What was declared unconstitutional:

  • The automatic refusal of nationality based solely on a criminal conviction carrying a prison sentence of two years or more.
  • Vague provisions allowing opposition to or loss of nationality based on undefined “behaviours” allegedly rejecting Portuguese institutions or symbols.
  • The exclusion of nationality “consolidation” in cases of so-called “manifest fraud,” due to lack of legal certainty.
  • The application of stricter requirements to pending applications through an “interpretative” rule, for breaching the principle of legitimate expectations.


What was not declared unconstitutional:

  • The introduction of longer residence periods for naturalisation (7 or 10 years).
  • The repeal of the rule that counted residence time from the date the residence permit was requested.
  • The absence of a specific transitional regime for pending residence procedures.

What happens next?


As a result of this decision, the draft law must now return to Parliament for revision and a new vote and will then be resubmitted to the President of the Republic for review. The legislative timeline remains uncertain and may extend over the coming months.

Until a revised law is approved and enters into force, the current Nationality Law remains fully applicable.

Practical considerations for Golden Visa holders


In this evolving legal landscape, Golden Visa holders — and residence permit holders in general — should increasingly consider Permanent Residency after five years as a strategic step. Permanent residency is valid for five years and preserves full legal residence status within the European Union. At the end of that period, it remains possible to apply for Portuguese citizenship, subject to the rules in force at that time.


Despite longer timelines under discussion, Portugal continues to offer one of the most attractive residency-by-investment programmes in the EU, and one of the very few that still leads to citizenship, even if over a longer horizon. At the same time, administrative timelines are gradually improving, and when compared to previous years of significant backlog and institutional transition (SEF to AIMA), this represents a meaningful and positive shift in the practical functioning of the system.


Our team remains fully committed to closely monitoring all legislative developments, guiding clients through the available strategic options, and firmly defending our clients against any form of legal uncertainty or injustice. We will continue to accompany each step of this process with clarity, diligence, and precision.