Portugal Citizenship Law Amendments

Proposed Changes to Portugal’s Citizenship Law

The Portuguese Parliament has approved amendments to the Nationality Law; however, these changes are not yet final. The bill must now be reviewed by the President of the Republic, who may either promulgate, veto, or refer it to the Constitutional Court for further consideration.

Please find below two legal assessments from our trusted partners, Prime Legal and VCA Law, outlining the proposed amendments, expected timelines, and potential implications for applicants.

Assessment by Prime Legal

After several postponements and multiple amendments, the new Portuguese Citizenship Law was approved today (28 October) by Parliament.

Below, we outline the main highlights for applicants pursuing citizenship through the residency route:

New Law	Current Law
(a) Applicants must be of legal age under Portuguese law.	(a) Be of legal age or emancipated under Portuguese law.
(b) Have legally resided in Portuguese territory for at least 7 years in the case of nationals of countries with Portuguese as an official language and citizens of EU Member States, or 10 years in the case of nationals of other countries.	(b) Have legally resided in Portuguese territory for at least 5 years.
(c) Demonstrate, through an exam or certificate, sufficient knowledge of the Portuguese language and culture, of the history, and of the national symbols.	c) Demonstrate sufficient knowledge of the Portuguese language.
(d) Demonstrate sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and of the political organisation of the Portuguese State.	(Non Existent)
(e) Formally declare their adherence to the fundamental principles of the democratic rule of law.	(Non Existent)
(f) Have not been convicted, by a final and binding judgment, to a prison sentence equal to or exceeding two years, for a crime punishable under Portuguese law.	(f) Have not been convicted, by a final and binding judgment, to a prison sentence equal to or exceeding three years, for a crime punishable under Portuguese law.
(g) Not constitute a danger or threat to national security or defence, namely through involvement in activities related to terrorism, violent crime, or highly organised criminality.	(g) Not constitute a danger or threat to national security or defence, namely through involvement in activities related to terrorism, violent crime, or highly organised criminality.
(h) Not be subject to restrictive measures imposed by the United Nations or the European Union.	(Non Existent)
(i) Have the capacity to ensure their own subsistence.	(Non Existent)

Counting of the Residency Period

The period of legal residence required for nationality purposes will now be counted from the date of issuance of the first residence permit, instead of being counted from the date of submission of the initial residence application

This change has significant implications for all current residence permit holders that have not yet filled the Citizenship Application, as it may extend the total qualifying period for nationality acquisition.

Regulation Period to the New Law

The regulation of this law shall be issued within 90 days from its publication.

Entry into Force and Transitional Regime

The New Law shall produce effects from the date of its entry into force.

However, administrative procedures pending at that time shall remain governed by the Current Law, and the approval of such applications shall depend on compliance, at the time of submission, with the requirements in force under the Current Law. In other words, pending and ongoing residence processes are not protected.

Amendment to the Criminal Code

An amendment to the Portuguese Criminal Code was also approved, creating a new ancillary penalty of loss of nationality in cases of conviction for serious crimes (details to be defined in regulation).

Legislative Procedure – What Happens Next

Although the law has been approved by the Parliament, the legislative process is not yet concluded.

The approved version will now be submitted to the President of the Republic, who will have 20 days to:

Promulgate the law, i.e., approve it;
Exercise a political veto, returning it to Parliament with a reasoned message; or
Request a preventive review of constitutionality from the Constitutional Court, should there be doubts about the law’s conformity with the Constitution.

If the President opts to refer it to the Constitutional Court, the Court must issue its decision within 25 days, if no urgency is requested.

Relevance and Legal Concerns

These amendments are of direct relevance to all individuals who have obtained Portuguese residence permits in recent years, or have their residency process (Golden Visa, for instance) on going, pending or recently submitted and who have not yet applied for citizenship.

The changes raise significant concerns within the legal and academic community. Many constitutional scholars and practitioners have already stated that the approved version may contain unconstitutional provisions, particularly due to the absence of a grandfathering or transitional clause.

Although a grandfather clause and transition period were proposed during parliamentary discussions, they were not included in the final version approved by the majority parties today.

Prime Legal’s Position

Prime Legal, in line with the broader legal community, maintains that citizenship acquisition is a fact of complex and successive production, and as such, the legitimate expectations of those with ongoing residence procedures must be legally protected.

