Portugal’s Constitutional Court has delivered its decision on proposed amendments to the Nationality Law, including changes that affect how residency time is calculated for citizenship applications by Golden Visa holders.
While the ruling clarifies key constitutional points, it does not bring the process to a close, as the final outcome will depend on further debate and revision in Parliament.
The Court found that several elements of the proposed legislation were unconstitutional and must be amended before any changes can be implemented.
Among its conclusions, the Court confirmed that counting the qualifying residency period from the date a residence permit is issued is constitutionally acceptable.
It also upheld the principle that new rules may be applied prospectively, provided applications already submitted continue to be assessed under the law that was in force at the time of filing. This ensures that pending cases are not subject to retroactive changes.
However, four of the seven provisions examined were declared unconstitutional, requiring the draft law to be sent back to Parliament for revision. Until that legislative process is completed, the current framework remains in place, including the existing five-year timeline for citizenship eligibility.
Paul Stannard, Chairman and Founder of Portugal Pathways and the Portugal Investment Owners Club, said the decision should be understood as guidance rather than a definitive resolution.
He explained: “This ruling provides constitutional clarity, but it does not yet provide certainty.
“It explains how the Court views constitutional questions, not how the political process will ultimately resolve the real-world issues faced by some families — particularly those who applied before 2024 and have waited far too long due to administrative delays outside their control.”
Legal analysts have noted that the Court did not consider questions of fairness, the impact of administrative delays at SEF/AIMA, or the broader economic and reputational consequences for Portugal. Instead, its assessment was limited strictly to whether the proposals complied with constitutional requirements.
Mafalda Martins, founder and immigration partner at Legal Latin Advisors in Lisbon, said the Court’s reasoning was based on assumptions that do not reflect the situation faced by many investors.
She explained: “The Constitutional Court based its reasoning and argumentation on the premise that, with the actions of the task force created by the government for AIMA, applicants were no longer penalised by any delays.
.jpg)
“This situation does not correspond to reality, as scheduling for the collection of biometric data cannot be confused with the analysis of cases and the subsequent issuance of residence permits.
“AIMA did indeed schedule most investors, but the files, even those from 2021, are still pending analysis and the respective residence permits have not been issued. In other words, the delay that existed in January 2024 continues to exist with regard to the files from 2021 to 2024.”
Pedro Delgado Alves, a Socialist Party politician, has suggested that the decree “will fall” following the ruling, adding: “We should now focus on finding good and better solutions for the Nationality Law.”
The issue now returns to Parliament, where further political negotiations are expected. While transitional or mitigating measures could still be introduced, there is no guarantee they will be adopted.
In the meantime, uncertainty continues for thousands of Golden Visa investors, many of whom have faced lengthy administrative delays through no fault of their own.
About Portugal Pathways
Portugal Pathways has supported hundreds of Golden Visa residency-by-investment applications and provides expert guidance through its professional supply chain network on estate planning, wealth management, Golden Visa and tax optimisation, including post-NHR / IFICI tax regime planning, as well as private healthcare, money transfers and bespoke relocation and luxury real estate solutions to enhance life and investment in Portugal
Disclaimer: The information on the Portugal Pathways and Portugal Investment Owners Club (P Club for short) websites and in email communications is for general informational purposes only and should not be construed as legal, tax, or financial advice. You should consult and check with a qualified professional advisor before relying on any information provided on this website or in email communications. As it relates to investments in Golden Visas or other wealth management solutions offered by regulated and professional advisors, it is important to note that past performance is no guarantee of future returns. Private equities can be highly illiquid and come with risk and should always be under professional independent advice. Golden Visa investments need to be held for 6 to 7 years to allow for permanent citizenship/passport in the EU.
Secure EU Residency Through Portugal’s Golden Visa By Investment
Gain visa-free travel, family inclusion, and a secure path to EU citizenship
.jpg)
Maximise your wealth, tax status, property & life in Portugal
Talk to our expert team, so that we can offer personalised support to meet your specific needs.
