On August 9, 2025, the Constitutional Court of Portugal made a fundamental decision safeguarding the family reunification scheme of the Golden Visa program in Portugal.
Maintaining preferential family reunification rights for investors in the program. Although the court struck down broader immigration restrictions that sought to limit family reunification for most immigrants, it confirmed that Golden Visa holders continue to have expanded privileges to bring family members to Portugal.
This decision sends a clear message that the Portuguese government values the contributions of foreign investors and will protect their rights under the Golden Visa program. It establishes important legal security for current and future applicants who rely on the program to invest and reunite their families without unnecessary delays or obstacles.
President Marcelo Rebelo de Sousa vetoed parts of the proposed immigration law following the court's decision, emphasizing the need to preserve constitutional protections for families while balancing immigration control. The veto obliges the government to revise the legislation to comply with the court's decision, but the family reunification rights of Golden Visa holders remain untouched and fully operational.
Family Reunification under the Golden Visa program in Portugal: Court upholds investors' rights.
On August 9, 2025, the Constitutional Court of Portugal confirmed that Golden Visa investors can retain preferential family reunification rights, even while overturning other restrictions the government intended to impose on immigrants in general. The court specifically rejected provisions that stipulated a two-year waiting period before most immigrants could apply for family reunification, as well as rules that limited eligible family members to spouses and minor children only.
It is important to highlight that Golden Visa holders, as well as highly skilled workers, are exempt from these restrictions. They continue to enjoy immediate family reunification rights that extend beyond the nuclear family, including adult children, parents, and other relatives. This decision reinforces Portugal's commitment to using the Golden Visa program as a competitive tool to attract foreign investment.
Family reunification under the Golden Visa program in Portugal: Court upholds investors' rights.
On August 9, 2025, the Constitutional Court of Portugal confirmed that Golden Visa investors can retain preferential family reunification rights, even while overturning other restrictions the government intended to impose on immigrants in general. The court specifically rejected provisions that stipulated a two-year waiting period before most immigrants could apply for family reunification, as well as rules that limited eligible family members to spouses and minor children only.
It is important to highlight that Golden Visa holders, as well as highly skilled workers, are exempt from these restrictions. They continue to enjoy immediate family reunification rights that extend beyond the nuclear family, including adult children, parents, and other relatives. This decision reinforces Portugal's commitment to using the Golden Visa program as a competitive tool to attract foreign investment.
What does this decision mean for Golden Visa family reunification?
As an immigration lawyer, I see this decision as a strong reinforcement of the legal security of the program. Furthermore, it sends a clear signal that Portugal values the economic contributions of foreign investors and recognizes their role in national development. The court's decision acknowledges that Golden Visa investors and their families contribute more economically than they consume in resources, justifying preferential treatment.
At the same time, the decision reaffirms constitutional protections for all legal residents, ensuring that the right to family unity cannot be unduly restricted. This balance preserves the dignity of immigrants in general, while also supporting economic migration strategies.
Comparison Table: Proposed Amendments vs Current Family Reunification Rules
What has changed for other immigrants?
The court struck down the government's attempt to impose broad limits on immigration regarding family reunification, such as the two-year waiting period and restrictions on eligible family members. Therefore, the current legal framework remains in effect, allowing immediate eligibility for family reunification without the need to prove prior cohabitation in the immigrant's country of origin.
Comparative table: proposed changes vs. current family reunification rules
| Category | Proposed rules (rejected) | Current rules (following court decision) |
|---|---|---|
| Waiting period for regrouping | 2 years for most immigrants. | No waiting period; immediate eligibility. |
| Eligible family members | Only spouses and minor children. | Extended family (adult children, parents, other relatives) |
| Proof of prior cohabitation | Required in the country of origin. | Not required |
| Applicable categories | All immigrants, except Golden Visa holders and highly skilled workers. | Golden Visa holders, highly skilled workers, and all other legal residents. |
Conclusion
The Constitutional Court's decision is a landmark for family reunification under the Golden Visa program in Portugal. It preserves the preferential rights of investors while reaffirming constitutional protections for all immigrants. For Golden Visa applicants and holders, this decision brings much-needed legal certainty and assurance that their family reunification rights remain guaranteed.
From now on, the government will need to carefully draft any immigration reform to respect these constitutional limits and keep Portugal attractive to foreign investors. Overall, the decision balances economic interests with fundamental human rights, ensuring that Portugal remains a welcoming and competitive destination for investment migration.
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