Lisbon, Aug 9 (IANS) Portugal’s President Marcelo Rebelo de Sousa vetoed the amended Foreigners Law, returning it to parliament shortly after the Constitutional Court struck down several of its provisions as unconstitutional, the presidential website announced.
According to Diario de Noticias, the court ruled that measures restricting access to family reunification and limiting appeals to the Administrative Court against decisions of the Agency for Integration, Migration and Asylum violated constitutional protections.
One provision, by excluding a spouse or equivalent partner, could lead to the separation of the nuclear family of a foreign national holding a valid residence permit, the court found, Xinhua news agency reported.
It also deemed unconstitutional the compulsory two-year waiting period before a resident could request family reunification for all adult family members living abroad. In addition, the court struck down the proposed extension of the maximum review period for family reunification requests from 90 days to nine months, saying it breached the state’s duty to protect the family.
The legislative process and amendments have been highly controversial. President Rebelo de Sousa repeatedly voiced concerns during the drafting stage, criticising the process as rushed, and referred the bill to the Constitutional Court for preventive review.
The Foreigners Law, covering immigration, visas, residence permits, and family reunification, has undergone multiple revisions in recent years. On June 23, the Portuguese government approved legislative proposals to amend the law, and on July 16, parliament passed the amended law seeking tightened immigration controls.
Prime Minister Luis Montenegro said Thursday that the government would respect the court’s decision and seek legal adjustments that upheld constitutional principles while pursuing its policy goals. Minister of the Presidency Antonio Leitao Amaro stressed the government would not abandon the amendments and would rework the plan for future implementation.
Portugal has moved in recent years to tighten immigration controls after experiencing a rapid rise in migrant arrivals. In 2024, it abolished the “expression of interest” residency regime, which had allowed non-EU migrants to enter on a tourist or other non-work visa and later apply for a residence permit.
Officials say the increase has strained public services such as housing, education, and healthcare. Soaring housing costs and shortages in major cities like Lisbon and Porto have intensified calls for population controls. Authorities also cite cases of migrants arriving on short-term visas and remaining without formal work contracts, feeding informal labor markets.
–IANS
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