Chega Pushes Stand-Alone Bill to Cut Social Support for Immigrants

A week after André Ventura left the negotiating table accusing his potential allies of “timidity”, the Chega chairman has redrawn the political map once again by declaring that the party will press ahead with a bill designed to curb immigrants’ access to public assistance—even if that means derailing next year’s Budget debate.

A bill Chega wants to keep outside the Budget river

Ventura’s message landed during a morning interview on Rádio Observador, where he insisted that the tightening of eligibility rules for social support “must be approved in its own right, without being buried in a 300-page Budget”. In practical terms that means Chega will table a stand-alone draft law before the end of the month. The move sidesteps the traditional give-and-take of Budget season and forces Parliament to vote on the matter in plenary, likely in November.

What exactly would change?

Chega’s working document—shared with reporters by MP Rita Matias—draws a sharp line between residents who hold Portuguese or other EU passports and those who do not. Key points include:• A 5-year waiting period before newcomers can apply for the Rendimento Social de Inserção (RSI), child allowance or rent subsidies.• A cap that limits non-EU households to 2 consecutive years of unemployment benefit unless they have contributed to social security for at least 36 months.• Automatic loss of those benefits if the recipient leaves national territory for more than 60 days.Chega estimates that the measures would “save at least €210 M per year”. Government accountants, however, put the figure closer to €90–110 M.

Constitutional minefield ahead

Several constitutional scholars say the proposal is skating on thin ice. Article 15 of the Constitution grants foreign residents the same civil rights enjoyed by Portuguese citizens, while Article 63 enshrines the right to social security. “A 5-year embargo conflicts directly with the principle of equality,” argues Madalena Rezola, professor of public law at NOVA University. She likens the draft to a 2018 initiative in Austria that was struck down by that country’s constitutional court.

Do immigrants really stretch the welfare budget?

According to the Social Security Institute’s 2024 dashboard, immigrants made up 11.2% of Portugal’s workforce but accounted for only 6.7% of RSI recipients and 5.9% of child-benefit claimants. In pure euros, the state spent €97 M on non-EU households last year, less than it shelled out for the two smallest autonomous regions combined. The institute’s economist Luís Costa points out that “immigrants are net contributors in every contributory branch except unemployment insurance”.

Political calculus: pressure on PSD and CDS

The minority centre-right government needs Chega’s 20 seats for a working majority. By insisting on an autonomous vote, Ventura is effectively daring Prime Minister Luís Montenegro to back the bill—or risk being portrayed as soft on immigration. CDS leader Nuno Melo has already signalled he is “open to a cooling-off period” but balks at a 5-year blanket rule. Inside PSD the proposal splits the caucus, especially among deputies from districts with acute labour shortages.

Brussels and bilateral relations

Any legislation that discriminates against legally resident EU citizens would trigger infringement proceedings. European Commissioner for Equality Helena Dalli reminded Lisbon that free movement extends to social assistance, citing the 2011 Brey ruling by the European Court of Justice. Cape Verde and Brazil, countries linked to Portugal by mobility agreements, have also sent diplomatic notes underscoring the need for “reciprocal treatment”.

What happens next?

The draft is expected to reach the Assembly’s table on 16 October. After a first reading, it will go to committee where amendments could soften the waiting period or carve out exceptions for minors born in Portugal. The President can still request preventive review by the Constitutional Court, a step Marcelo Rebelo de Sousa previously took in 2021 over Chega’s referendum bid on crime policy.

For now, the only certainty is that migration—and the benefits linked to it—will dominate the political autumn, potentially eclipsing debates on housing, health and even the €2.3 B digital transition package the government hoped would headline this legislative term.