Portugal Immigration Reform Paused: What Expats Must Know

Lisbon woke up to yet another round of political brinkmanship: a sweeping rewrite of Portugal’s immigration rules remains in limbo because the country’s head-of-state asked the Constitutional Court to examine the text. For thousands of would-be residents—and for the 1.6 M foreigners already living here—the move injects a fresh dose of uncertainty into visa planning, family reunification and long-term status. The government insists the reform is essential to curb abuse; the president fears it breaches fundamental rights; the anti-establishment Chega party warns of an impending “chaos”.

The Presidential Brake

President Marcelo Rebelo de Sousa surprised few observers when he dispatched the new Lei dos Estrangeiros to the Constitutional Court on 24 July. Still, the 15-day deadline he set for judges to deliver a ruling shows unusual urgency. Marcelo flagged possible breaches of the Constitution’s guarantees on equality, family unity and the best interests of the child, alleging that several passages are “potentially disproportionate”. Legal scholars note that only seven of the 178 articles are under explicit scrutiny, yet a negative finding on any one of them could force Parliament back to the drawing board.

Chega’s Alarm Bells

André Ventura, the firebrand leader of the far-right Chega, reacted within hours, accusing the president of sacrificing border control on the altar of judicial formalism. He claims the Court review will “freeze vital measures” and leave Portugal exposed to “immigration without rules”. Ventura told reporters he had “99.9 % certainty” the referral would happen after meeting Marcelo earlier in the week, but he still branded the move a “historic error”. The deputy also hinted he is lining up amendments with the centre-right PSD the moment the Court issues its opinion, underscoring his ambition to shape the next draft.

Inside the Controversial Bill

At the heart of the dispute lie three hard pivots in policy. First, work-search visas would be limited to emprego qualificado, effectively closing the door to most low-skill applicants. Second, family reunification (reagrupamento familiar) would no longer be automatic: newcomers would need two years of legal residence before applying, unless minors were already in Portugal. Third, the proposal scraps the fast-track residency created in 2023 for nationals of the Community of Portuguese-Speaking Countries (CPLP). Supporters argue these changes align Portugal with peers such as Spain and Italy; critics counter that the draft erects barriers unheard of since the 1990s.

Why the Constitution May Block It

Marcelo’s memo to the Court reads like a constitutional law lecture. He cites Article 36 on family bonds, Article 13 on non-discrimination and Article 18 on proportionality to warn that delaying family unity by two years could violate European directives and the UN Convention on the Rights of the Child. He also highlights the bill’s “conceptual vagueness” around what qualifies as a “highly skilled job”, questioning whether immigration officers will have clear guidance. Constitutional experts say the judges could either strike specific clauses or demand a complete rewrite if they deem the restrictions inseparable from the bill’s logic.

Numbers That Frame the Debate

Portugal’s demographic landscape has shifted faster than most newcomers realize. Foreign citizens quadrupled from 422 000 in 2017 to roughly 1.6 M by end-2024, representing 15 % of the population. Even so, the flow of new applications slowed by 59 % in the second half of 2024 after the government axed the manifestação de interesse route. AIMA, the agency that replaced SEF, still has 69 000 residence files in limbo. These figures underpin both sides: Chega cites them to argue the system is overwhelmed, while rights groups say the backlog shows how tougher rules merely clog the pipeline.

Political Chessboard

The draft law cleared Parliament thanks to the votes of PSD, Chega and CDS-PP, with Iniciativa Liberal abstaining. The Socialist Party, Left Bloc and Communists opposed it, labeling the package “xenophobic”. Prime Minister Luís Montenegro, who needs Chega to pass most legislation, shrugged off the presidential veto path as “perfectly normal” and voiced confidence the Court will green-light the text. Whispered in the corridors of São Bento, however, is the fear that any strike-down could splinter the tenuous right-wing alliance just as budget season looms.

What It Means for Residents and Applicants

For expats already holding a residence card, immediate changes are unlikely—applications in progress remain governed by the current statute until new rules formally enter force. Yet anyone planning to bring a spouse or parent in 2025 should prepare for possible delays. Likewise, job seekers without a contract may find the visto de procura de trabalho unavailable unless they can prove higher education and a qualifying salary benchmark, rumoured to track the median wage of €1 500. Nationals of Brazil, Angola and other CPLP states could see the effortless online residency portal shut down, reverting to embassies and longer waits.

Countdown to a Verdict

Should the Constitutional Court uphold the bill, it could be promulgated before Portugal’s mid-August holiday, allowing the Ministry of Interior to draft regulations by autumn. A partial or total rejection would push lawmakers into yet another negotiation round, likely extending the status quo into 2026. Either way, observers advise foreigners to monitor AIMA’s website and consult professional advisers before submitting applications, as procedural windows can open—and slam shut—without warning in the current climate.

This story will be updated once the Constitutional Court issues its decision.