The new Aliens Act still has no effect: Constitutional Court yet to rule
The request for prior review was filed by the President of the Republic on 7 August 2026 and concerns the parliamentary decree amending the regimes on the reception of foreign nationals or stateless persons, on entry, stay, departure and removal from national territory and on the granting of asylum. The list of the most recent judgments published by the Constitutional Court ends, as at this edition, with Judgment No. 732/2026 of 21 August, and includes no decision in prior review proceedings; the legislative activity page of the Presidency likewise records no promulgation, veto or return. The time limit under Article 278(8) of the Constitution is 25 days, running from 07/08. Until there is a ruling, the decree cannot be promulgated or published, and the regime of Law No. 23/2007 of 4 July, as currently in force, continues to apply in full. The proposed changes on administrative detention, coercive removal and the effect of challenges to decisions unfavourable to applicants for protection are not, for now, applicable. Ref.: request of the President of the Republic to the Constitutional Court, 07/08/2026 (Parliamentary Decree No. 105/XVII); list of Constitutional Court judgments, last entry Judgment No. 732/2026 of 21/08/2026.
Statelessness status: procedure regulated and entrusted to AIMA, in force from 1 September
Law No. 47/2026 of 17 August regulates the procedure for recognition of statelessness status in compliance with Article 6 of Law No. 41/2023 of 10 August, and assigns investigative and procedural competence to AIMA, I.P. The procedure starts on the application of the person concerned, orally or in writing, at the head office or any branch, or of the authority own motion, and its opening grants the applicant a provisional residence permit issued immediately, valid for six months and renewable until final decision, along with free interpretation, information and legal assistance, access to health, education, employment and training and the right to work. Its institution suspends, until decision, any administrative procedure or criminal proceedings for unlawful entry or stay of the applicant and accompanying family members, with dismissal in the event of recognition. The examination period is six months, extendable to nine in cases of particular complexity. Judicial challenge lies before the administrative courts within fifteen days, with suspensive effect; the procedure is free of charge and urgent. Recognition confers a temporary residence permit of two years, renewable, and a travel document for stateless persons. Ref.: Law No. 47/2026, Official Gazette No. 158/2026, Series I, of 17/08/2026 (in force from 01/09/2026).
Nationality Regulation: the deadline given to the Government expired in August and the instrument is still unpublished
Constitutional Law No. 1/2026 of 18 May, which amended and republished the Nationality Act, required the Government to make the necessary amendments to the Portuguese Nationality Regulation, approved by Decree-Law No. 237-A/2006 of 14 December, within 90 days of publication — a deadline that expired in mid-August 2026. The consolidated version of Decree-Law No. 237-A/2006 made available by the Official Gazette shows as its most recent amendment Constitutional Court Judgment No. 522/2025 of 23 July 2025, recording no instrument from 2026. The 2006 Regulation therefore remains in force as currently worded, out of step with the new statutory requirements on residence periods, knowledge of the language and of the constitutional order, and grounds for refusal. So long as the implementing instrument is not published, it is arguable that the Government failure to meet the deadline cannot be held against applicants in pending cases. Anyone preparing or awaiting a naturalisation application should keep documentary proof of the filing date. Ref.: Constitutional Law No. 1/2026, Official Gazette No. 95/2026, Series I, of 18/05/2026; consolidated version of Decree-Law No. 237-A/2006, last amendment recorded on 23/07/2025.
AIMA issues instructions on paper residence cards and on documents for family members of Union citizens
On 13 August, AIMA issued an instruction addressed to European Union nationals and to family members holding third-country nationality who still hold residence cards in paper form, clarifying that, when entering the card number in the Renewals Portal, the first leading zero must be omitted — in the agency own example, a card numbered 011641 is entered as 11641, a rule applying only to paper cards. The following day, 14 August, it published a notice on the documents required from third-country nationals applying as family members of Union citizens: where the link is evidenced by a marriage certificate, this must have been issued six months or less before the appointment, be signed and on letterhead, or a valid access code must be provided, failing which the application will not be accepted for want of an essential document. Applications concerning minors require proof of the family link, of legal representation and, where applicable, of the attribution and exercise of parental responsibilities. Birth certificates do not expire up to the age of 16, being valid for 12 months from issue thereafter, and all documents must be certified and legalised. Ref.: AIMA notices of 13/08/2026 and 14/08/2026.
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