Portugal Golden Visa Update: 10-Year Nationality Rule Now in Force
- Stephen James Mitchell
- Jan 4
- 7 min read
Following a Constitutional Court review in December 2025, key amendments to Portugal’s nationality law have now entered into effect. This includes the extension of the residency requirement for citizenship from five years to ten years, and a change to the point at which the residency clock begins—shifting from the date of application to the date of issuance of the first residency permit.
These changes have implications for current and prospective participants in Portugal’s Golden Visa program. While some provisions of the new legislation have been struck down by the court, the most material changes affecting investors remain in place and are now fully enforceable.
This article outlines which changes are active as of now, the transitional uncertainties that remain for those already in the process, and how this may influence long-term planning for international investors.
Want real-time updates on Portugal’s Golden Visa and nationality pathways? Contact Global Investments today for personalised guidance.
Summary of Proposed Changes to Portugal’s Nationality Law
In October 2025, the Portuguese Parliament voted to amend Law No. 37/81, which governs the acquisition of nationality by foreigners.
The proposed amendments focused on three main areas:
Extending the required period of legal residency to apply for Portuguese nationality from 5 years to 10 years
Changing how residency duration is calculated, with the timeline starting from the date the first residence permit is issued, rather than from the initial date of application
Introducing automatic loss of nationality upon conviction for serious crimes
These changes were introduced with the stated aim of addressing concerns around integration, equal treatment, and the growing number of foreign nationals obtaining citizenship without long-term residence or connection to Portugal.
A formal referral was made to the Constitutional Court for legal review, and the results were published in December 2025.
What Has Now Been Enacted
The Constitutional Court upheld two of the most impactful changes, and these are already in force:
1. 10-Year Legal Residency Requirement for Nationality
Effective immediately, the minimum period of legal residence required before a foreign national can apply for Portuguese citizenship is now 10 years. An exception applies for EU and CPLP (Community of Portuguese Language Countries) citizens, for whom the new threshold is 7 years.
This is a doubling of the previously established 5-year requirement, and it applies regardless of whether the residency was obtained via the Golden Visa route or another legal immigration channel.
2. Residency Clock Now Starts at Permit Issuance
Previously, the residency period began from the date of application for the initial residency permit. Under the revised law—now upheld by the Court—the start date is the date the first residency card is issued.
This change is especially significant given the administrative delays in processing Golden Visa applications. Many investors have experienced waiting periods of 18–36 months before receiving their initial permit. Under the new rule, none of that pre-issuance time counts toward nationality eligibility.
Together, these two changes mean that an investor who applied in 2022, received their permit in 2024, and resides continuously in Portugal would now only be eligible to apply for nationality in 2034, not 2027 as previously anticipated.
If you’re unsure how the proposed changes may affect your status or plans, now is the time to seek clarity. Talk to a citizenship consultant about the Portuguese Golden Visa to understand your position and plan your next steps with confidence.
What Was Struck Down by the Court
The Constitutional Court found four provisions of the amended nationality law to be unconstitutional.
These included:
Automatic loss of Portuguese nationality upon conviction for serious crimes.
Certain procedural aspects that were not in line with the Constitution’s guarantees on legal process and individual rights.
However, it is important to note that none of the reversals impacted the 10-year residency requirement or the new methodology for calculating residency duration. These two points—the most relevant for long-term residency and citizenship planning—remain fully valid and enforceable.
Legal Status of Applicants Already in the System
A central question for investors and advisors is whether the new rules will apply retroactively to individuals who entered the program under the previous legal framework, where a five-year path to nationality was clearly communicated.
At the time of writing, no transitional provisions or grandfathering clauses have been adopted by the Portuguese Parliament. This means that, as of now, the new 10-year rule and permit-issuance residency start date appear to apply across the board, including to applicants who:
Invested under the Golden Visa scheme several years ago
Have already obtained their residence cards
Were expecting to become eligible for citizenship based on the five-year rule
This situation has prompted concern and legal action from affected investors.
Legal Complaints from Golden Visa Holders
A number of Golden Visa residents in Portugal have initiated legal proceedings in response to the recent nationality law changes. Their position is that the revised framework alters the conditions under which their original investments were made, particularly in relation to the expected pathway and timeframe to apply for nationality.
The argument centres on the principle of legitimate expectation — the view that individuals who made investment and residency decisions based on the laws and obligations in force at the time should not be disadvantaged by retrospective changes introduced at a later stage.
Current legal challenges are focused on the fact that the revised provisions count residency only from the date of permit issuance and do not include transitional arrangements for applicants already in the system. Investors involved in these actions are seeking clarity on how the new requirements should apply to ongoing or historic residence processes.
What to Expect in January 2026
The legislation now returns to Parliament for revision, as it must be amended to remove the unconstitutional provisions identified by the Constitutional Court.
However, it is not yet known whether lawmakers will limit their focus to these technical corrections or take the opportunity to address broader concerns raised by stakeholders.
