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.




Frequently Asked Questions

Automatically Created

What provisions of the Portuguese Nationality Law were declared unconstitutional?
The provisions declared unconstitutional include the automatic refusal of nationality based on a criminal conviction with a two-year prison sentence, vague opposition to nationality based on undefined behaviors, exclusion of nationality consolidation in cases of manifest fraud, and stricter requirements for pending applications.
What changes to the Nationality Law were upheld by the Constitutional Court?
The court upheld the introduction of longer residence periods for naturalisation, the repeal of counting residence time from the date the residence permit was requested, and the absence of a specific transitional regime for pending residence procedures.
What is the next step after the Constitutional Court's decision on the Nationality Law?
The draft law must return to Parliament for revision and a new vote, after which it will be resubmitted to the President of the Republic for review. The legislative timeline remains uncertain.
How does the Constitutional Court's ruling affect Golden Visa holders?
Golden Visa holders should consider Permanent Residency after five years as a strategic step, as it preserves full legal residence status within the EU and allows for the possibility of applying for Portuguese citizenship later.
Is Portugal still an attractive option for residency-by-investment despite the changes?
Yes, Portugal continues to offer one of the most attractive residency-by-investment programs in the EU, with the possibility of citizenship, and administrative timelines are gradually improving.