Portugal’s Citizenship Law Reform 2025: Constitutional Issues

Portugal’s 2025 citizenship proposal would extend naturalization timelines, alter application rules, and potentially hurt Golden Visa holders. Explore the constitutional concerns, legal analysis, and what might happen next.

1. What is Proposed in Portugal's New Citizenship / Nationality Law

Element	Current Rule	Proposed Change
Residency period before applying for naturalization	Usually, 5 years for most foreign residents. Reuters	Would be extended to 10 years for most; 7 years only for nationals of Portuguese-speaking countries. Reuters
Start date for counting residency	From the date of application for naturalization.	Proposed to start only from the date when the residence card is issued, excluding the period between application and issuance.
Application of new rules to pending / past applications	Existing rules apply to applications submitted under the earlier law.	Draft law suggests that applications submitted after June 19, 2025, could be subject to stricter rules, even if expectations were set under old rules.
Family reunification rights	More liberal / shorter waiting times for bringing in relatives under the current law.	Proposals include longer waiting periods (notably a two-year residence requirement) before legal residents can apply to bring family members; slower judicial protection; and stricter rules.
Loss of nationality for naturalized citizens	More limited conditions.	Stricter conditions, including the possibility of revoking citizenship for serious crimes. Reuters

2. Key Constitutional Concerns Raised by Experts

Legal scholars, including Jorge Miranda (often called “father of the Portuguese Constitution”) and Rui Tavares Lanceiro, along with opinion reports (e.g., Liberty Legal), have identified several constitutional issues:

• Violation of constitutional principles: Equality, proportionality, universality, and human dignity are among the constitutional values they believe would be undermined.

• Retroactivity & legitimate expectation: Applying stricter rules (longer residency, counting period starting later) to applications submitted after June 19, 2025, or beyond, could violate the principle that laws should not retroactively limit rights or alter expectations that individuals had under prior law.

• Dependence on administrative efficiency: Changing when the clock starts (from card issuance rather than application) ties a candidate’s eligibility to bureaucratic delays, which may be beyond the applicant’s control—raising fairness issues.

• Lack of transitional provisions: Investors and applicants who made decisions under the existing law may lose out, unless there are explicit transitional protections.

• Family reunification delays & judicial access: Proposals to delay family reunification and reduce access to urgent judicial protection conflict with constitutional guarantees of family rights and legal protection.

3. Impacts for Golden Visa Holders & Foreign Residents

Affected Group	Potential Negative Impacts
Current Golden Visa Holders who planned citizenship under the 5-year path	Must possibly wait much longer; investment plans and life plans may be disrupted.
Applicants who have applied but have not yet received a residence card	Under the proposal, their residency “clock” might start not from their application date but only after card issuance, → reduces the effective time they’ve accrued.
People who base family reunification plans on the current law	Delay or rejection of family reunification; separation of families; increased waiting times.
Future applicants	Much longer, uncertain timelines; more stringent criteria; less legal certainty.

4. Legal Protections & Transitional Provisions

• Protection of existing rights: Legal opinions argue that people who applied under the old law had “acquired rights” or “legitimate expectations.” These are legal doctrines that could protect those applicants.

• Transitional periods: Some proposed amendments may include transitional measures, so those who submitted under the old law might be grandfathered in or otherwise protected. As of writing, there's a discussion but no finalized text.

• Constitutional oversight: The Constitutional Court in Portugal has already struck down or blocked some provisions, especially those affecting family reunification.

5. Recent Developments & What’s Next

• The government’s draft law was proposed after the general election (election held 18 May 2025), draft was introduced on 23 June 2025.

  
  

• Constitutional Court has blocked some provisions restricting family reunification and other rights.

• Parliamentary debates have stretched out; amendments have been pushed back. Some proposals have been modified or are under pressure to be modified.

• Some promises from the government include ensuring that the new law respects constitutional limits, the lack of loss of nationality in unconstitutional ways, etc.

6. Summary & Recommendations

Key Takeaways

• Portugal is proposing stricter naturalization rules: a longer residency requirement, changed timing for when residency counts, and additional conditions.

• Constitutional experts argue several proposals violate Portuguese constitutional guarantees: equality, human dignity, non-retroactivity, fairness, and legal certainty.

• Golden Visa holders and applicants face potential disruption if these changes pass without proper transitional measures.

• Some provisions have already been struck down or modified following judicial or presidential oversight.

What You Should Do If You’re Affected / Considering Portugal

1. Act quickly if you meet the current requirements under the existing law: apply now rather than later.

2. Seek legal advice to determine whether your application qualifies under old law protections (legitimate expectation, etc.).

3. Monitor legislative progress: watch for finalized text, transitional clauses, and constitutional court decisions.

4. Keep all documentation—application dates, residence card issuance, all correspondences—because timelines and rights may depend on them.

Conclusion

Portugal’s proposed citizenship law reforms have significant constitutional implications. While some changes may help align immigration policy with political priorities, they may also run afoul of constitutional protections for fairness, equality, legal certainty, and family unity.

Those with Golden Visas, or who plan to apply, need to stay alert. The outcome of these reforms will shape the future of naturalization and the credibility of Portugal’s Golden Visa program.