Portugal’s Constitutional Court struck down four of seven contested nationality law provisions today, yet upheld the ten-year citizenship timeline while leaving confusion over when residence counting begins and which applicants receive transitional protections.
President José João Abrantes delivered the ruling following two Socialist Party requests filed in November. Judges reached unanimity on three of the four nationality law provisions, according to RTP.
The court rejected automatic citizenship denial for criminal convictions exceeding two years, eliminated vaguely defined fraud language preventing nationality consolidation, struck down provisions allowing nationality cancellation for undefined “rejection of national community” behaviors, and invalidated rules that would assess pending applications under requirements at application submission rather than decision dates.
The court also struck down, by unanimous vote, a separate Penal Code decree that would have established loss of nationality as an accessory penalty for serious crimes.
Parliament approved the reforms on October 28 with 157 votes from PSD, Chega, IL, CDS-PP, and JPP against 64 opposing votes. The law extends naturalization timelines from five to ten years for non-EU, non-CPLP nationals. The 157-vote margin exceeds the two-thirds threshold permitting legislative confirmation despite constitutional court objections.
Golden Visa Impact Remains Unclear Pending Written Verdict
Golden Visa investors filed an amicus curiae brief in December, highlighting governmental delays and constitutional violations. While the court did not strike down the lack of grandfathering provisions for current residence holders, confusion persists over when residence time begins counting toward eligibility.
Multiple Portuguese outlets, including ECO and RTP, report conflicting interpretations of which provisions the court struck down, particularly regarding when residence time begins counting. More than 20,000 investors await appointments with Portugal’s Agency for Integration, Migration and Asylum (AIMA) extending into 2026, some waiting since 2021.
Parliament’s version formalizes that citizenship eligibility begins when AIMA issues residence permits rather than when applicants submit requests. Processing typically requires two to four years, potentially extending the effective timeline to 12-14 years if the court upheld this counting mechanism.
IMI will update this report following the release of the written verdict clarifying which applicants gain transitional protections and when residence counting begins.
