{"id":90268,"date":"2025-10-08T16:52:12","date_gmt":"2025-10-08T16:52:12","guid":{"rendered":"https:\/\/lamarescapela.pt\/?p=90268"},"modified":"2025-10-08T16:56:34","modified_gmt":"2025-10-08T16:56:34","slug":"immigration-law-reapproved","status":"publish","type":"post","link":"https:\/\/lamarescapela.pt\/en\/immigration-law-reapproved\/","title":{"rendered":"Immigration Law Reapproved, but Constitutional Doubts Remain"},"content":{"rendered":"<p>The <a href=\"https:\/\/app.parlamento.pt\/webutils\/docs\/doc.pdf?path=ZiS2bLt0uAGqzY5ZpAdKFsV4E1eWczg%252fHXK%252bsGrMuR%252fjYDUuoHYTk2H2tOnHRPsnq%252f1Q5TpNigY5gxoKF%252f0wLqqXv4kt8keA82i7pa%252bCW2z8FseM48lgFUEKovulOopQ%252bh2MTWOjDIwSb3d7FA660eA%252bi5sfPQsnQhmkgl8p3vrKSiP8wfAWHwkVDWqnXOvZ8gsa8cEzRIKvnGCHkpF34V0N7zuB%252bbZhund3cjVqgOTDMAJP6xC635H4gQFSM7MSMj0Gw9eLQOS9JylE6BQjVg%252fCZQ13BSUu1I72djZAGl9FxumEa0csAgE40mKDQSrWeA02cg6O2d%252fEqKNxfTnojUEa8maAXSEbKcLJ%252bvtkQRq9%252bBZarcX7y0nF02NOmAgJ5bC4D0AsXwj%252bUf04%252bOdgIA%253d%253d&amp;fich=b2240d9a-772a-40ee-bdea-da92af695efe.docx&amp;Inline=true\" rel=\"noopener\">new version of Portugal\u2019s Immigration Law<\/a>, approved by the Assembly of the Republic on September 30, marks a significant shift in the country\u2019s immigration policy. After being rejected by the Constitutional Court in August, the decree has now been reconsidered and passed by Parliament. While the revised text aims to address previous legal concerns, it continues to raise questions about its constitutionality and social impact.<\/p>\n<p>&nbsp;<\/p>\n<h3><strong>Family reunification: new requirements and exceptions<\/strong><\/h3>\n<p>Family reunification remains one of the most controversial aspects of the new law. The general rule still requires two years of legal residence before a foreign national can apply to reunite with family members. However, several exceptions have been introduced:<\/p>\n<ul>\n<li>Couples with children may begin the reunification process immediately after receiving their Residence Authorization in Portugal.<\/li>\n<li>Childless couples who have cohabited for 18 months prior to entering Portugal may apply after 15 months of residence.<\/li>\n<li>Family members of holders of highly qualified residence permits or gold visas may also apply immediately after the issuance of the Residence Authorization.<\/li>\n<\/ul>\n<p>These exceptions aim to reduce the impact of family separation, but require strict documentary evidence, such as the formal recognition of marriages and de facto unions in Portugal \u2013 procedures that may take a year or more to complete.<\/p>\n<p>In certain cases, individuals who entered Portugal without a residence visa while legally awaiting an appointment with AIMA (Agency for Integration, Migration and Asylum) may be required to return to their country of origin.<\/p>\n<p>&nbsp;<\/p>\n<h3><strong>New timelines at AIMA<\/strong><\/h3>\n<p>Another major change concerns the extension of AIMA\u2019s decision period from 3 to 9 months, with the possibility of a further 9-month extension in complex cases.<\/p>\n<p>The Constitutional Court had already warned of the consequences of this change: when combined with the two-year residence requirement, the family reunification process could take up to three and a half years. This timeframe is considered excessive and in violation of the principle of administrative efficiency, as well as the right to family unity, enshrined in the Portuguese Constitution.<\/p>\n<p>The Court also criticized the vague wording of \u201cexceptional circumstances associated with the complexity of the application\u201d as grounds for extending the deadline. According to the judges, this ambiguity could lead to administrative decisions lacking objective justification, resulting in unequal and discretionary treatment and undermining legal certainty and procedural predictability.<\/p>\n<p>&nbsp;<\/p>\n<h3><strong>Constitutional risks and legal concerns of the new Immigration Law<\/strong><\/h3>\n<p>Despite the amendments, doubts persist regarding the constitutionality of certain provisions. The Constitutional Court had previously ruled that some measures violated the right to family life and spousal protection. Our Founding Partner, Diogo Capela, warns that the new decree may be \u201cas unconstitutional, or even more so\u201d than the previous version. He also believes that the President of the Republic \u201cwill not let pass\u201d provisions that violate the principle of equality in family reunification between couples with children and those without and may choose to submit the decree once again for constitutional review.<\/p>\n<p>&nbsp;<\/p>\n<h3><strong>The role of lawyers in the new immigration landscape<\/strong><\/h3>\n<p>In a context of rapid and complex legislative change, lawyers play a crucial role:<\/p>\n<ul>\n<li>Providing personalized legal advice to immigrants<\/li>\n<li>Supporting administrative procedures<\/li>\n<li>Preparing documentation for family reunification and visa applications<\/li>\n<li>Representing clients in appeals and legal challenges before public authorities<\/li>\n<\/ul>\n<p>The new Immigration Law demands a critical and strategic approach, both from foreign nationals and the institutions that support them. Specialized legal counsel will be essential to ensure the protection of fundamental rights and the dignified integration of immigrants in Portugal.<\/p>\n<p>At Lamares, Capela &amp; Associados, we closely monitor all legislative and administrative developments, offering our clients rigorous and strategic <a href=\"https:\/\/lamarescapela.pt\/en\/immigration\/\">legal support in immigration matters<\/a>. If you need assistance with immigration procedures, contact us.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The new version of Portugal\u2019s Immigration Law, approved by the Assembly of the Republic on September 30, marks a significant shift in the country\u2019s immigration policy. After being rejected by the Constitutional Court in August, the decree has now been reconsidered and passed by Parliament. While the revised text aims to address previous legal concerns, [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":90279,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2076,2072,2079],"tags":[],"class_list":["post-90268","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-immigration","category-knowledge","category-visas-and-residence-permits"],"acf":[],"_links":{"self":[{"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/posts\/90268","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/comments?post=90268"}],"version-history":[{"count":3,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/posts\/90268\/revisions"}],"predecessor-version":[{"id":90286,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/posts\/90268\/revisions\/90286"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/media\/90279"}],"wp:attachment":[{"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/media?parent=90268"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/categories?post=90268"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lamarescapela.pt\/en\/wp-json\/wp\/v2\/tags?post=90268"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}