Diogo Capela
Lamares, Capela & Associados, Lisbon
Portugal dc@lamarescapela.pt

Executive summary

Between December 2024 and September 2025, Portugal advanced a package of legislative and administrative measures that substantially changed the legal framework for entry, stay and acquisition of nationality. The changes include:

1. Technical updates to the Law on Foreigners (Law 23/2007) in February 2025 to align with EU Entry/Exit Regulation requirements.
2. A government proposal in June 2025 to tighten nationality acquisition rules (longer residence requirements and integration testing) and to recalibrate residence pathways.
3. Parliamentary approval in July 2025 of a reform package reshaping both immigration and nationality law.
4. Constitutional Court intervention in August 2025, striking down several key provisions of the immigration law, and a separate decision in July 2025 invalidating a regulatory rule under the Nationality Regulation.
5. Renewed government efforts in September 2025 to re-draft parts of the immigration law in line with constitutional requirements.

Together, these steps mark one of the most intense periods of legislative and constitutional activity in Portuguese migration and nationality law since the mid-2000s.

Key legal changes and timeline

Law No 9/2025 (13 February 2025) – technical amendment of Law No 23/2007

In February 2025, the state published Law No 9/2025 which amended the main statute governing entry, residence and removal of third-country nationals (Law No 23/2007). The amendment implemented provisions necessary for domestic execution of the EU Entry/Exit System (Regulation (EU) 2017/2226)^[1] and introduced technical clarifications, including changes as to how authorisations are issued and their temporal validity for Community of Portuguese Speaking Countries (CPLP) Member States nationals.

Government package (23 June 2025) – tightened nationality and residence rules

On 23 June 2025, the Council of Ministers approved a set of bills proposing a broad reform of nationality and immigration rules. The announced measures included:

• extending the minimum residence period required to apply for naturalisation (seven years for Portuguese-speaking countries and ten years for others);
• introducing mandatory Portuguese language and civic knowledge tests;
• imposing stricter limitations based on criminal records;
• modifying family-reunification criteria; and
• reallocating competences to a new border and migration enforcement unit (United Nations Emergency Force (UNEF)).

Parliamentary approval (July 2025)

In mid-July 2025, Parliament approved the reform package amending Law No 23/2007 and related nationality provisions. The measures codified longer residence thresholds, strengthened integration requirements and reassigned enforcement responsibilities. Transitional rules were introduced for applications already pending.

Constitutional Court blocks Immigration Law amendments (August 2025)

In early August 2025, the Tribunal Constitutional reviewed several provisions of the new immigration law. In Court Decision No 785/2025, the Court declared unconstitutional five provisions of the parliamentary decree, notably those restricting family reunification to minor children already in Portugal, thereby excluding spouses or other core family members. The Court found violations of constitutional guarantees of family unity, equality, proportionality and effective judicial protection.

As a result, the President of the Republic refused to promulgate the decree and returned it to Parliament. The decision generated intense political debate, with opposition parties highlighting risks of undermining integration and human rights, and the government emphasising its intention to revise and resubmit the law.

Government revision (September 2025)

On 24 September 2025, the government presented a modified draft. The new version reduced the two-year waiting period for family reunification, allowing earlier requests in cases involving minors or incapacity, while also requiring proof of a genuine marital relationship. The draft sought to remedy the constitutional objections but maintained stricter control of entry, including specific restrictions for some categories of CPLP nationals.

Nationality Regulation ruling (July 2025)

In parallel, the Constitutional Court in their Decision No 522/2025 declared unconstitutional a norm of the Nationality Regulation (Article 56(1), approved by Decree-Law 237-A/2006) insofar as it set the time limit for the Public Prosecutor’s opposition to nationality acquisition as beginning on the date of registration. The Court ruled that this contradicted the Nationality Law itself, which fixes the limit as one year from the underlying fact leading to acquisition. This decision had immediate practical consequences, limiting the ability of authorities to challenge nationality acquisitions after the statutory period.

Practical impact and who is affected

The reforms, though partially suspended by the Constitutional Court, have broad implications:

• Naturalisation applicants: face longer residence requirements and new obligations of language and civic tests once reforms are finalised.
• Temporary residents and investors: uncertainty persists as transitional rules interact with constitutional rulings.
• Family reunification: remains the most sensitive area. While the Court blocked restrictive rules, the government’s revised draft still introduces conditionality.
• Pending cases: applicants advised to file under pre-reform rules where possible.

Institutional and enforcement changes

The reforms also confirmed the creation of UNEF, a new policing body for foreigners and border enforcement. This reallocation consolidates functions previously exercised by the Serviço de Estrangeiros e Fronteiras (SEF) into a structure with clearer policing competences for inspections, deportations and border management. Critics argue that this could risk a securitisation approach, while the government maintains it will improve efficiency.

Legal and constitutional issues

The constitutional dimension of the 2025 reforms is unprecedented. Preventive review by the Constitutional Court resulted in a rare presidential veto on grounds of unconstitutionality. The debates highlight tensions between sovereign control of borders and Portugal’s constitutional commitments to equality, proportionality and family unity.

In addition, the Court’s ruling on the Nationality Regulation reaffirms the principle of legality and legislative hierarchy: executive decrees cannot alter statutory deadlines or substantive conditions laid down by Parliament.

Recommendations for practitioners and affected individuals

• Applicants: file naturalisation and family-reunification procedures under current rules while eligibility remains; prepare for longer timelines and stricter documentation.
• Employers and sponsors: anticipate delays; adjust recruitment to account for possible restrictive visa categories and additional compliance checks.
• Legal counsel and NGOs: monitor transitional provisions; prepare constitutional litigation strategies; prioritise outreach to vulnerable groups, especially in family reunification.

Conclusion

The December 2024–September 2025 period marks a decisive turn in Portuguese immigration and nationality policy. On the one hand, the government has pursued stricter residency-to-citizenship pathways, more robust integration requirements and institutional centralisation of enforcement. On the other, constitutional safeguards have checked the most restrictive provisions, particularly those threatening family unity and equality.

The months ahead will determine whether revised drafts satisfy constitutional standards or prompt further litigation. For now, the reforms demonstrate the centrality of constitutional law in shaping Portugal’s migration and nationality framework.