Overview

Portugal Immigration Law Rejected by the Court and it came out as a positive impact on the expectations of many immigrants. On August 8, 2025, Portugal’s Constitutional Court declared the new immigration law unconstitutional and rejected it. This law was introduced by the conservative government, which they had proposed that immigrants who want to call their families to Portugal would have to wait for 2 years. Highly skilled people would get exceptions. When it went to the court, the court called this law strictly against the Portugal constitution, especially family reunion, because this is also a basic our right.

Portugal Immigration Law Rejected by the Court and President Marcelo Rabelo

The proposed bill was sent to the court by President Marcelo Rabelo for further review because it was a serious matter for the public and legal experts. And the court rejected it. Now, this decision of the court can be considered a failure of our new Prime Minister, Luis Montenegro’s government, because from the day his government started, he has wanted to bring in new immigration laws and reforms.

If seen from a general perspective, as an immigrant, you live in that country, work hard, pay taxes, and it is difficult to bring your family there; it is a matter of great disappointment. It is in our nature that we cannot live without our family, and such laws are a violation of human rights. Human rights organizations, migrant support groups, and opposition parties have welcomed the decision, saying the reform was discriminatory and would damage social harmony.

Portugal’s Court Rejected the New Immigration Law on 8 August

The Portugal court rejected the new immigration bill because the court considered it an unconstitutional bill. The court further explained that the 2-year waiting period for applying for a family reunion visa is completely against the protection of family unity in the constitution.

According to these rules, family members would have to live separately from each other, and this violates basic human rights. President Marcelo Rebelo de Sousa earlier said that this bill was sent to the court for further review. Now, after this decision of the court, he has sent the new bill back to the parliament. The Portuguese parliament is currently in recess, which I think will resume its activities in September.

Portugal Immigration Law and Recent Changes, and Future Impacts 

Portugal Immigration Law Rejected by the Court. This rejection will have huge impacts on the future.  Any new government that comes to power in Portugal will not try to change any law or the existing law without careful consideration. Family rights will now get even more protection in Portugal, and more worries will be raised. There will be increased pressure on the government not to violate family rights because such bills and laws indicate that families should live apart, and that is against basic human rights.

Portugal Immigration Law Rejected by the Court about Family Reunification 

Portugal Immigration Law Rejected by the Court about the family reunification laws have been rejected by the Constitutional Court on August 8.  As the new government of Portugal came in and the prime minister, Luis Montenegro, proposed new changes in various laws, including family reunion, nationality timeline line and other immigration issues. 

As the new proposed bill about family reunion that an immigrant has to wait 2 years before legally applying for their family visa, with major exceptions for high-skilled workers and investors. But the Constitutional Court of Portugal rejected it, and the President of Portugal, Marcelo Rabelo de Sousa, sent it back to the parliament for revision. I think its great news for the immigrants in Portugal, eagerly waiting to call their families in Portugal. 

Portugal Immigration Law Rejected by the Court: Summary

 A government pushed immigration law had to be revised and put to a new vote after Portugal’s constitutional court rejected some of its provisions on Friday. Jose Joao Abates, the president of the court, informed reporters that the country’s top court, which specifically objected to the rules controlling family reunion, had been invited to rule by President Marcelo Rabelo de Sousa. Center-right Prime Minister Luis Montenegro has been under fire from the left for enacting a historic change to immigration laws without consulting anybody and for depending on the far-right Chega party to help get it passed.

Montenegro declared Thursday night, before the court’s decision, that “we will not abandon our goal, even if we have to reformulate the law.” “The majority will respect that decision and find a legal solution if a provision is not entirely consistent with constitutional principles.

The bill also eliminates special treatment for citizens of former colonies, including Brazil, and limits job seekers’ visas to highly qualified personnel. Rules that permitted undocumented immigrants to regularize their status if they could demonstrate that they had been working for at least a year and making contributions to the state social security system were previously eliminated by the administration last year.

FAQS