Court Ruling Protects Immigrant Family Reunification Rights in Portugal

Portugal’s Constitutional Court has struck down controversial immigration law changes that would have delayed or restricted family reunification for many immigrants, reaffirming constitutional protections for family unity.

The decision came after President Marcelo Rebelo de Sousa vetoed the legislation, citing the Court’s finding that measures such as doubling the waiting period for reunification and excluding certain relatives were unconstitutional.

The previous immigration rules remain in force, meaning immigrants can still bring eligible family members to Portugal under the existing, less restrictive family reunification criteria.

Lawmakers must now remove or amend the unconstitutional provisions before any revised law can be enacted. This also preserves transitional protections for those already registered under the current system.

The ruling has also drawn attention to another part of the government’s broader immigration reform agenda — a proposal to extend the residency requirement for citizenship from five to ten years.

Commenting on the proposal to change the residency requirement for citizenship from five to ten years, the President suggests that the Constitutional Court’s decision “could prompt some moderation and concessions to secure PS support for the reinforced majority.”

Involving the Socialist Party may ultimately temper the government’s stance on citizenship reform.

For Golden Visa residency-by-investment applicants, nothing changes, and the potential delay in achieving permanent citizenship is not impacting international families wishing to secure a Golden Visa and potential second passport in Europe.

Investors continue to forge ahead with their Golden Visa residency-by-investment in record numbers, many using the programme as a Plan B and diversifying their investments internationally in a relatively economically stable and strong market.

Paul Stannard, Chairman & Founder of Portugal Pathways, commented: “This ruling backs what we’ve always maintained — Portugal’s Golden Visa is built on stability and certainty. Investors can continue confident in securing permanent EU citizenship, without the risk of retroactive policy changes.”

Paul Sheedy, Special Advisor to the Portugal Future Fund, agreed: “We’re seeing a high degree of investor confidence in Portugal. The value Golden Visa investors bring to Portugal — economically and socially — is clear, with over €8 billion invested already in key sectors driving Portugal’s economy.”

Launched in 2012, Portugal’s Golden Visa is a residency-by-investment programme designed for non-EU, non-EEA, and non-Swiss citizens. It grants the right to live, work, and study in Portugal, with visa-free travel across the Schengen Area.

Since 2023, qualifying routes no longer include real estate or capital transfers, with the main option now being a minimum €500,000 investment in an alternative investment fund in Portugal that the regulators, CMVM, have approved for Golden Visa residency-by-investment applications.

Portugal Pathways operates a Golden Visa investment fund index of over 30 regulated alternative investment funds eligible for Portugal’s Golden Visa residency-by-investment programme. Click to learn more.

Holders need only spend an average of seven days per year in Portugal and may apply for permanent residency or EU citizenship at the end of the Golden Visa, subject to requirements such as completing the minimum number of online hours learning the basics of Portuguese.

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About Portugal Pathways

Portugal Pathways has supported hundreds of Golden Visa residency-by-investment applications and provides expert guidance through its professional supply chain network on luxury property, wealth management, and tax optimisation, including post-NHR tax regime planning, as well as private healthcare, IFICI tax incentive applications, money transfers and bespoke relocation solutions to enhance life and investments in Portugal.

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Disclaimer: The information on the Portugal Pathways and Portugal Investment Owners Club (P Club for short) websites and in email communications is for general informational purposes only and should not be construed as legal, tax, or financial advice. You should consult and check with a qualified professional advisor before relying on any information provided on this website or in email communications. As it relates to investments in Golden Visas or other wealth management solutions offered by regulated and professional advisors, it is important to note that past performance is no guarantee of future returns. Private equities can be highly illiquid and come with risk and should always be under professional independent advice. Golden Visa investments need to be held for 6 to 7 years to allow for permanent citizenship/passport in the EU.

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