Golden Visa Update – New Nationality Law
Portugal’s President has confirmed that he will wait for the Constitutional Court to issue its preventive review of the proposed Nationality Law — following a formal request submitted by the Socialist Party (PS) on the 13th of November, the law has now been paused and is likely it will need to be modified substantially before being approved in the Assembly.
Change in Nationality Acquisition Time
The new law adjusts the required legal residence period for nationality acquisition. Specifically, the residency requirement has increased from 5 years to 7 years for nationals of countries where Portuguese is an official language and for citizens of EU Member States. For nationals of all other countries, the required period is now 10 years. This change represents a significant lengthening of the qualifying period to apply for Portuguese citizenship.
Counting of the Residency Period
The period of legal residence for nationality purposes will now be counted from the date of issuance of the first residence permit, rather than from the date of submission of the initial residence application. This change holds significant implications for current residence permit holders who have not yet submitted their Citizenship Application, potentially extending the overall qualifying period required for nationality acquisition.
Entry into Force and Transitional Regime
The regulation of this law shall be issued within 90 days following its publication. The New Law will take effect from the date of its entry into force. However, administrative procedures pending at that time will continue to be governed by the Current Law. Approval of such pending applications will depend on compliance with the requirements in force under the Current Law at the time of their submission. In other words, ongoing residence procedures are not safeguarded by the New Law.
Legislative Procedure: What Happens Next
Although the law has been approved by Parliament, the legislative process remains unfinished. The approved version will be submitted to the President of the Republic, who has 20 days to:
1) Promulgate the law (approve it);
2) Exercise a political veto, returning it to Parliament with a reasoned message;
3) Request a preventive constitutional review from the Constitutional Court if doubts arise regarding the law’s conformity with the Constitution.
If referred to the Constitutional Court, the Court must issue its decision within 25 days, unless urgency is requested.
Guidance for Investors and Current Process Outlook
These amendments are directly relevant to individuals with Portuguese residence permits acquired in recent years or with ongoing residency processes (such as Golden Visa applicants) who have yet to apply for citizenship. The changes have provoked substantial concern among legal scholars and practitioners, with many arguing that the approved version may contain unconstitutional provisions, particularly due to the absence of a grandfathering or transitional clause.
Credit/Source: Octanova Horizon Newsletter
