Golden Visa Portugal: The Citizenship Law Changes That Almost Happened
Portugal’s citizenship pathway experienced its most turbulent year in decades during 2025, as proposed reforms sparked constitutional challenges and left thousands of residents in limbo. Here’s what happened, where we stand now, and what to expect in 2026.
Contents
Background: Portugal’s Open Door Era (2013-2024)
June 23, 2025: The Government’s Proposal
July-September 2025: Parliamentary Debate
October 28, 2025: Parliamentary Approval
November 13, 2025: Socialist Party’s Constitutional Challenge
December 16, 2025: Constitutional Court Ruling
Where We Stand Now (Late December 2025)
Strategic Implications for Prospective Applicants
Conclusion: Constitutional Safeguards Work
Background: Portugal’s Open Door Era (2013-2024)
For over a decade, Portugal maintained one of Europe’s most accessible citizenship frameworks. The country required just five years of legal residency for most applicants to qualify for naturalization, positioning itself as a welcoming destination for immigrants, investors, and diaspora communities.
This openness was intentional. Portugal created multiple pathways to citizenship, including special routes for descendants of Sephardic Jews and simplified processes for Portuguese-speaking country (CPLP) nationals. The Golden Visa program, launched in 2012, promised investors a path to citizenship after five years, attracting billions in foreign investment.
June 23, 2025: The Government’s Proposal
The first major development came when Portugal’s Council of Ministers approved a comprehensive reform package. Minister of the Presidency António Leitão Amaro announced four draft bills that would fundamentally reshape the country’s approach to citizenship.
The key proposals included:
- Doubled residency requirements: From 5 years to 10 years for most applicants, and 7 years for EU/CPLP nationals
- Changed counting method: Residency would start counting from when a residence permit is issued, not when the application is submitted
- New integration requirements: Mandatory Portuguese language testing and civic knowledge exams
- Criminal record restrictions: Automatic denial of citizenship for anyone convicted of crimes punishable by two or more years in prison
- End of special pathways: Termination of the extraordinary scheme for descendants of Sephardic Jews
- Nationality revocation: New provisions allowing citizenship to be stripped from naturalized citizens convicted of serious crimes
The government framed these changes as creating “regulated and humanist immigration” with stronger requirements for “effective belonging to the national community.”
July-September 2025: Parliamentary Debate
The proposals didn’t move quickly through Parliament. Instead of an immediate vote, the legislation was sent to a specialized committee for thorough review. This allowed parliamentary experts to assess legal and constitutional compliance.
The Parliament extended discussions until the third week of September, enabling expert hearings and specialist consultations. Constitutional scholars immediately raised red flags about several provisions, particularly the absence of any transitional protections for current applicants.
October 28, 2025: Parliamentary Approval
After months of debate and last-minute proposals from various parties, Parliament voted to approve the amended Nationality Law. The vote passed with a significant margin exceeding the two-thirds threshold.
However, the approved version maintained the most controversial elements that legal experts had warned about. The law still doubled the residency requirement, changed the counting method, and included provisions for automatic citizenship denial based on criminal convictions.
November 13, 2025: Socialist Party’s Constitutional Challenge
Just two weeks after parliamentary approval, the Socialist Party (PS) took an extraordinary step. Using a rarely invoked constitutional mechanism that had only been used twice since 1983, PS submitted the Nationality Law directly to the Constitutional Court for preventive review.
This bypassed the President entirely, halting the law before it could be enacted. The PS argued that several provisions violated fundamental constitutional principles:
- Equality before the law
- Proportionality in restrictions of fundamental rights
- Protection of legitimate expectations
- Legal certainty
- Prohibition of automatic effects of criminal convictions
December 16, 2025: Constitutional Court Ruling
In a landmark decision, Portugal’s Constitutional Court declared multiple provisions unconstitutional, identifying fundamental violations of core constitutional principles. The ruling effectively blocked the entire legislative package from entering into force.
Constitutional Principles Violated:
The Court’s decision focused on structural constitutional issues particularly sensitive in nationality matters:
- Legal certainty and foreseeability: The proposed rules affecting long-term personal status failed to provide adequate predictability for applicants who had already begun the residency process
- Proportionality: The amendments imposed effects that were not adequately balanced against their stated objectives, creating disproportionate hardship
- Protection of legitimate expectations: The Court emphasized this principle, consistently upheld in Portuguese jurisprudence involving residence, nationality, and acquired legal positions
The Court noted that nationality law occupies a particularly sensitive constitutional space, as it directly affects individuals’ civil status and long-term integration, requiring heightened scrutiny.
The Critical Ruling on Residence Counting:
Most significantly, the Constitutional Court ruled unconstitutional the provision that would have required nationality applications to be assessed by reference to the date of issuance of the residence permit, rather than the date of submission of the nationality application.
The Court determined this approach constituted a violation of the principle of protection of legitimate expectations, inherent in the rule of law principle enshrined in Article 2 of the Portuguese Constitution. Such a change would frustrate the legitimate expectations of applicants with pending procedures under the legal regime applicable when their application was filed.
Immediate Legal Consequences:
From a procedural standpoint, the Court’s decisions mean the amendments cannot enter into force as proposed by Parliament. The current nationality legal framework remains fully in force, with no immediate changes applying as a result of these decisions.
