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Update: Impact of the New Nationality Law Changes on the Portuguese Golden Visa

  • Writer: Stephen James Mitchell
    Stephen James Mitchell
  • 3 days ago
  • 6 min read
The recent amendments made to the Portuguese Nationality Law have once again drawn public attention.

Portugal’s recent amendments to its Nationality Law have once again drawn public attention, following the Socialist Party’s (PS) decision to request a preventive review by the Constitutional Court. This uncommon move in Portugal’s political landscape has drawn immediate attention from investors, long-term residents, and thousands of Golden Visa applicants—many of whom are waiting for final confirmation on when their five-year naturalisation period officially begins.


Given the heightened interest surrounding how these developments may affect the Portuguese Golden Visa Law, it is essential to understand what this preventive mechanism is, why it exists, and why it ultimately strengthens the reliability and predictability of Portugal’s legal system.


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.


Understanding the Preventive Review: Why It Matters


A preventive review is a constitutional tool used to ensure that major laws—especially organic laws like the Nationality Law—fully comply with the Constitution before they are enacted. Instead of allowing potential constitutional issues to emerge later, this mechanism ensures a thorough review before the law enters into force.


This process prevents constitutional errors from becoming embedded in important legislation and promotes consistency with Portugal’s legal framework. It offers a stronger sense of stability and legal certainty for both residents and foreign investors.


For anyone following how the Nationality Law changes may affect Portuguese Golden Visa applicants, this constitutional step demonstrates that Portugal remains committed to a careful and transparent legislative process, even as broader political discussions evolve quickly.


What Triggered the Preventive Review Request?


Parliamentary Dynamics and PS Position


Although Parliament approved the amendments to the Nationality Law, PS later clarified that the speed and procedural context of the vote justified asking the Constitutional Court to conduct a preventive review.


Their decision does not question the legitimacy of the new amendments. Instead, it reflects a commitment to ensuring that structural laws receive the level of scrutiny they deserve.


Why Organic Laws Receive Higher Scrutiny


Organic laws regulate key components of the state, including citizenship, political rights, national institutions, and electoral rules. Because of their importance, they undergo an enhanced constitutional review process.


This ensures these laws remain stable and aligned with Portugal’s democratic foundations.


Article 278(4) Explained: The Constitutional Foundations


A preventive review is a constitutional tool used to ensure that major laws fully comply with the Constitution before they are enacted.

Who Can Request Preventive Review?


Under Article 278(4) of the Constitution, the following authorities may request a preventive review:


  • The President of the Republic

  • The Prime Minister

  • One-fifth of Members of Parliament


Since PS exceeds the one-fifth requirement alone, it had full authority to request the review.


Why This Mechanism Exists


Preventive review is not a political veto. Instead, it acts as a constitutional checkpoint designed to safeguard major structural laws. Its role is to ensure the law fully complies with the Constitution before affecting the lives of foreign residents, applicants, and those dependent on immigration or nationality pathways.


Timeline: What Happens Over the Next 25 Days


Once the Constitutional Court receives the request, it has up to 25 days to issue its decision.


Impact on Promulgation


During this period:


  • The President cannot sign the law

  • Parliament cannot implement it

  • The law is paused, not rejected


This pause allows the Court to analyse the amendments carefully.


What Continues Despite the Pause


Importantly, administrative processes remain active. Biometric appointment scheduling—which has recently accelerated for Golden Visa applicants—continues unaffected. The clarification regarding the five-year naturalisation period is simply awaiting final approval once the constitutional review is complete.


Want real-time updates on Portugal’s Golden Visa and nationality pathways? Contact Global Investments today for personalised guidance.


Implications for Foreign Residents and Golden Visa Applicants


The 5-Year Naturalisation Period Clarification


One of the most closely watched aspects of the new Nationality Law changes—particularly for Portuguese Golden Visa applicants—is the expected confirmation that the five-year naturalisation period should begin on the date the initial residency application was submitted, rather than the date the residence card was physically issued.


