Portugal's New Nationality Law Paused for Court Review

Portugal’s new nationality law has been temporarily paused. The legislation, passed in late October 2025, aimed to extend the residency requirement for citizenship from 5 years to up to 10 years. But after pushback from lawmakers and legal experts, the country’s Constitutional Court is now reviewing the changes. A final ruling is expected by mid-December 2025.

The pause means the law is not yet in effect. For now, the current five-year rule still applies to those seeking Portuguese citizenship.

If you're considering Portuguese citizenship or already on a residency track, now is the time to understand how this legal pause may impact your plans. Talk to a citizenship consultant about the Portuguese Golden Visa  to review your timeline and stay ahead of any potential changes.

What Is in Portugal’s New Nationality Law?

The proposed law includes two major changes:

1. Longer residency requirement:

   • 10 years for most non-EU citizens

   • 7 years for EU and CPLP nationals (Portuguese-speaking countries)

     
     

2. New start date for citizenship clock:

   Under current law, the five-year residency count starts when a person applies for a residence permit. The new law proposes that the count begins only once the residence permit is approved. Since permit approvals can take 2–3 years, this would delay eligibility.

If both changes are implemented, many residents would need to wait 9–13 years before applying for citizenship.

Why the Court Is Reviewing the Law

Soon after the vote, Portugal’s Socialist Party, along with a group of lawmakers, formally requested a constitutional review of the new nationality law. They argued that key provisions could conflict with fundamental legal principles.

• Legal fairness: The proposal introduces different residency timelines based on nationality, which may violate the principle of equal treatment under the law.

• Legal certainty: By changing the point at which residency time is counted—from application submission to permit approval—the law could retroactively harm applicants who acted in good faith under existing rules.

These concerns were echoed by constitutional scholars and the Portuguese Bar Association. The Constitutional Court is now assessing whether the law aligns with the country’s constitution and legal framework.

What Happens During a Constitutional Review?

This is a preventive constitutional review, which means the law cannot take effect until the Court completes its assessment. The goal is to determine whether any part of the proposed legislation conflicts with the Constitution before it is enacted.

The Court has 25 consecutive days from November 19, 2025, to issue its ruling. This makes it one of the faster legal review mechanisms in Portugal. A final decision is expected by mid-December 2025.

During this review period, the existing nationality law remains fully in force. Applicants can still apply for citizenship after five years of legal residence, following the current rules and procedures. No changes can be implemented until the Court delivers its judgment.

Why Portugal Introduced the Changes

Portugal has emerged as a leading destination for both expats and international investors. Its appeal lies in a combination of high living standards, strong public safety, and a comparatively affordable cost of living. Residency pathways such as the D7 visa, digital nomad visa, and the Golden Visa have attracted a significant number of long-term residents in recent years.

Between 2019 and 2024, the foreign resident population in Portugal nearly tripled, now accounting for approximately 15% of the total population. Lawmakers and public officials have noted that this rapid demographic shift has contributed to rising pressure on housing markets, healthcare, and other public services.

In addition to infrastructure concerns, questions have been raised about the accessibility of citizenship. Official data from 2024 shows that around 50,000 individuals acquired Portuguese nationality, yet only 15,000 of them currently reside in the country. Policymakers argue that this disconnect points to a need for stronger long-term residency commitments before granting citizenship rights.

These considerations formed the basis for the proposed reforms under Portugal’s new nationality law, aimed at ensuring a more stable, residence-based path to citizenship.

Impact on Golden Visa and Other Residents

The pause in Portugal’s new nationality law has left many residents and applicants in a state of legal uncertainty. Those applying through the Portugal Golden Visa or other long-term residency routes now face critical questions about their eligibility timelines and whether the proposed changes will apply to them retroactively.

Delays in application decisions, hesitation around property investment, and disrupted relocation plans are now common across the board. The lack of immediate legal clarity is not just a procedural issue—it directly affects the ability to plan long-term residency, citizenship, and investment strategies.

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.

Three Possible Outcomes of the Court’s Decision

Portugal’s Constitutional Court will issue a binding ruling on the proposed nationality law by mid-December 2025.

There are three main legal outcomes:

1. Full Approval: The Court may uphold the law in its entirety. If that happens, the extended residency requirements—seven to ten years—will come into force, along with the rule that resets the citizenship clock to the date a residence permit is issued. This will significantly lengthen the path to citizenship for new and some current applicants.

2. Partial Approval: The Court may require specific revisions before allowing the law to proceed. This could include removing the retroactive clock reset provision while keeping the longer residency terms. Transitional measures may also be mandated to protect applicants already in process.

3. Full Rejection: If the Court finds the amendments unconstitutional, the proposal will be invalidated. The current five-year rule would remain in place, and any future reform would require a new draft that complies with constitutional standards.

This decision will set a legal precedent and define the naturalization process in Portugal for the foreseeable future.

What Should Applicants Do Now?

With the law temporarily paused and a court decision pending, applicants should take proactive steps to stay prepared.

• Monitor official updates from the Constitutional Court and immigration authorities. The legal landscape could shift quickly once the ruling is issued.

• Continue your residency process as normal. The five-year rule remains valid until and unless a new law is enforced.

• Prepare for multiple legal outcomes. If the new law is approved, application timelines may change, and transitional rules could apply only to those already in the system.

• Organize and update all relevant documents, including proof of residency, tax compliance, and other required records. Being prepared ensures you can act quickly once a final decision is made.

If you're planning to apply for citizenship or already in the process, now is the time to clarify your legal standing. Speak with a citizenship advisor to evaluate your position under current law and prepare for whatever the Court's ruling may bring.

FAQs About Portugal’s New Nationality Law

1. Is the five-year rule still valid right now?

Yes. The current law remains unchanged while the Constitutional Court conducts its review. Applicants can still apply for citizenship after five years of legal residency.

2. When will the Constitutional Court issue its decision?

A ruling is expected by mid-December 2025. Until then, the new law cannot take effect.

3. If I already live in Portugal, will the new law affect me?

It’s uncertain. If the law is approved, transitional rules may determine whether current residents are subject to the new requirements or protected under the existing five-year timeline.

4. What kind of delay could the new law create for residency time?

Under the proposed change, your path to citizenship would begin only after your residence permit is officially granted—not when you submit your application. Since permit approvals often take 2 to 3 years, this shift could delay your eligibility by several years, even if you’ve already been living in Portugal during that time.

5. What is the CPLP, and why does it matter?

CPLP stands for the Community of Portuguese Language Countries. Under the proposed law, citizens of CPLP nations would qualify for citizenship after 7 years, instead of 10.

6. What’s the smartest way to prepare right now?

Make sure your documents are in order, your residency history is well-documented, and your timeline is accurate. If you're unsure about your eligibility or next steps, seek professional legal advice to avoid delays later.

Conclusion

Portugal’s proposed nationality law has introduced a period of uncertainty for residents, investors, and applicants navigating the country’s path to citizenship. The law seeks to extend residency requirements and alter how time is counted toward naturalization, raising legal and procedural concerns that are now under formal review by the Constitutional Court.

While the review process temporarily pauses the law’s implementation, it does not impact ongoing residency or citizenship applications under the current five-year rule. Until the Court issues its decision—expected by mid-December 2025—the existing framework remains fully in effect.

This moment underscores the importance of staying informed, organized, and proactive. For those already residing in Portugal or considering relocation, understanding how future changes could affect your timeline is essential.

If you’re planning to apply for Portuguese citizenship or already in the process, now is the time to clarify your position. Speak with a citizenship advisor to ensure you’re prepared for all possible outcomes and align your residency strategy with your long-term goals.

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