Portugal’s Constitutional Court has delivered its decision on proposed amendments to the Nationality Law, including provisions that would alter how residency periods are calculated for citizenship applications linked to the Golden Visa programme. While the ruling offers guidance on constitutional boundaries, it does not bring the legislative process to a conclusion, as the final outcome now depends on further action by Parliament.
The Court found that several elements of the proposed changes do not comply with constitutional requirements and must therefore be revised before any new law can be implemented.
One key point clarified by the judges is that it is constitutionally acceptable to calculate the required residency period from the moment a residence permit is formally granted. The Court also stated that lawmakers may introduce rules that apply only going forward, as long as applications already submitted continue to be processed under the legal framework that was in place at the time of filing. This approach, the Court noted, avoids unlawful retroactive effects on pending cases.
However, four of the seven provisions examined were struck down, meaning the draft legislation must return to Parliament for redrafting. Until that process is completed and a revised version is approved, the existing rules remain unchanged — including the current five-year timeframe for eligibility for Portuguese citizenship.
Paul Stannard, Chairman and Founder of Portugal Pathways and the Portugal Investment Owners Club, said the decision should be understood as a legal interpretation rather than a definitive resolution. According to him, the ruling clarifies constitutional principles but does not address the broader uncertainty facing many families.
“This judgment explains how the Court interprets constitutional limits,” he said, “but it does not resolve the practical and political challenges affecting applicants — particularly those who applied before 2024 and have faced excessive delays that were entirely outside their control.”
Legal analysts have pointed out that the Court deliberately avoided examining questions related to fairness, administrative backlogs at SEF/AIMA, or the wider economic and reputational consequences for Portugal. Instead, its review focused strictly on constitutional legality.
Mafalda Martins, founder and immigration partner at Lisbon-based Legal Latin Advisors, noted that the Court’s reasoning rests on assumptions that do not align with the experience of many applicants. She explained that the judges appeared to rely on the idea that government task forces had eliminated delays at AIMA.
“In practice, this is not the case,” she said. “Scheduling biometric appointments is not the same as completing case assessments and issuing residence permits. While most investors were called in for biometrics, applications — including some submitted as far back as 2021 — are still awaiting substantive review and final approval. The delays that existed at the start of 2024 remain unresolved for files from 2021 through 2024.”
Pedro Delgado Alves, a member of the Socialist Party, suggested that the proposed decree is unlikely to survive in its current form, stating that attention should now shift toward developing more effective and balanced solutions for reforming the Nationality Law.
The issue will now return to Parliament, where further debate and negotiation are expected. While transitional or corrective measures could still be introduced, there is no certainty they will be adopted. In the meantime, thousands of Golden Visa investors remain in limbo, many after years of administrative delays for which they bear no responsibility.
