On Friday August 8, the Constitutional Court announced it blocked several provisions of the proposed Foreigner´s law, namely of the family reunification topics.

The President of Portugal immediately after, vetoed the law, which will again go back to the Government and then to Parliament, but in a different shape considering the provisions that were blocked.

The law was proposed by the Government and approved in July by the Portuguese Parliament, with the favourable position of AD, the centre-right block that supports the Government and by the far-right party Chega, was forward by the President to the Constitutional Court.

One of the blocked provisions was the proposal that family reunification would be limited to children who have legally entered Portugal. The proposal was that only after two years the reunification could be applied to other family members.

It was also blocked the provision that the Portuguese Immigration Agency (AIMA), would have 27 months for taking a decision.

On a positive tone for the Golden Visa investors, the Court didn´t raised any flag for this visa holders to have a privileged treatment against other visas, like the working visa. In fact, the proposed law has specifically stated the Golden Visa holders would keep the family reunification rights, namely including spouse or partner, children who are not married or working and the applicant parents and parents in law.

Finally, in our opinion this ruling might introduce moderation to the Parliament in the upcoming discussion of the Citizenship Law which is scheduled for September. In order to have a broader majority of support, including the centre-left wing Socialist Party, and avoid having the opposition of the President, the right-wing majority might soften the residency requirements to apply for the nationality, eventually limiting the increase from 5 to 7 years and starting from the date of the application.

We also think that Friday´s ruling might pave the way for a future more positive discrimination for the Golden Visa holders and for the introduction of other elements in the Golden Visa Program that will made it more attractive and competitive compared with other E.U. countries alternatives.