In particular, there is still no formal indication as to whether Parliament will consider:
Introducing transitional measures for individuals already in the system
Clarifying whether current residents may still apply for nationality after five years under the previous rule
Revisiting the residency timeline calculation, especially in light of multi-year administrative delays in processing initial residence permits
In terms of the immediate legislative process, several key developments are expected during January 2026:
Final Court Ruling: The Constitutional Court has 25 days to issue its formal ruling. This will confirm the enforceability of the remaining provisions, including the extended 10-year residency requirement and the new method for calculating residency.
Presidential Decision: Once the Court's ruling is published, the President will be required to either promulgate the revised law or return it to Parliament for further review. If the law is returned, Parliament may vote to override the veto.
Limited Legislative Activity Anticipated: At this stage, no new legislative session is scheduled. Parliamentary activity this month is expected to focus on responding to the Court’s decision and finalising the legal text where required, rather than reopening broader debate or initiating new votes.
As these processes unfold, further clarification may emerge regarding the application of the law to existing Golden Visa holders and long-term residents already in Portugal.
For now, the most impactful changes—namely the 10-year residency requirement and the revised residency clock—remain in effect. Investors should continue to monitor developments closely over the coming weeks.
Broader Impact on the Portugal Golden Visa Program
Portugal remains one of the most popular destinations globally for Golden Visa investors, due to its:
Visa-free access to the Schengen Zone
Stable political and legal environment
Quality of life and healthcare
NHR (Non-Habitual Residency) tax regime
However, this latest development may prompt some investors to re-evaluate their timeline expectations, particularly those who had intended to apply for nationality after five years.
In 2024 alone, Portugal recorded a 72% increase in Golden Visa approvals, with U.S. nationals leading new applications. This was despite the removal of real estate as an investment route and the program’s refocus on funds, research, and job-creating activities.
Portugal has so far attracted close to €9 billion in foreign direct investment through the Golden Visa program since its inception in 2012. Policymakers will need to weigh the program’s economic benefits against growing political scrutiny and local concerns about integration and housing pressures.
How Portugal Now Compares with Other EU Programs
With the 10-year nationality rule now in place, Portugal’s position among investment migration destinations has shifted.
A brief comparison:
Country | Citizenship Eligibility | Investment Route | Real Estate Option | Minimum Investment |
Portugal | 10 years (now in effect) | Funds, job creation, donations | ❌ No | €500,000+ |
Greece | 7 years | Real estate, funds, bonds | ✅ Yes | €250,000–€500,000 |
Spain | 10 years (ordinary residence) | — (Golden Visa program closed in 2025) | ❌ Not available for new applicants | —— |
Malta | No longer available via fast-track citizenship | Residency programs still exist | ✅ Yes (via residency) | Varies (citizenship-by-investment route ended following EU ruling in 2025) |
Portugal continues to offer a stable, EU-based pathway for investors seeking long-term residency and eventual citizenship. However, it is no longer one of the fastest options available.
Recommendations for Golden Visa Investors
For those currently in the Golden Visa process or considering an application, the following steps may help in navigating the recent changes effectively:
1. Review Your Individual Timeline
Check the date your residence permit was issued and reassess your expected eligibility for Portuguese nationality under the new rules. If your permit has not yet been issued, it is important to account for extended processing times, which currently range between two to four years.
2. Assess Your Eligibility and Next Steps
If your investment was made under the earlier five-year framework and your residency is already in place, it may be worthwhile to speak with a citizenship consultant. This is particularly relevant in light of the principle of legitimate expectation, which may apply to individuals who acted under the previous legal structure.
3. Monitor Parliamentary Developments
Parliament is expected to address further amendments to the nationality law this month, particularly in response to the Constitutional Court’s ruling. While several key provisions are already in force, other aspects—such as transitional measures—remain subject to clarification. Staying informed as official updates emerge will be important in the weeks ahead.
4. Consider Alternative EU Residency Options
If securing EU citizenship within a shorter timeframe is a key priority, it may be appropriate to explore alternative programs. Several programs offer different naturalization timelines, though each comes with its own set of investment requirements, residency obligations, and regulatory considerations.
Final Remarks on the Portugal Golden Visa and the New 10-Year Nationality Rule
Portugal’s nationality law reform marks a meaningful shift in the investment migration landscape. The 10-year residency requirement and the recalibration of the residency timeline are now legally in force and must be incorporated into any forward planning.
While some uncertainty remains for existing applicants, particularly around transitional protections, the framework for new applicants is now clear. Our team continues to monitor these developments closely and will provide timely updates as Parliament resumes its discussions in 2026.
For tailored advice based on your specific goals and circumstances, speak with a citizenship advisor to assess whether the Portuguese Golden Visa—or an alternative Citizenship or Residency by Investment program—best supports your long-term residency and citizenship objectives.
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