Portugal's New Foreigners Law Enacted: Key Changes and Political Agreement

Marcelo Rebelo de Sousa Promulgates Revised Foreigners Law

President Marcelo Rebelo de Sousa has officially promulgated the revised Foreigners Law, stating that it "corresponds minimally to the essential doubts of unconstitutionality" previously raised. This decision came after the law was approved by 70% of deputies in the Assembly of the Republic.

Background and Constitutional Concerns

The initial version of the law was struck down by the Constitutional Court on August 8, which rejected five norms, primarily concerning family reunification. Specifically, the court objected to the establishment of a "blind two-year deadline" for family reunification applications. Following this, President Rebelo de Sousa vetoed the diploma.

Political Approval and Revisions

In late September, the Assembly of the Republic approved the new version of the Foreigners Law. The vote saw support from PSD, CDS-PP, IL, Chega, and JPP, while PS, Bloco de Esquerda, Livre, PAN, and PCP voted against it. The president emphasized that he had never before vetoed or sent a law back to the Constitutional Court a second time after it had been "purged" following a veto.

Key Changes in the New Law

• Family Reunification: The law maintains the two-year residency requirement but introduces exceptions. For spouses who lived with the applicant in the year before immigration to Portugal, the period is reduced to one year. Additionally, minimum residency periods for couples with children have been removed.

• Work Visas: The new law restricts work-seeking visas to highly qualified professionals. The specific list of eligible professions has not yet been released by the government.

• Judicial Protections: It ensures that citizens can use the courts to defend their rights, but without allowing indefinite challenges to administrative decisions, as highlighted by Minister António Leitão Amaro during the law's presentation on September 24.

This revision aims to address constitutional issues while updating Portugal's immigration policies.