10/08/2025
‼️Immigration Law: What "passed", what was vetoed by the Constitutional Court, and what has been maintained since the beginning‼️
🇵🇹🇵🇹🇵🇹💚🟡❤️🇵🇹🇵🇹🇵🇹🇵🇹
Some of the changes to the law weren't even sent to the Constitutional Court because the President didn't see any unconstitutionality. This is the case with limiting work-seeker visas to highly qualified individuals.
The Constitutional Court (TC) has ruled that five of the seven points.
🟡🟡What the judges declare unconstitutional
👉🏼 Appeals against AIMA
The judges at Palácio Ratton declared that preventing citizens from taking legal action against the Agency for Integration, Migration and Asylum (AIMA) is also inconsistent with the Constitution . The law provided that legal action could only be filed when "the actions or omissions of AIMA demonstrably compromise, in a serious, direct, and irreversible manner, the timely exercise of personal rights, freedoms, and guarantees."
👉🏼 Nine-month period for analyzing the request for family reunification - with possible extensions
By majority, the TC defined that it is not in accordance with the Constitution that there is a nine-month period for the Government to analyze a request for family reunification - a period that can be extended for another nine months , according to the initial text of the law.
For the judges, "adding a nine-month decision period, extendable up to 18 months" to the two years of mandatory residence for the request "is not compatible with the State's obligations to protect the family," explained José João Abrantes, president of the TC.
👉🏼 Two years to be able to request family reunification
It was also declared that it was contrary to the Constitution that immigrants must wait two years before being authorized to apply for family reunification. "The imposition of an absolute deadline, that is, a two-year blind deadline, is 'incompatible with the constitutional protection owed to the family , in particular the cohabitation of spouses or similar individuals,'" explained José João Abrantes.
👉🏼 Regroup only with minors
Another unconstitutionality was established in the section of the law that provides for reunification if minor children are present in the country— as is currently the case , even without any changes to the law. "By not including the spouse or equivalent, it could force the disintegration of the family and lead to the separation of family members," explained the TC president.
👉🏼 Integration measures in family reunification
Mandatory integration measures for family reunification were also declared to be in violation of the Constitution. The explanation is that the legislation leaves these measures to the government to define through executive orders. In the judges' view, the constitutional violation lies in this aspect, as they believe that Parliament, not the government, should define these standards, as it has "exclusive jurisdiction" over this matter.
🟡🟡What the judges declared to be in accordance with the Constitution.
👉🏼 Priority regrouping for gold and highly skilled visas.
The judges ruled that giving priority to immigrants with golden visas and highly skilled workers—who don't have to wait two years to apply— is not unconstitutional . "It does not appear disproportionate or discriminatory,
👉🏼 AIMA's difficulty in meeting deadlines
The TC also declared constitutional that administrative judges may not grant (approve) a request to expedite the process to the Agency for Integration, Migration and Asylum (AIMA) , "in the face of possible abnormal pressures of requests and requests, the human, administrative and financial resources available" (...) and that the Administrative Court take into account, in decisions, "the consequences that may result from the summons for the equitable treatment of all requests addressed to AIMA", that is, that those who file a lawsuit now have priority in service.
The Constitutional Court's argument is that "in this case, it would be the legislator who would ask the administrative judge to make considerations on judgments of opportunity or convenience that are the exclusive responsibility of the public administration, which would hardly be compatible with the principle of separation of powers in our legal-constitutional system."
🟡🟡 What has been agreed since the beginning of the law's approval
👉🏼 Job search visa only for highly qualified individuals
This change was, from the outset, considered legal. Once it is re-approved and goes through all the procedures to come into effect, the work-seeker visa, the most sought-after visa in Brazil, will only be available to individuals considered to have "high professional qualifications . "
Currently, this visa is requested by people arriving in Portugal to seek work in various fields considered "unskilled," such as restaurants, hotels, construction, and commerce. The list of "skilled" professions will be defined by government decree and is not yet available .
👉🏼 Request CPLP title in the territory.
The law will also be re-approved, eliminating the possibility of entering Portugal without a visa (or as a tourist) and applying for a residence permit from the Portuguese Language Community (CPLP) . The government had promised to implement this mechanism, but reversed its decision, fearing that it would become a form of expression of interest , which has been abolished and will not return under this government.
👉🏼 Visa vetoed for those who were in an illegal situation in Portugal and were removed.
Visa applications will be refused for those who have previously been in Portugal and received a removal request . "A residence visa, a visa to seek skilled work, or a temporary stay visa will be refused to a third-country national who has entered or remained in national territory illegally and who meets the provisions of Article 144.1," the law states.
In 2022, the last year for which data is available (in the annual report of the former Foreigners and Borders Service (SEF), 379 removals were ordered. The nationality with the most such orders was India, with 98 cases, followed by Brazil, with 87 cases
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