Where We Stand Now (Late December 2025)
The proposed changes are not law. Because the Constitutional Court identified multiple grounds of unconstitutionality, the legislative process has entered a new phase as provided for under the Portuguese Constitution.
Next Institutional Steps:
The President of the Republic is expected to return the law to Parliament. Parliament may then reconsider the text, introduce amendments, or abandon the proposal altogether. This represents the normal and effective functioning of Portugal’s constitutional system.
Current Status for All Applicants:
- The existing five-year naturalization requirement remains fully in effect
- Citizenship applications submitted under current rules continue processing under the five-year framework
- The residency-to-citizenship pathway remains 5 years for most applicants, 3 years for CPLP nationals with special ties
- Golden Visa holders can still apply for citizenship after 5 years of legal residence
- Permanent residency remains available after 5 years regardless of future citizenship changes
For Golden Visa Investors Specifically:
The implications are clear and reassuring:
- No changes apply to ongoing or future Golden Visa residence rights
- Nationality continues to be assessed at the relevant stage of each investor’s timeline, based on the law in force at that time
- The Constitutional Court’s decisions reinforce the stability of the legal framework, confirming that significant changes are subject to constitutional limits and institutional checks
From an investor-protection perspective, this outcome strengthens legal certainty rather than undermining it.
Processing Improvements:
Despite the legal uncertainty, there’s positive news on the administrative front. AIMA has begun clearing backlogs, with most primary Golden Visa applicants who submitted applications between 2022-2025 receiving biometrics appointments scheduled for the first half of 2026.
What to Expect in 2026
The path forward remains uncertain but follows predictable institutional steps.
Timeline Considerations:
- Parliamentary suspension: Parliament suspended work on December 19 and will only resume on January 7, 2026
- Minority government dynamics: The Government operates under a minority parliamentary configuration, meaning any revised proposal will likely require additional political alignments
- Continued debate: The party that initiated the constitutional review has signaled openness to further debate, suggesting the process is unlikely to be swift
- Presidential role: The new President (to be elected in January 2026) will play a key role in the next phase
In practical terms, nationality law reform is expected to remain under discussion for some time. Any revised proposal will be subject to renewed constitutional, political, and public scrutiny.
What This Process Demonstrates:
The preventive constitutional review mechanism exists precisely to ensure that fundamental legal changes—particularly in areas such as nationality—comply with constitutional standards before producing legal effects. This mechanism operates independently of political cycles and provides an additional layer of protection for individuals affected by such legislation.
Realistic Expectations:
At this stage, it would be premature to anticipate the final shape of any future amendments. What can be stated with confidence is:
- Renewed scrutiny required: Any revised proposal will face fresh constitutional, political, and public examination
- Constitutional limits confirmed: Sudden or retroactive changes are unlikely, given the constitutional principles already affirmed by the Court
- Extended timeline probable: Given parliamentary recess, minority government dynamics, and the need to address multiple constitutional issues, reforms are unlikely before late Q1 or Q2 2026
- Moderate approach more likely: Parliament will need to find a constitutional path forward that balances integration objectives with protection of legitimate expectations
Strategic Implications for Prospective Applicants
For Those Approaching Eligibility:
If you’re nearing five years of legal residence, submitting a complete citizenship application under current rules provides the strongest protection. The Constitutional Court has affirmed that applications filed under existing law should be processed under that regime, protecting legitimate expectations.
For Golden Visa Investors:
Continue to plan on the basis of the existing legal framework currently in force. The permanent residency pathway (available after 5 years) remains unaffected by proposed nationality law changes and provides a practical bridge, ensuring long-term status in Portugal while citizenship timelines remain in flux.
Investors should remain informed as discussions evolve, recognizing that nationality matters are ultimately assessed under the law applicable at the relevant time.
For New Applicants:
Starting the residency process now means beginning your clock under current rules. The Constitutional Court’s decision reinforces that the state cannot arbitrarily change the rules for people who have already structured their lives around existing law.
Conclusion: Constitutional Safeguards Work
Portugal’s 2025 nationality law saga demonstrates that constitutional protections matter. When the government moved too aggressively to restrict citizenship access without protecting legitimate expectations, the Constitutional Court intervened decisively.
The Court’s message was clear: while the state can establish requirements for nationality, it cannot do so in ways that violate fundamental constitutional principles of legal certainty, proportionality, and protection of legitimate expectations. Nationality law occupies a sensitive constitutional space that requires heightened scrutiny precisely because it affects individuals’ civil status and long-term integration.
For the thousands of residents and investors waiting in limbo, this provides meaningful reassurance. Portugal’s legal system has demonstrated its commitment to balancing the government’s desire for stricter integration requirements against the fundamental rights of individuals who have acted in good faith under existing law.
The preventive constitutional review mechanism worked exactly as designed, catching constitutional violations before they could produce harmful effects. This institutional safeguard operates independently of political cycles, providing a critical layer of protection for affected individuals.
The final 2026 legislation will likely reflect this balance—potentially tighter than the current framework, but not as restrictive as the October 2025 version attempted, and certainly with adequate protections for those already in the system. Until then, the current five-year pathway remains in full effect, offering a secure window for those who act under present rules.
What remains certain is that any future changes will be subject to the same rigorous constitutional scrutiny, ensuring that Portugal’s approach to nationality continues to respect both its integration objectives and its constitutional commitments to fairness and legal certainty.
