Portugal Constitutional Court Ruling: What Golden Visa Investors Need to Know

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On 15 December 2025, the Portuguese Constitutional Court issued its decision on the constitutionality of seven provisions in proposed amendments to Portugal’s Nationality Law. These provisions were referred to the Court following a preventative constitutional review by the Socialist Party.

The largely unanimous rulings directly affect Portugal Golden Visa investors, particularly in relation to citizenship timelines, how residence is counted, and whether transitional measures apply.

Important Context for Golden Visa Investors

The Constitutional Court was not asked to rule on the proposal to extend the naturalization period from five years to ten years.

As a result, this issue remains political rather than constitutional. Parliament retains full discretion to revisit citizenship timelines, and further debate and negotiation should be expected. For Golden Visa investors, this remains the key unresolved policy variable in long-term citizenship planning.

The Court’s review was limited strictly to the seven provisions submitted for constitutional scrutiny. It did not determine final nationality policy or future legislative direction beyond those clauses.

Unconstitutional Provisions That Safeguard Golden Visa Investors

Of the seven provisions reviewed, four were declared unconstitutional, primarily on grounds of legal certainty and protection of legitimate expectations.

• Automatic exclusion based on criminal records
  Citizenship cannot be denied solely on the existence of a criminal record without a proportional, individual assessment.
• Vague grounds for opposing citizenship
  Open-ended and indeterminate criteria allowing authorities to oppose nationality applications were struck down.
• Loss of nationality due to third-party fraud
  Citizenship cannot be revoked due to fraud committed by others without the applicant’s involvement.
• Retroactive application of new nationality rules
  New requirements cannot be applied to pending nationality applications submitted under the existing framework.

Taken together, these findings are broadly protective for Golden Visa investors approaching the citizenship stage.

Constitutional Rulings That Shape Golden Visa Citizenship Timelines

The Court upheld several provisions with direct practical consequences for Golden Visa holders.

• The Court confirmed, for nationality, that the residence period begins only when the residence permit is granted, not when the application is submitted. This removes the effect of Article 15(4), which previously allowed waiting time following submission to count if the permit was ultimately approved. Delays in biometrics or residence card issuance may extend the effective timeline to citizenship eligibility, even if the statutory five-year requirement remains unchanged.

• The Court ruled that there is no constitutional obligation to provide a minimum transitional period for applicants with pending residence procedures. While the Court acknowledged that under the current framework applicants could submit a citizenship application before a residence permit is formally granted (provided it is granted during processing), it did not require this approach to be maintained in future legislation.

Administrative Delays and Their Impact on Golden Visa Holders

In reaching its conclusions, the Court relied on the Government’s position that AIMA has reduced administrative backlogs.

In practice, however, many Golden Visa investors continue to experience multi-year delays, with some biometrics appointments scheduled into 2026, despite having invested and complied in full.

What Happens Next for Portugal Golden Visa Investors

The ruling has now been referred back to the President of the Republic, who is constitutionally required to veto the legislation in its current form. 

The draft law will therefore return to Parliament for reconsideration, where lawmakers have 15 days to debate and amend the relevant provisions. This will trigger a further round of parliamentary negotiations, during which investor protections and transitional treatment are expected to be central considerations.

From an investor perspective:

• The current legal framework remains in force
• Ongoing Golden Visa residence applications continue unchanged
• Citizenship timelines and transitional treatment will depend on the final legislative outcome

In parallel, industry stakeholders will continue to engage with government and lawmakers to ensure that the interests, concerns, and rights of Golden Visa applicants are clearly represented as the legislative process continues.

What Golden Visa Investors Should Do Now

At this stage:

• The Golden Visa program continues as normal
• Residence applications remain valid and in process
• Greater clarity will emerge once revised legislation is approved

Latitude continues to monitor developments closely and will provide clear, investor-focused updates as the situation evolves.