:

  • The Golden Visa is a powerful tool for attracting high-value investment to Portugal.
  • It benefits not just investors, but also Portugal’s economy, housing sector, and global competitiveness.
  • It is time for the Government to recognise the program’s value and consider reforms that further enhance its attractiveness.

If you have been considering the Portugal Golden Visa, this is an excellent time to act — the highest court in the land has confirmed its legitimacy and importance for the common good.

Expert Guidance

At The Golden Portugal, we understand these developments may raise questions about your immigration plans. Our team of specialists is here to help you navigate any changes and ensure your application process proceeds smoothly.

Book a free consultation with our immigration experts to discuss your specific situation and explore the best path forward.

We have helped more than 500 families on their Portugal Golden Visa journey. 

We are also the pioneer firm to help clients to invest through funds back from 2020 until now. Come talk with us.

Book Your Free Consultation Today
Scroll to Top