Constitutional Court Assesses Constitutionality of Immigration Law Reform

New Foreigners Law: Political Context and Reasons for Preventive Inspection

The sending of the new immigration law to the Constitutional Court by the President of the Republic, on July 24, 2025, reignited the debate on the constitutionality of the proposed reform of the immigration regime in Portugal. The measure follows parliamentary approval of the legislation with the support of the PS, PSD, IL, and PAN, and votes against from the Left Bloc and PCP. CHEGA abstained.

The President justified the decision with "well-founded doubts" about the conformity of several precepts with the Constitution. The preventive review requested from the Court aims to prevent legislative provisions from coming into force with legal weaknesses or potential impacts on immigrant rights.

Among the points of greatest concern are:

• The possible violation of the principle of equality in the treatment of foreigners of different origins;
• The disproportionate worsening of the criteria for residence permit and family reunification;
• The revocation of the automatic regime of CPLP visa that simplified the regularization of immigrants from Portuguese-speaking countries;
• The absence of a properly supported legislative impact on a broad demographic and economic reality.

Also noteworthy is the new measure that provides for the suspension of residence permit if the foreign citizen is absent from Portuguese territory for more than two years. This provision has been criticized by legal experts, who point to a possible violation of the principle of legal certainty and the protection of family life.

According to information released by ECO and by RTP, among others, the head of state identified risks of unconstitutionality in several provisions of the law. Among the constitutional principles invoked are equality, proportionality, the relative reservation of the law, access to law and effective judicial protection, and the preservation of family unity.

Also at issue is the processing of the proposal itself, which failed to comply with the mandatory consultation with entities such as the National Data Protection Commission, the Higher Council, the Public Prosecutor's Office and the Superior Council of Administrative and Tax Courts.

The legal regime for the entry, stay, departure and removal of foreign citizens underwent a profound review, with the stated aim of facilitating the control of illegal immigration and promote controlled and qualified immigration. However, several civil society organizations and legal experts see the law as a setback by complicating regularization procedures and introducing overly restrictive criteria.

The Constitutional Court now has 15 days to issue an opinion. This intervention could prevent the enactment of regulations that are incompatible with the current legal framework and safeguard the fundamental legal principles in this sensitive matter.

Main Changes to Immigration Law: Visas, Family Reunification and Stay

Impact of New Visa and Family Reunification Rules

The new law on foreigners introduces significant changes to the regime of entry and stay of foreigners in Portugal, directly affecting the criteria for granting work visas and residence permits. One of the critical points is strengthening the requirements for family reunification, where the reform establishes the need for a minimum period of two years of prior residency, further conditioning the process to standards of “adequate housing” and “adequate income”. This perspective aims to promote legal immigration but raises concerns about accessibility.

The diploma also proposes the extinction of the CPLP visa, previously available to citizens of Portuguese-speaking countries, making it more difficult for these citizens seeking opportunities in Portugal to enter and remain. These changes could restrict the regularization of immigrants, impacting their ability to contribute to Portuguese society.

Another aspect is the creation of the working search visa, with application limited to highly qualified professionals. This standard aims to align immigration with the needs of the labor market, promoting an orderly and equipped immigration resources to compete for specific positions. However, restrictive enforcement may exclude workers capable of contributing to less skilled but equally vital areas.

These changes raise questions about constitutionality due to potential restrictions on immigrants' fundamental rights and access to Portuguese territory on equal terms. The concerns raised reflect the need for a balance between security and rights.

This reform requires thorough analysis to protect the principles of equality and proportion. Such legal assessment is crucial, as legal decisions can have vast and lasting implications for individuals and entire communities.

Criticism of the Reform and Doubts about its Constitutionality

Constitutional Principles at Risk with Legislative Review

The proposed reform of the law on foreigners in Portugal has drawn widespread criticism from legal scholars, academics, and civil society organizations due to its potential deviation from constitutional parameters. At the center of the debate are the limits of the freedom to legislate in matters of immigration, when this affects fundamental rights.

Among the main controversial points are:

• The worsening of the criteria for family reunification, requiring two years of valid residence permit;
• The revocation of the CPLP visa, eliminating a regime that allowed the entry and stay of foreigners from Portuguese speaking countries under simplified conditions;
• Strengthening the mechanisms of removal of foreign citizens in an irregular situation, without proportional reinforcement of defense rights.

The President of the Republic signaled that the rules may violate principles such as equality, proportionality, legal certainty and right to family regroup. The requirement of “economic profitability” and “adequate housing” to maintain family ties raises legitimate doubts.

These measures, although intended to combat illegal immigration, ended up narrowing the path of regularization of immigrants who already live and work in the country. By conditioning the work visa in Portugal to restricted criteria, the law compromises the inclusive vocation of the Portuguese legal system.

To safeguard the constitutionality, it will be essential to ensure:

1. That the criteria are clear, proportionate and non-discriminatory;
2. That all procedural guarantees are assured in the administrative process;
3. That the balance between migration control and immigrant rights is respected.

These concerns are now under review by the Constitutional Court, called to decide, in the context of preventive monitoring of the law. The answer could determine the future of this reform and its legal legitimacy.

Constitutionality of the Reform: Role of the Constitutional Court and Possible Impacts

Constitutional Oversight: Crucial Decision and Practical Consequences

The evaluation of the constitutionality of this reform is now in the hands of the Constitutional Court, which has 15 days to issue an opinion, as provided for in the Constitution. The President of the Republic requested preventive inspection of the diploma, encouraged by well-founded doubts as to its compliance with the structuring principles of the rule of law.

In practice, the Court's decision may:

1. Validate the new legal regime with minor corrections;
2. Declare essential articles unconstitutional and require their reformulation;
3. Delay its entry into force.

At Beyond Legal we monitor closely the legal process of this change, helping with individual impact analysis and the preparation of applications under current regulations. We provide rigorous technical support to safeguard safe and legally sustainable solutions, focusing on fulfillment of the regulations and prevention of risks.