Portugal has experienced a significant development as the Socialist Party (PS) has formally requested a preventive constitutional review of the newly approved Nationality Law.
This uncommon step immediately freezes the entire law. It cannot be signed by the President, it cannot be published, and it cannot take effect until the Constitutional Court completes its assessment. For now, everything remains on hold.
Why This Matters for International Residents and Investors
The suspension is particularly important for international residents, including those who have made investments in Portugal through the Golden Visa residency-by-investment programme.
One of the most debated elements of the proposed law was a change that would alter how the timeline toward Portuguese citizenship is calculated.
Under the newer framework, the five-year citizenship clock would pause during administrative delays at AIMA.
Because residency applicants—especially investors—often experience long waiting periods for approvals, renewals, and biometric appointments, this shift could have extended citizenship timelines to up to 10 years.
With the law now suspended, this proposed change is also paused. The existing rules continue to apply, and the five-year residency requirement remains the operative standard.
For individuals and families who have planned around clear timelines, nothing has changed for the moment.
A Rare Political Intervention with Broader Implications
Preventive constitutional review is not commonly used in Portugal, which makes this decision particularly noteworthy.
The move suggests that concerns around fairness, legal certainty, and the protection of those already in the residency pipeline have resonated across political lines.
It reflects a broader hesitation to allow major adjustments to nationality law to proceed without deeper scrutiny, especially changes with meaningful consequences for long-term residents and investors who have structured their lives, businesses, and finances around predictable rules.
This pause also creates space for more public discussion. Legal experts, civil society groups, immigration specialists, and affected residents now have an opportunity to contribute more visibly to the debate.
The Constitutional Court’s review will help determine whether any elements of the law clash with constitutional principles such as proportionality, equality, and the safeguarding of legitimate expectations.
Paul Stannard, Chairman and Founder of Portugal Pathways and the Portugal Investment Owners Club, is supportive of this news:
“This is very positive, and an indication that pressure is going to continue to build on the government and the other parties to put forward a more sensible and fair nationality law.”
“This follows a new report from the World Digital Foundation that indicated the €9 billion invested from Golden Visa applicants has created an additional 30,000 jobs and €54 billion in wider economic benefit to Portugal.”
What Happens Next
The Constitutional Court will now analyse the legislation, a process that may take anywhere from several days to a few weeks.
During this time, every part of the law remains inactive. None of the proposed revisions can be implemented until the Court delivers its ruling.
Where Things Stand for Now
At this stage, Portugal’s nationality framework remains unchanged. The five-year pathway to citizenship continues to apply exactly as it did before, and the proposed alterations remain fully suspended.
As the judicial review unfolds, further clarity will emerge. We will continue to monitor developments closely to ensure international residents, investors, and those already in the process receive clear, accurate, and timely updates.
1What does it mean that Portugal’s new Nationality Law has been sent for preventive constitutional review?
It means the Socialist Party has formally asked the Constitutional Court to examine the law before it is enacted. This request immediately freezes the entire law — it cannot be signed by the President, published, or put into effect until the Court completes its review.
Is the new Portuguese Nationality Law currently in force?
No. The law is completely suspended. None of the approved changes can take effect while the Constitutional Court is reviewing it.
Does the nationality law suspension affect the five-year residency requirement for Portuguese citizenship?
Yes. The existing five-year rule remains fully in force. The proposed change that would pause the clock during AIMA delays is also suspended and cannot take effect while the Constitutional Court is reviewing it.
How does the nationality law suspension impact Golden Visa investors applying for Portuguese citizenship?
Golden Visa investors continue under the current rules. Their five-year pathway to citizenship remains exactly the same while the law is under constitutional review.
What was the controversial change in the new Nationality Law?
The most debated change would have paused the five-year citizenship clock during administrative delays at AIMA. Given the long processing times—especially for investors—this could have extended many people’s citizenship timelines to up to 8–10 years.
How long will the Constitutional Court take to review the nationality law?
There is no exact deadline, but preventive constitutional reviews usually take from several days to a few weeks. During this period, the entire law remains inactive.
Why did the Socialist Party request a constitutional review of a law that had already passed?
The request reflects concerns about fairness, legal certainty, and protecting residents already in the system. There is cross-party hesitation about allowing major changes to nationality rules without deeper constitutional scrutiny.
What happens to citizenship applications already submitted to AIMA?
All existing applications continue under the current rules. Timelines and eligibility criteria remain unchanged, and applicants are protected from any not-yet-enacted changes.
Could the Constitutional Court strike down parts of the new nationality law?
Yes. The Court may approve the law in full, require changes to specific articles, or declare certain provisions unconstitutional. Only after its ruling can the legislative process move forward.
What should international residents and investors do while the review is ongoing?
Continue under the existing legal framework. No new rules apply, and the five-year path to citizenship remains the operative standard while the nationality law is under Constitutional Court review. Further updates will depend on the Constitutional Court’s ruling.
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.
