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Portugal Citizenship, Constitutional Review & Golden Visa Strategy

Portugal Citizenship Law Change 2025: What the Constitutional Court Review Means for Golden Visa Investors

On 28 October 2025, the Portuguese Parliament approved a major reform to the Citizenship Law, extending the residence requirement for most applicants from five to ten years. But on 13 November, an extraordinary move by the Socialist Party (PS) sent the proposal straight to the Constitutional Court for a preventive review—freezing the law before it could take effect.

Updated: 14 November 2025. The situation is evolving. This guide explains what is on the table, what is suspended, and how it may affect Portugal Golden Visa investors.

Portuguese Parliament and Constitutional Court themes symbolising the 2025 nationality law reform and its impact on Golden Visa investors.
The 2025 Citizenship Law proposal is now frozen under a rare preventive review by Portugal’s Constitutional Court.

Overview: What Changed and Why the Law Was Frozen

After months of political debate, the Portuguese Parliament approved a reform to the Citizenship Law on 28 October 2025. The proposal would:

  • Extend the standard residence requirement for citizenship from 5 to 10 years for most applicants;
  • Introduce a 7-year track for CPLP nationals and EU citizens;
  • Add new requirements on civic knowledge, clean criminal record, and proof of sufficient means.

On 11 November, the decree was sent to the President for promulgation. But on 13 November, the Socialist Party (PS) invoked Article 278(4) of the Constitution and announced it would request a preventive review from the Constitutional Court.

This move is extremely rare—only the third time in over four decades of parliamentary history—and it immediately suspends the law. Until the Court rules, there is:

  • no presidential signature,
  • no publication,
  • no entry into force.

Result: for now, the current 5-year citizenship rule remains in force, even though a 10-year model has been approved at parliamentary level.

What Has Actually Been Approved by Parliament?

The text approved by Parliament reforms the naturalisation framework along several axes:

  • Residence requirement:
    • 10 years of legal residence for most applicants;
    • 7 years for CPLP nationals and EU citizens.
  • Counting from residence card issuance:
    • The qualifying period starts from the date of issuance of the first residence card, not the date of application.
  • New or reinforced requirements:
    • A2 Portuguese language level (unchanged);
    • a new civic knowledge test (culture, rights, duties, history);
    • formal declaration of adherence to democratic principles;
    • clean criminal record with a lower threshold (two-year sentence instead of three);
    • proof of sufficient means of subsistence;
    • no UN or EU sanctions.
  • Sephardic Jewish ancestry route is terminated in its former broad version.
  • New wording allows for loss of nationality in very serious criminal cases, to be detailed in secondary regulation.

Remember: this is the approved text, not yet the effective law—its entry into force now depends on the Constitutional Court’s decision.

Is the New Law in Force? How the Preventive Review Works

The short answer: no. The law is formally suspended for preventive review.

On 13 November, the Socialist Party (PS) announced it would use a rarely invoked tool: a preventive constitutional review of the Nationality Law under Article 278(4) of the Constitution. This:

  • blocks the President from signing the decree until the Court rules;
  • prevents publication and entry into force during the review;
  • keeps the current 5-year regime fully applicable.

The request from PS is expected to be formally filed in the week of 18 November. Once received, the Constitutional Court has up to 25 days to issue a ruling.

Until that happens, the “10-year citizenship” headlines are political, not operational. Naturalisation continues to be processed under the existing 5-year law.

What This Means for Golden Visa Holders (Now vs Later)

The key point for investors: the Golden Visa (ARI) is a residency program. The proposed reform affects citizenship, not residency rights.

  • The Golden Visa program itself remains in place.
  • Holders keep their ability to reside, renew, travel within Schengen and reunite with family, as long as they comply with standard rules.
  • The preventive review means that, for now, no new citizenship timeline applies. The five-year framework is still the reference.

If, after the Court’s ruling and presidential decision, the law enters into force as approved, then:

  • new Golden Visa-based citizenship applications would follow the 7- or 10-year rule, depending on nationality;
  • the timeline would be counted from the first residence card issuance date.

For now, the priority is to stabilise your residency status and have a clear strategy for five-, seven- and ten-year milestones. For a broader strategic view, see also our EU mobility & legacy citizenship analysis.

If You’ve Already Applied for Citizenship

If you have already filed a complete citizenship application under the current law, the expectation—based on public statements and legal practice—is that your case will continue under the existing 5-year rule.

