The government successfully passed the new Foreigners Law on Tuesday, September 30, with support from Chega, CDS-PP, Liberal Initiative (IL), and JPP, while facing opposition from the PS, Livre, PCP, Left Bloc (BE), and PAN.
Negotiations with the Socialists were ongoing “until the last moment,” but ultimately, agreement was reached on the right with Chega.
Many principles from the June proposal remain, but new changes facilitate family reunification and address administrative issues previously contested by the President and the Constitutional Court.
Inconstitutional? PS dismisses doubts, but Livre seeks clarification
Following the vote, reactions quickly emerged. José Luís Carneiro, PS secretary-general, stated that the party has “an alternative path” for immigration regulation and will present a proposal accordingly. However, he dismissed any constitutional doubts regarding the amendments to the foreigners’ law.
“For us, there were no constitutional issues, nor will we raise that issue. We now leave the matter in the hands of the President of the Republic,” declared José Luís Carneiro in the Parliament, when asked if PS would consider a possible request for successive review by the Constitutional Court.
Livre, on the other hand, urged the President of the Republic to submit the new version of the Foreigners Law to the Constitutional Court for legal certainty in this matter.
The PCP’s secretary-general criticized the new version, stating it maintains “the chaos” for those with “a lot of money,” who continue to have “open doors” for speculation.
“Those who have money can freely come, buy all the houses, all the buildings, and speculate as they please. Those seeking a better life, like our citizens who go abroad searching for a better life, have their rights restricted,” he criticized.
Chega made “concessions” but door remains “open for dialogue”
On the right, the IL president welcomed the approval of the new Foreigners Law, considering that “immigration with rules” and “proportionality” are necessary.
“It was very important for the country to have reached the approval of the Foreigners Law today,” said Mariana Leitão, critiquing the “poorly managed process by the government and the PSD” that led to the rejection of the first version of the bill in August.
The CDS-PP president and Defense Minister, Nuno Melo, believes the new Foreigners Law proposal will not raise constitutional doubts and praised Portugal’s move toward legislation ensuring “entry rigor” for “humanistic integration.”
When asked about possible concessions by government parties to Chega in the new law negotiations, Nuno Melo stated there was no need to discuss concessions when approving “the CDS’s long-held position.”
The Chega parliamentary leader, Pedro Pinto, claimed concessions were made by both parties in the foreigner’s law negotiation and that there’s now an “open door” for dialogue with the government.
What changes?
One major issue with the previous law was related to family reunification, which was addressed in most amendments in the new document.
The previous law required two years for family reunification for relatives outside the country. The government’s amendment removes any stay requirement for the reunification of “minors or dependents,” “spouse or equivalent with the residence permit holder, parent or adopter of a minor or dependent.” Exceptions to deadlines have been broadened. Spouses without children can request reunification but with shorter deadlines for spouses with prior cohabitation.
Additionally, family members with a “residence permit for teaching, highly qualified, or cultural activity,” “residence permit for investment activity” (applicable to gold visas), and “beneficiaries of the ‘EU blue card'” are not subject to deadlines.
Another change involves marriages. To be considered, marriages must be effective, valid, and recognized by Portuguese law, excluding “potentially forced marriages, with minors or polygamous” relationships from reunification.
Chega managed to implement three changes: altering family reunification deadlines, ensuring “housing conditions of immigrants compare with those in Portugal,” and stating that residence permits, even for family reunification, are only renewed if immigrants do not depend on social support.
The limitations on granting CPLP residence permits and the end of the job search visa (only for highly qualified individuals) remain, as does the end of the “transitional regime.”
The government maintains the two-year general deadline for family reunification, though broad exceptions minimize deadlines.
The extension of the AIMA decision period to nine months remains, with exceptions, as does the adoption of immigrant integration measures: language, cultural and constitutional value training, and mandatory education for minors.
Even though the new Foreigners Law might still face hurdles, it’s unlikely to happen this time. Unlike in July, Marcelo Rebelo de Sousa does not seem keen to send the new document to Palácio Ratton.
For Parliament to challenge it, 46 deputies must subscribe to such a request, an almost impossible occurrence.
