In short: there is a widespread belief that the immigration rules have already changed. They have not. The decree has been before the Constitutional Court since 7 August, has not been promulgated or published, and Law No. 23/2007 as currently worded continues to apply. This note separates what is in force from what is still a draft, and says what to do meanwhile.
Where the instrument stands
On 7 August 2026 the President of the Republic asked the Constitutional Court for prior review of the parliamentary decree amending the regimes on the reception of foreign nationals and stateless persons, on entry, stay, departure and removal from national territory and on the granting of asylum. The list of judgments published by the Court ends, as at this note, with Judgment No. 732/2026 of 21 August, and includes no decision in prior review; the legislative activity page of the Presidency likewise records no promulgation, veto or return. Ref.: request of the President of the Republic of 07/08/2026 (Parliamentary Decree No. 105/XVII).
The deadline, and what happens next
Article 278(8) of the Constitution gives the Court 25 days to rule, running from 7 August. If it finds any provision unconstitutional, the President must veto and return the instrument to Parliament, which may remove the provision or confirm it by a two-thirds majority; absent such a finding, the instrument proceeds to promulgation. In any scenario, between the decision and entry into force there is still publication and a vacatio period — this is not a matter of days.
What continues to apply today
Until the decree is promulgated and published, Law No. 23/2007 of 4 July, as currently worded, applies in full. This means that the proposed changes on administrative detention, coercive removal, the effect of challenges to decisions unfavourable to applicants for protection and the routes to regularisation are not applicable. Pending applications and ongoing proceedings are governed by the law in force at the material time.
What did change in August
Two things, and neither is the blocked decree. Law No. 47/2026 of 17 August regulates the procedure for recognition of statelessness status and entrusts it to AIMA, entering into force on 1 September: opening the procedure grants an immediate provisional residence permit, valid for six months and renewable until final decision, with access to health, education, employment and training, and suspends proceedings for unlawful entry or stay. And AIMA issued two operational instructions, on 13 and 14 August, on paper residence cards in the Renewals Portal and on the documents required from family members of Union citizens. Ref.: Law No. 47/2026, Official Gazette No. 158/2026, Series I.
Nationality: the regulation the Government did not publish
Constitutional Law No. 1/2026 of 18 May gave the Government 90 days to revise the Portuguese Nationality Regulation, approved by Decree-Law No. 237-A/2006. That deadline expired in mid-August and the consolidated version made available by the Official Gazette still records as its most recent amendment Constitutional Court Judgment No. 522/2025 of 23 July 2025. The 2006 regulation therefore remains in force, out of step with the new requirements on residence periods, knowledge of the language and of the constitutional order, and grounds for refusal — creating uncertainty as to the forms and supporting documents demanded at the counter.
What to do meanwhile
Three simple things. First, do not anticipate the new regime in decisions with consequences, whether by postponing an application or by preparing it under rules that do not yet exist. Second, keep documentary proof of the filing date of each application — that date fixes the applicable law and, on nationality, it is arguable that the Government failure to meet the deadline cannot be held against applicants in pending cases. Third, follow publication closely, as it may occur at any moment in the coming days.
This note is provided for information purposes only and does not constitute legal advice. For an analysis of your specific situation, please contact us.