Portugal’s Nationality Law suspended with constitutional review on the cards

Changes to Portugal’s Nationality Law have been put on ice after Portugal opposition Socialist Party (PS) demanded a constitutional review.

The law had been approved by a vote in the Portuguese parliament on October 28 and dispatched to the Portuguese President Marcelo Rebelo de Sousa for approval.

The PS intervention means that the new law is effectively frozen and has to go back to the Constitutional Court for “preventative review”.

The suspension is particularly worrying for international residents, including those who have made investments in Portugal through the Golden Visa residency-by-investment programme.

One of the most discussed and controversial aspects of the proposed New Nationality Law was a change that would alter the timeline on how Portuguese citizenship is awarded.

It extends the minimum legal residence period from naturalization for most non-EU (and non CPLP) applicants from five years to 10 years, counting from the date the residence permit is issued.

And it would extend the period for those who applications have been held up due to lengthy delays in processing at Portugal’s AIMA (Agency for Integration, Migration and Asylum).

With the new law on ice, the proposed change is also on hold and the existing five-year rule continues in force.

“Preventive constitutional review is not commonly used in Portugal, which makes this decision particularly noteworthy”, says Paul Stannard of relocation and investment advisory, Portugal Pathways.

According to the residency by investment experts, “the move suggests that concerns around fairness, legal certainty, and the protection of those already in the residency pipeline have resonated across political lines”, he says.

“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”, Paul adds.

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. He said: “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 €9Bn invested from Golden Visa applicants has created an additional 30,000 jobs and €54Bn in wider economic benefit to Portugal.”