Why the Nationality Law Is Under Review
The decision to freeze Portugal’s nationality amendments stems from constitutional concerns raised by lawmakers and legal experts. Under the current law, naturalization is possible after five years of legal residence, with time counted from the application date. The proposed reforms would extend the timeline to seven years for EU and CPLP nationals and ten years for all others, and would measure residence from the issuance of the first permit. Critics argue that these changes might infringe on constitutional rights by imposing unequal waiting periods and retroactive rules. The Socialist Party gathered the necessary number of deputies to request a preventive review, which halts the law until the Constitutional Court delivers its judgement.
Preventive review differs from other forms of constitutional oversight in that it occurs before a law takes effect. The Court will analyze the text in the abstract and either approve it, strike down specific articles or declare the entire law unconstitutional. If the Court finds issues, Parliament may need to amend the text, and the President could then decide whether to promulgate or again refer it for review. This process ensures that new legislation aligns with constitutional principles before it impacts residents and investors.
Lessons from Previous Reviews and Immigration Reforms
Portugal has used preventive reviews sparingly. In July 2025, the President submitted amendments to the Immigration Law to the Constitutional Court because of concerns about restrictions on family reunification, vague criteria for job-seeker visas, and limited appeal mechanisms for administrative decisions. The Court had 15 days to deliver its opinion. Such reviews demonstrate that Portugal’s institutional framework allows for thorough scrutiny of migration policies. They also illustrate that reforms often evolve through dialogue between legislators, the executive, and the judiciary.
Other European countries offer useful comparisons. Spain requires ten years of residence for naturalization (with exceptions for some Latin American nationals) and does not allow dual citizenship. France and Italy require five to ten years depending on the applicant’s circumstances. Portugal’s current five-year standard is among the shortest in the region, which helps explain why the country has attracted a large number of foreign residents. Any move to lengthen the timeline would bring Portugal closer to European norms but could also diminish its relative attractiveness unless balanced by other incentives.
Implications for Residents and Investors
For existing Golden Visa holders and other long-term residents, the Constitutional Court’s review means continuity in the short term: all applications continue to be processed under the five-year rule, and people who reach eligibility may apply for citizenship without delay. For individuals contemplating entry, the current pause highlights an opportunity to secure a European residence under familiar conditions. By submitting an application under the existing law, applicants can insulate themselves from potential legislative changes and begin accruing residency time immediately. This is particularly important given processing backlogs at AIMA, where it can take years to obtain residence cards.
At the same time, the broader appeal of Portugal remains undiminished. The country offers political stability, a moderate climate, a rich cultural heritage and a welcoming social environment. In addition, a number of tax incentives (such as the non-habitual resident regime) can reduce personal taxation on foreign-sourced income, making Portugal a strategic choice for professionals and retirees alike. New investors benefit not only from the possibility of future citizenship but also from the immediate lifestyle advantages that come with residency in one of Europe’s safest and most liveable nations.
Beyond the timeline, the nationality reform proposal contained other noteworthy elements that may still shape future debates. The legislation would tighten jus soli provisions for children born in Portugal, requiring at least one parent to have five years of legal residency. It would add language and cultural-knowledge requirements for grandchildren of Portuguese citizens seeking nationality. Applicants for citizenship through marriage or partnership would need to prove a clean criminal record and absence of security risks. All applicants would be required to demonstrate financial self-sufficiency. The proposal also foresees ending a historical pathway for descendants of Sephardic Jews. These aspects underscore that the debate over Portuguese nationality extends well beyond the Golden Visa.
Practical Recommendations for Navigating Uncertainty
- Stay informed about procedural deadlines – The Constitutional Court is expected to deliver its decision by mid-December 2025. Follow updates from official government sources and reputable news outlets.
- Consult qualified advisers – Immigration and legal professionals can provide guidance tailored to individual circumstances, particularly regarding documentation and timing of applications.
- Prepare for potential transitional provisions – If the Court requires amendments, legislators may include transitional clauses to protect applicants who have already filed or invested. Understanding how these clauses might apply can inform strategic decisions.
- Evaluate alternative residency routes – Depending on personal and financial goals, other visas such as the D7 (for passive income holders), D8 (digital nomad visa), or standard work visas may offer more predictable timelines with similar benefits.
- Consider long-term plans – Decisions about investing, relocating, or seeking citizenship should align with broader lifestyle, family, and investment objectives. The potential extension of the naturalization timeline does not negate the broader advantages of living in Portugal, including political stability, quality of life and access to the European single market.
In addition to these points, potential applicants may wish to act now to lock in the current rules. Beginning the investment and application process under the existing framework increases the likelihood of being covered by transitional provisions should the law change. Prospective investors should therefore perform due diligence on qualifying investment options and evaluate how the Golden Visa fits with personal and financial goals.
Looking Ahead
The Constitutional Court’s forthcoming decision will set the course for Portugal’s nationality framework. Regardless of the outcome, the process highlights the robustness of the country’s legal system and its commitment to balancing openness with constitutional safeguards. For residents and investors, the key is to remain proactive: maintain compliance, prepare documentation, seek reliable advice, and align immigration strategies with personal goals.
To assist with understanding the evolving situation, Holborn Assets will host a webinar entitled “Portugal Golden Visa: Everything You Need to Know” on December 4, 2025.
During this session, Jason Swan, Senior Partner at Holborn Assets and one of Portugal’s leading Golden Visa specialists, will explain the latest legislative developments, discuss updated investment routes and AIMA processing updates, and answer participant questions. The webinar will also cover family inclusion requirements and strategies for navigating potential delays.
Secure your place here: Register Here
