Ongoing discussions with the Chega party reveal a significant obstacle regarding consensus due to André Ventura’s demand for a clause preventing immigrants from receiving social support unless they have contributed for five years.
The Social Democratic Party (PSD) argues that such a clause raises “serious constitutional doubts,” particularly given existing jurisprudence on violating the principle of human dignity.
As for negotiations with the Socialist Party (PS), a social-democratic source noted that the issue lies in understanding “what exactly the socialists propose” to agree on endorsing the new version of the immigration law. The PS responded that the deadline for submitting proposals “ends at 6:00 PM today.”
Today, Iniciativa Liberal leader Mariana Leitão indicated that her party will likely support the proposed revision of the immigration law on Tuesday, believing the new draft addresses the Constitutional Court’s (TC) concerns.
Leitão described it as a “widely discussed issue in the Assembly of the Republic,” noting that the government previously failed to resolve certain issues, leading to the TC’s veto.
The first draft of this decree, originating from a government bill, was passed in July with PSD, Chega, and CDS-PP votes in favor, abstention from IL, and opposition from PS, Livre, PCP, BE, PAN, and JPP.
However, by the end of that month, President Marcelo Rebelo de Sousa requested the TC’s review of the decree altering the legal regime of entry, stay, exit, and expulsion of foreigners from the national territory.
On August 8, the TC rejected five provisions of the decree. Of the seven provisions scrutinized by the TC, five were rejected, mainly concerning family reunification.
The new version, proposed by PSD and CDS, retains a two-year waiting period post-residence permit issuance before immigrants can apply for family reunification, but introduces exceptions to this rule.
Exceptions include children, highly qualified family members, and dependents such as those with disabilities. Couples sharing a common child allow for exemptions for the spouse or equivalent, the child’s mother or father.
For spouses without children, a one-year waiting period is permissible if the marriage or relationship existed before moving to Portugal and involved cohabitation for at least a year.
In response to the TC’s demand for clarification on integration measures, the new proposal specifies obligations for training in the Portuguese language, culture, constitutional values, and mandatory education for minors.
The revised version maintains a nine-month deadline (currently three months) for AIMA to decide on cases and notify immigrants, but this extension does not apply to those already facing a two-year wait period.
