In June 2025, the current government presented three legislative proposals regarding the entry of foreign nationals into Portugal: one amending the Nationality Law, increasing the minimum residence periods; another revising the Immigration Law, specifically the rules on family reunification; and a third proposing the creation of a border police force.
However, the Constitutional Court struck down five provisions of the parliamentary decree that sought to amend the so-called Immigration Law, most of which concerned family reunification. The Court found the restrictions on family reunification, as well as the limitations on judicial remedies, to be unconstitutional.
The government then submitted a revised bill, following the Constitutional Court’s ruling, which eliminated only one of the contested provisions and introduced flexibility to others, particularly with regard to the integration of minors.
Under the new proposed amendments, although the general two-year requirement remains in place, it may be reduced to one year in cases where spouses had cohabited with the applicant during the year prior to their immigration to Portugal.
Family reunification may now take place in less than two years (which remains the general rule), provided two conditions are met: (i) the immigrant must prove they lived with their spouse for at least one year prior to entering Portugal; and (ii) the immigrant must demonstrate that the marriage or de facto union was entered into freely and complies with Portuguese law (thereby excluding child marriages or polygamous unions). Exceptionally, immediate family reunification may be requested where the spouse has custody of a minor or a legally incapacitated person.
Therefore, for couples without children, the new proposal requires a valid residence period of one year and cohabitation for at least one year immediately prior to entering the country.
For other family members who are not minor children, no minimum cohabitation period is established. However, the requirement of at least two years of residence remains in effect, regardless of whether the family ties predate or postdate the applicant’s entry into Portugal.
As in the original version, holders of so-called “golden visas”, highly qualified professionals, and holders of the EU Blue Card are still exempt from these deadlines, though it is no longer mandatory for them to already be residing in Portugal.
The new version of the Law requires express proof of a rental contract or property ownership, and the requirement for means of subsistence without recourse to social assistance remains unchanged.
With regard to integration measures, the new version of the Law establishes that such obligations apply only to family members, and only after the residence permit is granted. These obligations include attending training in the Portuguese language and in constitutional principles and values. In the case of minors, they must comply with compulsory schooling.
In the draft law now submitted, the government has reduced the decision-making timeframes for AIMA, ensuring that decisions will be issued within a maximum of nine months in cases where the couple shared a home for at least one year in their country of origin or where a minor is in their care.
The only contested provision that was actually removed from the legislation now under discussion relates to the reduction of judicial recourse aimed at expediting AIMA decisions.
