Following the parliamentary approval of the proposed changes to Portugal’s Immigration Law on July 19, 2025, a new development has emerged: on July 24, 2025, the President of the Republic formally submitted the approved legislation to the Constitutional Court for prior review. This step, although not mandatory, reflects the normal functioning of Portugal’s democratic system. It demonstrates the role of institutional checks and balances in safeguarding the rule of law and protecting fundamental rights before any new legislation is enacted.

Grounds for Constitutional Review

In his official communication to the Court, the President expressed concerns about the compatibility of some provisions with fundamental constitutional principles, particularly those related to:

• The right to family reunification and proportionality of the new conditions imposed on immigrants;
• The legal certainty and predictability of public administration timelines, considering the proposed extension of the decision period for residence permit applications;
• Potential discrimination resulting from the differential treatment of applicants based on visa categories or country of origin.

While this request does not signal opposition to immigration reform itself, it reflects a commitment to ensuring that the final version of the law respects Portugal’s constitutional framework and the rights of all individuals. This commitment is widely shared across Portuguese institutions and society.

Implications for the Legislative Timeline

The Constitutional Court will now proceed to examine the provisions in question. If any are found unconstitutional, the law will be returned to Parliament for revision. If the law is upheld in its entirety, the President may proceed with promulgation.

This review introduces a short delay to the legislative timeline. However, it reinforces the stability and reliability of the Portuguese legal system, in which democratic institutions function transparently and independently.

What This Means for Investors

As shared in our previous update, the most recent changes approved by Parliament explicitly excluded ARI (Golden Visa) holders from the restrictive measures affecting other visa categories—particularly the new limitations on family reunification. Therefore, we do not anticipate any impact on the Golden Visa (ARI) program, which remains safeguarded and continues to operate under the existing legal framework.

This development confirms that Portugal remains a jurisdiction where the rule of law prevails, and where legislative processes are subject to institutional review and constitutional scrutiny.

IAS will continue to monitor developments closely and provide timely updates to all our clients and partners.

If you have any questions about how this may affect your ongoing or upcoming procedures, please do not hesitate to contact our legal team.