Constitutional Court Delivers Landmark Victory for Portuguese Immigration Rights

Lisbon, Portugal – August 11, 2025 – Lisbon, Portugal – August 8, 2025 – Portugal’s Constitutional Court has issued a decisive ruling that fundamentally protects immigrant family rights while validating the country’s Golden Visa program, delivering a comprehensive victory for constitutional principles and Portugal’s investment immigration sector.

Key Takeaways

Family Rights Protected: The Court struck down mandatory family separation periods, declaring them unconstitutional and affirming that “the family is an essential pillar of society.”

Golden Visa Validated: The Court specifically upheld preferential treatment for Golden Visa holders, confirming these advantages serve “legitimate policy objectives to attract talent and investment.”

Legislative Reset: Proposed immigration restrictions are automatically returned to Parliament for complete review, with reconvening scheduled for mid-September 2025.

In Ruling No. 785/2025, Portugal’s highest constitutional authority struck down key provisions of the government’s proposed immigration restrictions, declaring them incompatible with fundamental constitutional principles.

Unconstitutional Measures Eliminated:

• Mandatory two-year waiting periods for spouse reunification
• Extended processing times from 3 to 18 months for family applications
• Excessive integration requirements beyond constitutional parameters
• Limited access to judicial protection for immigration cases

“This ruling confirms that family unity cannot be subordinated to administrative convenience,” the Court emphasized, citing constitutional provisions protecting family life, children’s rights, and parental relationships.

In a significant victory for Portugal’s investment immigration sector, the Constitutional Court specifically upheld as constitutional the preferential treatment granted to Golden Visa holders and highly qualified professionals.

“By upholding differential treatment for investors and skilled professionals, the Court has confirmed that strategic economic policy objectives can coexist with constitutional equality principles when properly structured,” states Joana Mendonça, General Counsel of Global Citizen Solutions.

This formal constitutional validation strengthens Portugal’s competitive position in global investment migration, confirming that preferential treatment for investors aligns with constitutional requirements and national economic interests.

Immediate Impact:

• All proposed restrictive immigration amendments are nullified
• Current family reunification procedures remain in effect
• Golden Visa holders retain all preferential treatment
• Judicial protection rights for immigrants are fully maintained

Timeline for New Legislation:

• Parliament reconvenes mid-September 2025 from summer recess
• New provisions must be drafted to comply with constitutional requirements
• Re-approval process required before any legislation reaches the President
• Constitutional compliance mandatory for all future immigration reforms

Who Benefits Most:

• Families seeking reunification under all visa categories
• Golden Visa investors with confirmed preferential treatment
• Highly qualified professionals with validated expedited procedures
• Portugal’s investment migration sector with enhanced legal certainty

As Portugal’s highest constitutional authority, this ruling is final and binding, establishing permanent legal precedent protecting family reunification rights. The decision demonstrates Portugal’s constitutional framework successfully balances immigration policy with fundamental rights protection.

“This Constitutional Court ruling establishes that family unity is not merely a policy preference but a constitutional imperative,” adds Mendonça. “The Court has definitively rejected the notion that administrative efficiency can override fundamental rights.”