Portugal Nationality Law Ruling: Golden Visa Residence Counting Protected & Investor Rights Upheld

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A significant constitutional development occurred yesterday that directly impacts the stability and predictability of Portugal’s immigration landscape.

The Portuguese Constitutional Court (Tribunal Constitucional) issued a landmark ruling (Acórdão 1133/2025) declaring five key provisions of the proposed Nationality Law reform unconstitutional. This preventive review—requested by the Socialist Party before the law could enter into force—has blocked several restrictive measures that would have negatively affected foreign residents and citizenship applicants.

For Golden Visa (ARI) holders, D-Visa residents, and those on the path to Portuguese citizenship, this ruling provides crucial reassurance about legal certainty and the limits of legislative change.

| The Golden Portugal

The Constitutional Framework: Why This Matters

The Court reaffirmed a fundamental principle: access to Portuguese nationality is a constitutional right (Article 26 of the Portuguese Constitution), not a discretionary political favor.

This means:

  • Parliament cannot change nationality rules arbitrarily
  • Any restrictions must respect proportionality, legal certainty, and legitimate expectations
  • Administrative delays or political shifts cannot be retroactively imposed on applicants who acted in good faith

This is Portugal’s constitutional system functioning as designed—providing institutional checks against legislative overreach.

The Five Unconstitutional Provisions

1. Automatic Criminal Disqualification Blocked

What Was Proposed: Anyone sentenced to more than 2 years in prison would be automatically barred from citizenship, regardless of:

  • Whether the sentence was suspended
  • How long ago the conviction occurred
  • Evidence of rehabilitation
  • Actual integration into Portuguese society

The Ruling: Unanimously rejected as a “disproportionate restriction” that violates the principle that criminal penalties should not automatically trigger loss of civil rights.

Why It Matters: Nationality decisions must allow for individual assessment. There can be no blanket bans without case-by-case evaluation.

2. Vague “Integration” Tests Rejected

What Was Proposed: Citizenship could be opposed based on:

behaviors that, in a conclusive and ostensive manner, reject adherence to the national community, its representative institutions and national symbols

The Ruling: Found unconstitutional by all but one judge due to:

  • Excessive vagueness and subjectivity
  • Risk of punishing political opinions or expression
  • Violation of the constitutional prohibition on loss of nationality for political reasons

Why It Matters: Nationality cannot depend on ideological conformity or symbolic loyalty. Portugal’s Constitution protects freedom of thought and expression.

3. No “Inherited” Fraud Penalties

What Was Proposed: Citizenship could be permanently blocked—even after many years—if the original acquisition involved fraud, even when the current holder (such as children or spouses) acted in good faith.

The Ruling: Rejected. The Court found this would unjustly punish innocent family members.

Why It Matters: Fraud cannot be inherited. Good faith holders, particularly children, are constitutionally protected.

4. Vague Fraud Distinctions Clarified

What Was Proposed: A distinction between “manifest fraud” and ordinary fraud in citizenship revocation cases, without clear criteria.

The Ruling: Rejected for lack of determinacy. Laws must be clear enough for people to know their legal status.

Why It Matters: Legal certainty requires precise definitions. Arbitrary or ambiguous rules violate fundamental constitutional principles.

5. Retroactive Application of the Law

What Was Proposed: Immediate implementation of stricter rules with no transition period for pending citizenship applications.

The Ruling: Found unconstitutional as a violation of the principle of legitimate expectations (princípio da proteção da confiança).

Why It Matters: People who structured their lives and made applications based on existing law cannot have the rules changed retroactively. Major legal changes require fair transition mechanisms.

Critical Point: The Residence Time Calculation

Important Update for Golden Visa (ARI) Holders:

The Constitutional Court held that the proposal to revoke Article 15(4), which establishes that the starting date for the calculation of the residence period in Portugal is the date on which the application for a residence permit is submitted, is unconstitutional.

