Portugal’s Constitutional Court has declared several important parts of the country’s new citizenship (nationality) law unconstitutional, while not striking down the broader reform that would extend the time required to apply for citizenship for most foreign residents. The decision creates ongoing uncertainty about how the new rules will apply, especially for people with existing or pending applications.
Background: What Changed in the Law?
On October 28, 2025, Portugal’s Parliament approved a major reform to the nationality law.
The changes included:
- Doubling the normal naturalization period from 5 to 10 years for most non-EU, non-CPLP (Portuguese-speaking community) nationals; and
- Starting the residency clock only after a residence card is issued, not from when the application is filed.
However, the law was sent to the Constitutional Court for review after challenges were filed by the Socialist Party, which argued that some provisions violated the Constitution.
What the Court Struck Down
The Constitutional Court found four key provisions unconstitutional because they violated core principles of Portuguese law:
- Automatic denial of citizenship for people convicted of crimes with sentences of two years or more – the court said this was a disproportionate restriction on access to citizenship.
- Vague “fraud” language in the law that could prevent nationality consolidation for good-faith applicants – because the rule did not clearly define when it applied.
- A provision tying slow-down effects to residence permit issuance rather than rights at the time of filing – because changing the rules for people already waiting violated the “protection of trust” principle.
- Rules that would allow cancellation of nationality for undefined conduct against the national community – because the law did not explain what behavior this meant.
In addition, the court found a related change to the Penal Code allowing loss of nationality as an accessory penalty for serious crimes was also unconstitutional.
What Was Not Struck Down
Importantly, the Constitutional Court did not reject the nationality reform in its entirety. The ten-year citizenship timeline was not among the provisions reported as unconstitutional and therefore remains in the reform package approved by Parliament.
However, because the court found specific provisions unconstitutional, the amendments cannot be promulgated in their current form and must return to Parliament for revision. Only after the text is amended to comply with the court’s ruling can the legislative process move forward to promulgation.
What Remains Unclear
Portuguese media outlets, including ECO and RTP, have reported differing interpretations of which provisions the Constitutional Court struck down, particularly regarding when residence time begins counting toward citizenship eligibility. It remains uncertain whether the residency period is calculated from the date an application is submitted or from the moment AIMA issues a residence permit.
In addition, although Parliament’s version of the reform states that citizenship eligibility would begin when a residence permit is issued rather than when an application is submitted, the practical application of this rule remains unresolved. Until the Constitutional Court publishes its full written decision, there is no clear guidance on how the rule will apply to pending cases or whether transitional protections will be provided.
What It Means for Golden Visa Holders and Other Residents
Golden Visa investors and long-term residents have been watching these developments closely. A legal complaint was also filed by Golden Visa investors highlighting delays in processing and raising constitutional concerns.
Because the court raised constitutional concerns around the application of stricter counting rules to pending cases, people who have been waiting for years may benefit from protections under the previous system once the final decision is clarified. But until the full judgment is published and the law is updated in Parliament, there remains uncertainty about how exact timing and protections will be applied.
