Portugal 2026: New Naturalization Rules — What Investors Should Know
Constitutional Court decision expected December 15, 2025
On October 28, 2025, Portugal’s Parliament approved sweeping changes to the Nationality Law. The final vote was 157 in favor and 64 against, with PSD, Chega, IL, CDS, and JPP supporting the reform, while PS, Livre, PCP, BE, and PAN voted against.
However, the law has not entered into force. On November 13, the Socialist Party (PS) triggered a rarely used mechanism — a preventive constitutional review under Article 278(4) of the Constitution. This is only the third time in the Parliament’s 42-year history. The request was formally filed on November 19, and the Constitutional Court must deliver its decision by December 15, 2025.
Until the Court rules, the current 5-year citizenship rule remains in force.
1. What Changes If the Law Takes Effect
Extended Residency Requirements:
- 10 years — for most applicants (up from 5)
- 7 years — for EU citizens and CPLP (Portuguese-speaking countries) nationals
- UK citizens post-Brexit are now treated as third-country nationals (10 years)
Changed Starting Point:
The clock now starts from the date the residence card is issued, not from the application date. Given AIMA processing times of 2–3 years, the effective path to citizenship could stretch to 12–13 years.
New Requirements:
- Portuguese language test (A2 level) — remains
- New civic knowledge test covering Portuguese culture, rights, duties, and history
- Sworn declaration affirming adherence to democratic principles
- Potential loss of citizenship for serious crimes (5+ year sentences) within 10 years of naturalization
2. Why the Law Is Being Challenged
Jorge Miranda, co-author of Portugal’s 1976 Constitution, prepared an 82-page opinion identifying two key provisions as potentially unconstitutional:
- Differential treatment by nationality (7 years for EU/CPLP vs 10 years for others) — potential violation of equality principles
- Retroactive change to the starting point (from application date to card issuance date) — violation of legal certainty and legitimate expectations
A group of Golden Visa investors also submitted an amicus curiae brief detailing the real-world impact on over 20,000 people waiting for AIMA decisions since 2021.
3. PESTLE Analysis
Political: The far-right Chega party played a pivotal role in passing the law. Minister António Leitão Amaro stated: “Today, Portugal becomes more Portugal. Today, we decide who our people are.”
Economic: Since 2012, the Golden Visa program has generated nearly €9 billion in investment. Foreign residents grew from 400,000 (2017) to 1.5 million (2024) — about 15% of the population.
Social: Over 50,000 foreigners received citizenship in 2024, but only ~15,000 actually reside in the country.
Technological: AIMA is clearing its backlog: 2022–2025 applicants are receiving biometric appointment invitations for H1 2026.
Legal: The Constitutional Court struck down several immigration law provisions in August 2025, setting a precedent for intervention.
Environmental: Since 2023, Golden Visa excludes direct residential property purchases in popular areas, shifting to funds and cultural heritage routes.
4. What Investors Should Do
Scenario A (Current GV holders): If approaching 5 years — apply for citizenship immediately. Consider switching to Permanent Residency (PR).
Scenario B (Planning to apply): Prepare documents now, but wait for the Constitutional Court decision (December 15) before committing. Consider alternative jurisdictions as Plan B.
Scenario C (Wait vs Act): “Prepare but don’t rush” — get documentation ready but don’t invest until clarity emerges.
5. Alternative Jurisdictions
Greece: From €250,000, citizenship in 7 years, no minimum stay requirements.
Malta (MPRP): From €169,000 (rental) or €375,000 (purchase), permanent residency.
Spain: Golden Visa closed April 3, 2025.
6. Critical Note
• Information current as of December 10, 2025. The Court’s decision may fundamentally change the situation.
• “Grandfathering” of current applicants is not guaranteed but is likely given Portuguese legal tradition.
• Any investment migration decisions require consultation with a immigration attorney.
Need a consultation on EU residency or citizenship structuring? Send us a direct message or call.
#Portugal #GoldenVisa #Citizenship #EU #ResidencyByInvestment #Liglex
Author by Lipatnikov Sergey
