Portugal’s Nationality Law: Constitutional Review and What It Means for Golden Visa Investors
If you are wondering what is happening with Portugal’s nationality law, you are not alone.
As many of you will know, Parliament recently approved amendments extending the timeline for naturalisation (citizenship) from five years of legal residence to ten years. However, the situation has taken another turn.
The opposition Socialist Party has invoked a preventive constitutional review, referring the approved legislation directly to the Constitutional Court. Interestingly, they bypassed the President in doing so.
At the time of writing, no formal decision has yet been published. However, credible rumours are circulating within legal and political circles that may influence the final shape of the law.
This article sets out what is currently expected — while being absolutely clear that these points remain unconfirmed.
Important Disclaimer: These Are Expectations, Not Confirmed Outcomes
Before going further, it is essential to stress:
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None of the developments discussed below are confirmed.
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These are informed expectations within legal and legislative circles.
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The final outcome is not yet known.
The purpose of this update is to provide you with the most current information available, not to present speculation as fact.
1. Constitutional Court Decision Expected Around 15 December
The approved amendments are currently under review by Portugal’s Constitutional Court.
A ruling is widely expected to be published on or around 15 December. (This update is being provided on 12 December, slightly ahead of that anticipated date.)
The Court’s decision will determine:
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Whether the amendments can proceed as drafted, or
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Whether elements of the bill must be revised due to constitutional concerns
This ruling will significantly shape what happens next.
2. Rumours of Multiple Unconstitutional Elements
There is increasing speculation that the Constitutional Court may identify several unconstitutional provisions within the draft law.
If this happens, the bill would be returned to Parliament for revision.
This is where the political dynamics become particularly interesting.
If the Bill Is Returned: A Two-Thirds Majority Would Be Required
Should the Court send the bill back for amendment, any revised version would require a two-thirds parliamentary majority (66%) to pass.
This is critical.
It would mean the governing coalition would require support from the opposition Socialist Party in order to move forward.
The Socialist Party has consistently opposed key aspects of the proposed reform.
The Socialist Party’s Position
The Socialists have publicly signalled two positions particularly relevant to Golden Visa investors and other non-EU applicants:
1. Preference for Shorter Timelines
They favour shorter naturalisation timelines than the proposed ten years.
It is widely expected they would advocate for:
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Six or seven years, rather than ten.
2. Counting Residence from Application Date
Historically, the Socialist Party has supported:
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Counting residence time from the date of application submission,
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Rather than from the date of issuance of the first residence permit.
This distinction is extremely important for Golden Visa applicants who have experienced administrative delays.
If these two positions are maintained and become part of a negotiated compromise, the final law could differ materially from the version originally approved by Parliament.
An Alternative Scenario: The Bill Could Be Scrapped
There is another possibility under discussion.
Rather than amending the current bill, the government could:
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Withdraw it entirely, and
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Draft a completely new proposal.
If that were to occur, only a simple majority (more than 50%) would be required to pass the new legislation.
This would eliminate the need for Socialist Party support.
In theory, this would allow the governing coalition to push through its preferred framework without negotiation.
However, such a move could be perceived as heavy-handed or authoritarian, and therefore politically unpopular.
The content of any new draft is, of course, entirely unknown at this stage.
What Does This Mean for Golden Visa Investors?
At present, nothing has changed in the law.
The ten-year timeline has not taken effect.
The five-year framework remains in place.
The Constitutional Court’s upcoming ruling will clarify the next procedural steps, but even then, the matter may continue to evolve.
Given:
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The political divisions,
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The potential constitutional objections,
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The differing party positions,
there remains genuine uncertainty about the final shape of the amendments and whether the more restrictive elements will ultimately survive.
Time will tell.
Does this news make the Portugal Golden Visa more appealing to you?
If you would like to learn more about your own Portugal Golden Visa investment journey to a European citizenship, click the button below for a free consultation with a Residency & Citizenship by Investment specialist.
