The new law, revised after the Constitutional Court's rejection, drops only one of the contested rules and relaxes some others, particularly regarding the integration of minors. But it maintains overall restrictions.
The Government submitted the new version of the immigration law, revising several articles, but dropping only one of the rules rejected by the Constitutional Court .
According to sources, the legislation submitted by the PSD and CDS, but coordinated with António Leitão Amaro's cabinet in the Executive, now allows family reunification to occur within a period of less than two years (which remains the rule), but establishes two conditions: the immigrant must be able to prove that they lived with their spouse for at least one year before entering Portugal, and demonstrate that the marriage or de facto union was entered into freely and complies with Portuguese law (thus excluding marriages with minors or with more than one person). However, an exception is allowed if the spouse has a minor or someone deemed incapacitated as their dependent. In this case, reunification can be requested immediately.
Family Reunification: No Longer an “Absolute” Two-Year Wait
The most significant revision concerns family reunification. Under the earlier draft, immigrants had to wait a full two years of residence in Portugal before applying to bring in a spouse. The Constitutional Court ruled this “absolute period” unconstitutional, as it threatened the unity of families.
In the new draft, the two-year rule remains the general framework, but with important exceptions. If an immigrant can prove that they had already cohabited with their spouse for at least one year before arriving in Portugal, they may request reunification after just one year in the country. Even stronger, if the spouse abroad is responsible for a child or dependent person, the waiting period disappears entirely — the request can be made immediately after legal entry.
The government also clarified that marriages or unions must be voluntary, compliant with Portuguese law, and not polygamous or involving minors.
Integration Measures Clarified
Another area flagged by the Court was integration requirements. The earlier law was vague, suggesting training in Portuguese language and constitutional values might be a condition before reunification. The new draft makes clear: these measures are required after family members arrive in Portugal and receive residence permits. Minors must also comply with compulsory schooling.
By removing ambiguous wording, the government avoids leaving room for future executive orders to impose additional integration demands — ensuring Parliament retains its constitutional authority.
Deadlines Shortened, Access to Courts Protected
The earlier law allowed family reunification decisions to drag on for up to 18 months, which, combined with the two-year wait, could separate families for three and a half years. The new draft restores a nine-month deadline, extendable by another nine only in complex cases. Crucially, for couples qualifying under the new exceptions, even these extensions will not apply.
The government also dropped its earlier attempt to limit immigrants’ access to the courts in disputes with AIMA. Judges had deemed such restrictions unconstitutional; now, applicants retain full rights to challenge administrative decisions.
Government Balances Reform and Constitutional Demands
In submitting the revised bill through the PSD and CDS parliamentary groups, the government stressed it is not abandoning its broader migration reform agenda. Officials insist the aim is still to modernise migration policy while upholding Portugal’s constitutional duty to protect family life and fundamental rights.
The new draft will now be debated in Parliament, where immigrant communities, legal experts, and civil society groups are watching closely. The decisive test will be whether the balance between control and compassion is truly achieved in practice.