The current Portuguese government, elected on 18th May 2025, took power on the 5th of June 2025. In the same month, the government proposed a significant reform to Portugal’s nationality law – which has caused doubts and uncertainties among expat communities and residency and citizenship applicants.
Portugal Citizenship & Immigration News
After presidential promulgation on October 16th regarding the revised immigration law, the new Citizenship law will be also be discussed in Parliament throughout October.
Portugal Homes remains committed to keep you informed.
October 16th Update: President Promulgates Portugal’s Revised Immigration Law
On October 16, the President of the Republic formally promulgated the new Immigration Law, concluding months of constitutional debate and parliamentary negotiation.
The measure enshrines the same framework approved by Parliament on September 30, introducing stricter controls on migration and family reunification, clearer integration rules, and tighter visa conditions, while addressing the constitutional concerns that led to the earlier veto.
Family Reunification
The two-year residency requirement remains the general rule.
Exceptions are now codified:
- May be requested after one year if the applicant proves cohabitation with the spouse for at least one year prior to entering Portugal.
- May be requested immediately if the spouse is responsible for a minor or incapacitated dependent.
- For couples without children, a 15-month period applies when there is proof of 18 months of prior cohabitation.
- The Minister for Migration may waive the two-year rule in duly justified exceptional cases, based on the solidity of family ties and integration in Portugal.
- Marriages or de facto unions must comply with Portuguese law: forced, underage, or polygamous marriages are explicitly excluded.
Golden Visa holders remain exempt from these waiting periods.
Application Conditions
- Applicants must prove adequate housing (owned or rented) meeting health and safety standards.
- They must also show sufficient means of subsistence, without relying on public social support.
Integration Requirements
- Mandatory post-arrival courses in Portuguese language and constitutional principles;
- Minor dependents must attend compulsory schooling;
- The expression “designadamente” was removed from the law, ensuring no new obligations can be added by decree.
- For CPLP citizens, the Portuguese language training requirement may be waived.
Visa System and CPLP Nationals
- The job-seekers visa is now limited to highly qualified professionals, ending the previous open-access model;
- CPLP citizens can no longer obtain residence permits by entering Portugal under visa-exempt or tourist status; they must apply for the correct visa from their country of origin;
- Residence visa processes for CPLP nationals now require an additional security opinion from border authorities alongside AIMA’s assessment.
Decision Deadlines and Access to Justice
- Reunification requests must be decided within nine months, extendable by another nine months only in complex cases.
- For cohabiting couples and cases involving minors or dependents, no extensions are permitted.
- The restriction on judicial appeals has been abolished. Applicants now retain full access to the courts to challenge AIMA decisions.
Enforcement and Border Control
- A new National Foreigners and Borders Unit (UNEF) under the PSP (National Police) will oversee border control, removals, and repatriations, while AIMA continues handling administrative procedures.
- Implementation of the new Schengen Entry/Exit System for biometric registration of third-country nationals, even visa-exempt travellers.
- Clearer procedures for voluntary departure (10–20 days) and forced removal in serious cases of fraud or criminal activity.
Portugal's Revised Immigration Bill: September 30th Update
On September 30th, the Portuguese Parliament reappreciated and approved the revised immigration bill, the full text is not yet publicly known (as of October 1st 2025).
However, most of the changes first presented on September 24th were approved, including:
- The 2-year rule for family reunification - but introduces key exceptions;
- Social integration obligations, setting stricter deadlines for decisions;
- Restoration of full judicial recourse;
- Upholding requirements for housing and financial self-sufficiency.
In doing so, the Parliament validated the compromise the government put forth designed to address the Constitutional Court’s objections and the President’s veto, while allowing the government to maintain its pledge of a “humanist but rigorous” migration policy.
It's important to note that, despite parliamentary approval, it has not yet become law.
However, the President of Portugal can only use his veto power once, and will not be able to do so again - which means the changes will become published in the Gazette.
When it is, Portugal Homes will let you know.
September 24th Update
Portugal’s proposed nationality and immigration reforms remain under intense scrutiny. Following the Constitutional Court’s decision in August and the President’s veto, Parliament has now introduced a revised version of the rules.
These updates focus heavily on family reunification, application conditions, integration measures, decision deadlines, and judicial access, reflecting both political pressures and constitutional limits.
Family Reunification Concerns: A Detailed Summary
- General Rule: Family reunification may still only be requested after 2 years of residence in Portugal.
- Exception 1: It can be requested after 1 year if the immigrant proves they already lived with their spouse in the country of origin during that time.
- Exception 2: It can be requested immediately if the spouse is responsible for a minor or an incapacitated person.
- New Flexibility Clause: The Government member responsible for migration may waive the 2-year requirement in exceptional cases, assessing the strength of family ties and the level of integration in Portugal.
- Proof of Union: The marriage or de facto union must be freely entered into and comply with Portuguese law — polygamous marriages or marriages involving minors are excluded.
Changes to Application Conditions
- The immigrant must prove adequate housing (owned or rented) that meets safety and health standards.
- They must also demonstrate sufficient means of subsistence, without relying on social benefits.
