Portugal’s top court blocks bill restricting immigration for family members

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ER Editor: European Conservative also has this —

Portugal’s Constitutional Court Torpedoes Elected Lawmakers on Migration Reform

The Constitutional Court in Lisbon has prevented Portugal’s parliament from restricting the inflow of migrants in a decision handed down on Friday, August 8th. It cited a particular “human right” (to a family life) that the bill would allegedly take away by obstructing family members from joining immigrants who are already legal residents in Portugal.

President Marcelo Rebelo de Sousa responded by sending the bill back to parliament, which is on recess until September. Previously, the president was criticised for asking the court to check the document for potential constitutional infringements, leading it to rule that the bill was a “violation of the rights enshrined in the constitution” as it was “likely to lead to the separation of family members” of foreign citizens legally resident in Portugal.

If the bill had been incorporated into law, only highly-skilled workers and investors with special residence permits would be exempt from waiting for two years before requesting permission to have immediate family members join them.

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View of the Portuguese parliament in Lisbon, Portugal, November 29, 2023. REUTERS/Pedro Nunes/File Photo

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The bill would have made hundreds of thousands of migrants legally resident in Portugal wait for two years before they could request permission for immediate family members to join them. Only highly-skilled workers and investors with special residence permits would be exempt.

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The court ruled that the bill was “likely to lead to the separation of family members” of foreign citizens legally resident in Portugal, which it said would be a “violation of the rights enshrined in the constitution”.

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Last year, the government scrapped a programme that allowed migrants entering Portugal on a tourist visa or waiver to stay and get residence permits if they find work.

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