This rule operates in favour of legitimate applicants, who should not be placed at the mercy of the administration’s processing time. Any administrative inaction cannot lawfully prejudice the acquisition of citizenship rights. Moreover, the revocation of this provision could adversely affect applicants who have already completed the required period of residence under the existing rule, thereby frustrating their legitimate expectations.

The Court also noted, however, that the legislature could have replaced the revoked rule with a fair and proportionate alternative, such as counting the residence period from the date on which the administration becomes legally obliged to decide, or from the expiry of the statutory deadline for a decision. In light of this reasoning, Golden Visa applicants may remain reassured. At present, the starting date continues to be the date on which the initial application fee is paid. Even in a worst-case scenario, should Parliament enact a new rule consistent with the Court’s guidance, the starting date would likely be no later than 90 days thereafter.

Important Notice

Please be informed that the approved increased residence periods—10 years for immigrants in general and 7 years for citizens of CPLP countries—were not subject to review by the Constitutional Court, nor was any transitional regime established for citizenship applications submitted after the law enters into force. Accordingly, Golden Visa applicants or holders who have not yet completed the current five-year residence period, or who have not yet filed an application for Portuguese citizenship, will be required to comply with the new residence requirements and wait until the applicable seven- or ten-year period has been completed before submitting their citizenship application.

Additional Measure: Stripping Citizenship via Criminal Sentencing

The Court also unanimously rejected a proposed Penal Code amendment that would have allowed judges to strip naturalized citizens of their Portuguese nationality as an additional punishment for certain crimes.

The Ruling: This violated principles of guilt, equality, and proportionality. The measure was deemed “unfit” and “arbitrary” for most listed crimes (with narrow exceptions for terrorism and crimes against the state).

What Happens Next?

Legislative Timeline:

  • 7 January 2026: Parliamentary sessions resume
  • Revised legislation: Parliament must draft amendments to comply with the Constitutional Court ruling and hold a new vote
  • Presidential review: The revised text must be sent again to the President of the Republic (who has previously indicated he would veto unconstitutional provisions)
  • Presidential elections: Scheduled for 18 January 2026, with a possible second round in February
  • Inauguration of the new president: planned for March 2026

Bottom Line: The legislative process will extend for several additional weeks or months. The exact timeline depends on political negotiations between the minority Government and Opposition parties. It is still unclear whether the new law will be approved by the current president or whether he will leave it to the next one. It is likely to come into force by the end of March 2026.

The Golden Portugal Strategic Analysis

For Golden Visa (ARI) Holders

  • Protected:
    • The constitutional court revoked the change to the starting date for calculating the residence period in Portugal. This means the starting date will continue to be the date on which the initial application fee is paid. In a worst-case scenario, the starting date would likely be no later than 90 days thereafter.
  • Monitor:
    • The revised law’s treatment of residence time calculation (application date vs. approval date)
    • Any transitional provisions in the amended legislation

For All Citizenship Applicants

  • Protected:
    • Constitutional rights to nationality cannot be overridden by political expediency
    • Legitimate expectations formed under current law are constitutionally protected
    • No automatic penalties without individual assessment
    • No ideological or political tests for citizenship

Comparative Perspective: Portugal vs. Global Market

This ruling demonstrates that:

  • Institutional checks work: Portugal’s constitutional system functions as designed, constraining arbitrary legislative changes
  • Rule of law prevails: Even in a political climate favoring restriction, constitutional principles provide meaningful protection
  • Mature democracy: Portugal continues to differentiate itself from jurisdictions where immigration law changes are implemented abruptly and retroactively

Our Commitment

We will continue to monitor:

  • Parliamentary revisions to the nationality law
  • Presidential review and potential veto
  • Implementation of any transitional provisions
  • Practical impact on pending citizenship applications

For clients with ongoing residence or citizenship processes, this ruling provides important constitutional guardrails. While details of the revised law remain to be seen, the Constitutional Court has set clear boundaries on what Parliament may and may not do.

If you have concerns about how this ruling may affect your specific situation—whether you are in the Golden Visa process, holding a D-Visa, or preparing for citizenship—please reach out to our team. We are closely tracking developments and can provide personalized guidance as the legislative process unfolds.

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