This adjustment is widely viewed as a fair and necessary correction for applicants who faced extended administrative delays through no fault of their own.


Biometric Appointments and Administrative Progress


Despite the ongoing constitutional procedure, administrative operations continue moving forward. Thousands of Golden Visa applicants have recently received biometrics appointments, and AIMA’s workflow remains active.


Thousands of Portugal Golden Visa applicants have recently received biometrics appointments.

This proves that Portugal’s administrative system is advancing in parallel with constitutional processes, demonstrating a commitment to protecting the expectations of foreign investors.


Why This Step Strengthens Portugal’s Legal System


Checks, Balances, and Democratic Stability


Instead of indicating disruption, the preventive review highlights Portugal’s institutional maturity. It reinforces that democratic checks and balances are functioning as intended and that major laws undergo proper scrutiny before implementation.


Judicial Confirmation Increases Legal Certainty


Once the Court delivers its decision, the law will either proceed with reinforced constitutional authority or return to Parliament for adjustments. Either outcome provides greater long-term legal stability for residents and investors.


After the Court Decision: Presidential Options


Even if the Constitutional Court confirms the amendments, the President still retains political discretion. He may choose to promulgate the law or issue a political veto. This ensures that the legislative process remains thoughtful and deliberate, not automatic.


Portugal’s Continued Reputation as a Rule-of-Law Jurisdiction


Portugal remains one of Europe’s most stable nations for investment migration. The preventive review reflects its commitment to transparency, institutional independence, and predictable legal processes.


For international investors, stability consistently outweighs speed—and Portugal continues to demonstrate both.


Secure your place in Portugal’s residency or citizenship pathways. Book a consultation with Global Investments today.


How Global Investments Helps Investors Navigate These Changes


Global Investments is a leading advisory firm specialising in Citizenship by Investment (CBI), Residency by Investment (RBI), and European residency solutions, including the Portuguese Golden Visa.


Our experts monitor legislative updates, maintain relationships with government entities, and provide full support with:


  • Golden Visa applications

  • Residency renewals

  • Citizenship and naturalisation planning

  • Due diligence and investment structuring

  • Ongoing advisory services during legislative changes


Our goal is to provide clarity and confidence as clients navigate Europe’s most reliable investment migration pathways. Contact Global Investments today for personalised guidance.


FAQs on the Impact of the New Nationality Law Changes on the Portuguese Golden Visa


1. Does the preventive review delay Golden Visa biometrics?


No. Biometric appointments continue to be issued as normal.


2. Will the naturalisation timeline change because of the review?


No. The review does not affect the expected clarification regarding the start date of the five-year period.


3. Could the Constitutional Court block the amendments?


The Court may request revisions, but the aim of preventive review is to strengthen the law.


4. Does this affect current Golden Visa holders?


No. Existing rights and ongoing processes remain unchanged.


5. How long does the review take?


Up to 25 days from the date the request is officially submitted.


6. Is Portugal still a safe choice for long-term residency or citizenship planning?


Absolutely. This review demonstrates the strength and predictability of Portugal’s legal institutions.


Conclusion


The recent changes to Portugal’s Nationality Law—now under preventive constitutional review—represent a significant moment in the country’s naturalisation framework, particularly for foreign residents and Golden Visa applicants seeking clarity on long-term pathways. While this review may temporarily pause the final approval of the amendments, it ultimately strengthens the legislative process by ensuring that any reforms rest on firm constitutional foundations.


Importantly, nothing in the review affects ongoing residency procedures. Administrative steps, including the recent wave of Golden Visa biometric appointments, continue to advance. This parallel progress reflects Portugal’s ongoing commitment to maintaining a predictable, transparent, and investor-friendly environment, even during periods of legislative scrutiny.


For current and prospective Golden Visa holders, the best approach is to remain informed and focus on the long-term residency strategy that Portugal continues to offer. As the legislative process moves forward, no immediate action is required. Instead, applicants should monitor updates and maintain a clear understanding of how future changes may align with their personal or family goals.


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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