In practical terms:

  • Completed files already submitted should stay under the current regime.
  • Future applications (filed after any new law comes into force) would follow the new 7- or 10-year timeline, if the reform is ultimately upheld.

The absence of a clear, written transition / grandfather clause is one of the main constitutional concerns and is likely to be at the heart of the Court’s review.

If You Have Not Yet Applied for Citizenship

While the law is suspended, the current 5-year rule remains valid. However, if the reform eventually comes into force as approved, you should plan for:

  • 10 years of residence (or 7 years for CPLP and EU nationals), counted from the first residence card issuance;
  • meeting the A2 language requirement, civic test, and the strengthened conduct & means criteria;
  • closer scrutiny on “real ties” and integration, especially for low-physical-stay investors.

For Golden Visa and fund investors, this doesn’t cancel the case for Portugal, but shifts it towards a longer-term mobility & backup-plan jurisdiction rather than a short “5-year passport” play.

Permanent Residency After 5 Years: Your Safety Net

One constant in this moving landscape: Permanent Residency (PR) after 5 years remains on the table and is now more strategically important than ever.

After five years of legal residence under the Golden Visa, you can generally choose between:

  1. Regular Permanent Residency (general regime)
    • Lower fees.
    • Typically requires evidence of effective residence.
    • Each family member has an independent PR card.
  2. Investment Permanent Residency (for Golden Visa holders)
    • Higher fees, but no strict full-time presence requirement.
    • Designed for international investors with limited physical stay.
    • Again, each family member receives an independent PR permit.

Under the investment PR route, the PR card is valid for about five years, renewable; A2 Portuguese is required, but there are no new investment obligations and no full-time residence requirement.

This can allow you to:

  • secure long-term Portuguese residency and EU mobility;
  • potentially liquidate your qualifying investment once PR is granted;
  • continue—if you wish—towards citizenship under the new timeline, if and when it is confirmed.

For a deeper dive on how regulated funds fit into a resilient long-term plan, see: “Secure Steps for Portugal Golden Visa Funds”.

Family Strategy: Age Limits & Independent Permits

Continuing indefinitely with Golden Visa (ARI) renewals keeps family members formally dependent on the main applicant.

If your children are approaching the program’s age limits, it may be prudent to consider PR at year five so that:

  • each family member holds an independent residence permit;
  • the risk of “ageing out” of the program is materially reduced;
  • children and spouses gain more flexibility for study, work and travel.

In a world where citizenship timelines may move to 7 or 10 years, structuring the family’s residency properly at year five becomes a core part of wealth and mobility planning, not a technical detail.

What Happens Next at the Constitutional Court?

The process now sits with the Constitutional Court (Tribunal Constitucional).

Once the PS request is formally submitted, there are two main paths:

  • The Court finds parts of the law unconstitutional
    • Parliament will need to amend or remove those provisions;
    • or reconfirm them by a two-thirds vote.
    • This would delay the reform and may force changes to transitional rules and timelines.
  • The Court upholds the law
    • The decree returns to the President, who can sign or veto it;
    • if signed, the new citizenship timelines would enter into force after publication.

Until the Court rules, the 5-year citizenship rule remains applicable for naturalisation. The reform itself was approved with 157 votes in favour (PSD, Chega, IL, CDS-PP, JPP) and 64 against (PS, Livre, PCP, BE, PAN).

In parallel, AIMA has accelerated the scheduling of biometric appointments for Golden Visa applicants who had been waiting since 2022-2025, many now being called for the first half of 2026. For now, dependants are often not yet being scheduled, and this is being monitored closely.

Our Take: How Serious Investors Should Position Themselves

This reform—if and when it comes into force—would align Portugal’s naturalisation timelines more closely with European averages. But it also introduces uncertainty for thousands of law-abiding residents and investors who acted under a five-year expectation.

For thoughtful Golden Visa and fund investors, we believe the right response is to:

  1. Anchor residency first: ensure your ARI and future PR position are robust before obsessing over citizenship headlines.
  2. Plan for multiple timelines: five-year PR, seven- or ten-year citizenship, and family milestones.
  3. Use regulated structures such as CMVM-supervised investment funds that remain viable across a longer horizon.

At Explorer Investments, we will continue to monitor the legislative and judicial process and its impact on residency-by-investment strategies. Once the Constitutional Court decision and any revised text are public, this analysis will be updated.

Disclaimer: This article is a general information resource and does not constitute legal, tax, or investment advice. For decisions on your specific case, you should consult your immigration lawyer and regulated advisors.

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