Portugal’s Constitutional Court Upholds Legal Certainty in Immigration Law Reform

9 August, 2025

On August 8, 2025, Portugal’s Constitutional Court ruled on the preventive review requested by the President regarding the recent amendments to the Immigration Law (Law No. 23/2007).

The Court declared several provisions unconstitutional — most notably, the proposed two-year minimum residency requirement before family reunification for permanent residents. The ruling emphasised fundamental constitutional principles, including:

  • Right to family unity
  • Proportionality in legislative measures
  • Legal certainty for applicants
  • Equal treatment among residents

A Strong Institutional Framework

This decision highlights the robustness of Portugal’s democratic and legal institutions. The Constitutional Court’s scrutiny reinforces the country’s commitment to balanced reforms that safeguard individual rights while maintaining coherent immigration policies.

The legislative process now restarts:

  1. The law will return to Parliament for amendments in mid-September, after the summer recess.
  2. The revised version will be debated, voted on, and resubmitted to the President.

Golden Visa Program Remains Stable

Importantly, the most impactful provisions under review do not affect Golden Visa investors. The program remains outside the scope of these specific amendments, ensuring that the legal framework for Golden Visa applications and renewals remains unchanged and secure.

This episode reinforces that:

  • Portugal’s legal system applies thorough scrutiny to proposed changes.
  • Investor rights are safeguarded through independent institutional checks.
  • The Golden Visa program continues to operate under a stable and predictable legal environment.

IAS Perspective

At IAS, we view this ruling as a reaffirmation of Portugal’s position as a safe and legally sound destination for investors. The combination of legislative oversight, judicial review, and constitutional guarantees provides a high level of confidence for those considering long-term commitments in the country.

We will continue to monitor legislative developments closely and share timely updates with our clients and partners.

NEWS & INSIGHTS

Newsletter Nº17 | July 2025