We therefore expect that the President of the Republic will refer this new law to the Constitutional Court, as occurred in the case of previous amendments to the Family Reunification regime, in which the Court declared five out of seven articles unconstitutional, forcing the Government, and the opposition, to moderate it.

Next Steps and Client Guidance

We fully understand our Clients’ concern and disbelief in light of this legislative regression. Nonetheless, we kindly ask for patience and prudence during the coming weeks while awaiting the outcome of the President’s review and, most likely, the Constitutional Court’s deliberation.

Even if the law is promulgated as currently written, access to citizenship will remain possible, under the new requirements, through a legal mechanism that bridges the Golden Visa and the Citizenship application — the Permanent Residence by Investment – a five-year residence card that carries no additional residency or investment requirements, and preserves all rights and flexibility of the Golden Visa regime, with no negative impact on family reunification.

At the same time, we consider that legal grounds may exist to challenge the Portuguese State should the law enter into force in its current form. Prime Legal is already conducting a comprehensive legal assessment of this potential course of action, pending the finalisation of the legislative process.

Once the New Law is formally enacted and published, Prime Legal will organise a Client briefing session to provide detailed clarification and outline all available legal strategies.

Final Note

We would like to remind you that the current reform, although affecting all applicants transversally, has no aim in targeting Golden Visa applicants specifically, but rather at addressing irregular immigration that has occurred in recent years, resulting from the system’s excessive openness and flexibility and align the path to citizenship with the European trend.

At the same time, the Government has previously publicly committed to improving and streamlining the Golden Visa program through a separate legislative process. We are still awaiting further details and the release of this plan.

Until the new Citizenship Law is formally enacted and published, and since no immediate procedural action can be taken at this stage, we kindly ask for your understanding and patience while we monitor developments closely.

Assessment by VCA – Valadas Coriel & Associados

Client Update | 29 October 2025

Portuguese Nationality Law – Parliamentary Approval and Legal Implications

1.⁠ ⁠Current Status of the Bill
The Portuguese Parliament has approved amendments to the Nationality Law. The bill now awaits the President’s decision — promulgation, veto, or referral to the Constitutional Court. This is not yet definitive. Until publication in the Diário da República, the current regime fully applies.

Timelines: the President has 20 days to act; if sent to the Constitutional Court, it must be within 8 days, and the Court has up to 25 days to decide.

2.⁠ ⁠Key Legal Changes

⁠Residence period for naturalisation: increased from 5 years to 7 years (CPLP/EU) and 10 years (other nationals).
Counting rule: residence time now begins on the date of first residence permit issuance, not the application date.
⁠Integration requirement: in addition to Portuguese A2, applicants must show basic knowledge of Portuguese culture, symbols and civic structure (details pending regulation).
⁠Means and accommodation: applicants must prove independent financial means and adequate housing.
Conditional birthright (ius soli): longer pre-birth residence required for one parent.
Loss of nationality: allowed in specific cases (e.g. fraud), always by court decision.
⁠Non-consecutive residence: may be aggregated within a 10-year window (to be regulated).

3.⁠ ⁠Implementation and Pending Cases

The law will take effect only after promulgation and publication.

A regulation must follow within 90 days.
Pending citizenship applications remain under the current rules (no retroactive effect).
Pending residence cases are judged under the law in force at submission.
No general grandfathering clause was included.

4.⁠ ⁠Administrative Delays and Constitutional Review

Parliament acknowledged that the new counting rule may penalise those delayed by AIMA/SEF, especially Golden Visa and D7 investors.
Although no corrective clause was approved, this issue — tied to legitimate expectations and proportionality — is expected to be reviewed at the presidential and constitutional stages.

5.⁠ ⁠Permanent Residence – A Secure Alternative

Regardless of the outcome, Permanent Residence remains available after five years of legal residence.
It requires no additional investment, preserves key rights (including family reunification), and provides a stable bridge toward future citizenship once the new requirements are met

6.⁠ ⁠VCA’s Next Steps

Reviewing client timelines and residence histories;
Prioritising those nearing eligibility;
Preparing applications with proof of language, integration, means and housing;
Monitoring the President’s decision, Constitutional Court review, publication and regulation.

7.⁠ ⁠Final Note

There is ample time for calm planning. Even if enacted, the law will take effect only after the full constitutional and regulatory process.
Portugal remains stable and predictable, protecting residents’ rights and recognising dual nationality.

VCA will continue to issue clear and proactive updates, safeguarding the interests of clients potentially affected by administrative delays.
Valadas Coriel & Associados