Changes to Integration Measures
- Attendance of Portuguese language courses and training on constitutional principles and values becomes mandatory after entry.
- Minors must attend compulsory education.
- The expression “designadamente” is removed to ensure that no new obligations can be imposed by government decree outside the scope of the law.
Changes to Decision Deadlines
- Decisions must be made within 9 months, extendable by another 9 months in exceptional and complex cases.
- However, in cases of prior cohabitation or where a minor/incapacitated dependent is involved, extensions are not permitted — the maximum limit remains 9 months.
Changes to Access to Justice
- The restriction allowing court appeals only in cases of “grave, direct, and irreversible” violations has been removed.
- Immigrants now retain full rights of access to justice to challenge AIMA decisions.
Political Context
PSD and CDS - which make up AD, the current governement - reaffirm they will maintain a “humanist but rigorous” migration policy.
They avoid direct confrontation with the Constitutional Court and the President, signalling a willingness to adapt.
At the same time, they stress they will not return to what they describe as the “lax” migration policies of the past, which allowed entries without preparing the public administration or the courts adequately.
September 18th Update
The Superior Council of the Judiciary (Conselho Superior da Magistratura) issued a formal opinion on the matter.
It recommended that the proposed loss of nationality provision should only apply in cases of abuse or fraud in acquiring nationality, and not as a punishment for crimes committed after naturalisation.
The Council warned that stripping nationality based on criminal convictions would risk being unconstitutional and would create a “second-class” citizenship.
Earlier in the month, the parliamentary committee on Rights, Freedoms and Guarantees extended its discussion, confirming expert hearings throughout September. The goal is to conclude the debate before the State Budget discussions in October, and Portugal Homes will keep you updated as more information becomes available.
Court and Presidential Roadblocks
On August 8th 2025, the government’s proposed immigration reform, closely tied to its nationality law agenda, met two of its harshest roadblocks: the Constitutional Court and the President of the Republic himself.
In its preventive review, Acórdão 785/2025, the Constitutional Court struck down key immigration clauses, which were linked to the broader new nationality law, as unconstitutional. These involved family reunification rights, administrative delays, unclear legal conditions, restricted judicial access, and the rushed enactment process.
On the same day, President Marcelo Rebelo de Sousa vetoed the decree, sending it back to Parliament. This was a decisive blow to the government’s plans and confirmed that constitutional limits would prevail over rushed reforms.
What did the Constitutional Court Decide?
Family Reunification is Too Restrictive (Article 98.º)
The Court struck down provisions that restricted family reunification mainly to minors already in Portugal and imposed a 2-year wait for reuniting with family abroad, as this technically excluded spouses and adult family members already present, unless certain new conditions were met.
It also declared the 2-year residency requirement before residents could reunite with family members outside Portugal as invalid, since this severely limited the right to family unity – which is consecrated in the Constitution.
These restrictions were deemed disproportionate and in breach of constitutional protections, including that of the interest of the child.
The Court also held that these rules created unequal treatment (e.g. between Golden Visa/investment-type permit holders and other residents), violating the principles of equality and non-discrimination.
Administrative Delays & Removal of Tacit Approval (Article 105.º)
The proposed law demanded that decisions on reunification applications to be made in 9 months, extendable by another 9 months under vaguely defined “exceptional circumstances”.
The Court found this unreasonably long, especially with the removal of “tacit approval” (auto-approval if no decision is given).
This could result in delays of up to 3.5 years in reuniting families, which is a clear violation of the constitutional requirement for timely administration and effective protection of fundamental rights like family unity.
Unclear and Overly Vague Legal Concepts (Article 101.º & General Concerns)
Conditions like “adequate housing,” “sufficient means of subsistence,” and integration obligations (e.g., Portuguese language, civic knowledge, school attendance) were deemed insufficiently defined and left to regulation via secondary legislation (Portarias), raising concerns about legal certainty.
The Court warned that these indeterminate legal concepts could produce arbitrary or discriminatory applications, lacking clarity for both applicants and authorities.
Limits on Judicial Solutions
The proposed law restricted judicial action against AIMA, allowing lawsuits only if the violation was deemed ‘grave, direct and irreversible’.
The Court struck this down as an unconstitutional barrier to effective judicial protection under both Portuguese and EU law, including the EU Charter, Article 47.
Procedural Issues: Lack of Consultations and Democratic Legitimacy
The Court emphasised that the law was pushed through under an urgent legislative process without required consultations with key bodies:
- The Council of Administrative and Fiscal Courts;
- The Council of the Judiciary;
- The Bar Association;
- The Public Prosecutor’s Council.
Several of these consultations are legally mandatory.
This failure undermines the law’s democratic legitimacy, though it did not by itself make the law unconstitutional under preventive review.
Still, the Court used it to embolden its concerns about how rushed and procedurally weak the process was.
Keep Yourself Updated
At Portugal Homes, we understand that changes to citizenship and immigration law can create uncertainty for those planning their future.
Our team remains vigilant in monitoring every stage of this reform process.
We are committed to providing timely updates and clear guidance, ensuring that our clients and partners are always informed of the latest developments and their potential impact.
If you're still on the fence about Portugal, now is the time to act.
