Portugal’s Citizenship Law Frozen: What Golden Visa Investors Need to Know Now

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Executive Summary for Golden Visa Investors

• Portugal’s newly approved nationality law amendments are now frozen after a rare preventive constitutional review—a constitutional mechanism used only twice in Portugal’s history.
• Until the Constitutional Court issues a ruling, current citizenship rules remain fully in place for Golden Visa investors
• The proposed amendments would significantly impact Golden Visa holders, resetting naturalization timelines from 5 years to 10 years.
• The review was triggered after leading constitutional experts—including one of the authors of Portugal’s 1976 Constitution—warned the amendments may be unconstitutional.
  

What This Means Right Now for Golden Visa Clients

1. Nothing has changed yet.

The law is completely suspended and cannot take effect while under review.
All current naturalization rules continue to apply.

2. Filed citizenship applications are fully protected.

If your citizenship application has already been submitted, your eligibility remains governed by the current legal framework.

3. Golden Visa residents who have NOT yet filed remain exposed.

If the amendments eventually pass, both the naturalization timeline and how residency is counted could change dramatically.

4. The review period creates a strategic window to act.

Depending on your residency history and documentation, this period may allow you to secure your position under the existing rules.

What Is Preventive Constitutional Review?

A preventive constitutional review is a constitutional procedure that pauses a law before it can be enacted and requires the Constitutional Court to confirm that it does not violate the Constitution.

Key points for Golden Visa investors:

• It is extremely rare—used only twice since 1983.
• It automatically freezes the nationality amendments.
• There is no fixed deadline, though preventive reviews usually move faster than regular constitutional cases.

For now, this means your current path to citizenship remains intact until the Court rules.

Why Parliament Triggered This Unusual Mechanism

Earlier this year, the President sent a different version of these amendments to the Constitutional Court. However, in this case, the Socialist Party (PS) chose to intervene first—bypassing the President entirely.

The reasons:

1. Top constitutional experts warned of clear constitutional violations.

An 82-page legal opinion by Jorge Miranda—co-author of the 1976 Constitution—stated that the amendments violate:

• Legal certainty
• Equality
• Human dignity
• Protections against retroactive harm
• The ban on “diachronic inequality” (treating citizens differently based on when or how they acquired rights)
  

Several legal institutions provided similar warnings.

2. Golden Visa investors were identified as a group at high risk of retroactive harm.

Miranda specifically highlighted the multi-year delays in Golden Visa processing and stated that investors could not constitutionally be punished for administrative backlogs.

3. Parliament believed immediate intervention was necessary.

With 58 deputies (46 required), PS had the unilateral ability to force a preventive review and freeze the law instantly.

How the Contested Amendments Would Affect Golden Visa Holders

If eventually upheld, the approved amendments would introduce major changes directly affecting investors.

1. Extension of Citizenship Eligibility to 10 Years

Current rule:
Golden Visa holders may apply for Portuguese citizenship after completing 5 years of lawful residence.

Proposed amendment:
The qualifying period would be extended to 10 years, effectively doubling the time required before investors can seek naturalization.

This amendment would substantially reshape the program’s appeal. By delaying access to citizenship, it introduces longer-term uncertainty for investors and reduces the immediate strategic value of the Golden Visa pathway.

2. Redefining When Your Citizenship “Clock” Starts

Current rule:
Your 5-year Golden Visa timeline starts on the date you submit your residence application.

Proposed rule:
Your timeline would begin only when your residence permit is issued, which historically takes 2 years due to SEF/AIMA delays.

For many current Golden Visa investors, this would mean 7 years before completing 5 years of “countable” residence.

3. No protection if you haven’t filed your citizenship application yet

The law protects only applications already filed.

It does not protect:

• Golden Visa holders who have completed 5 years but haven’t filed
• Investors are still waiting for their initial residence card
• People stuck in AIMA processing delays
  

This creates an elevated risk for investors nearing eligibility.

4. Revocation of naturalized citizenship

A separate amendment allows courts to revoke citizenship for naturalized (not native-born) citizens convicted of certain serious crimes.

While this applies to very few individuals, it introduces unequal treatment—another constitutional vulnerability.

Impact Scenarios for Golden Visa Clients

• You Already Filed for Citizenship
  • You are fully protected. No changes expected.
• You Reached 5 Years but Haven’t Filed Yet
  • Your next move should be evaluated promptly to determine whether you can still file under the current rules.
• You Are Midway Through Your Golden Visa Timeline
  • Your future eligibility may be influenced by the Court’s ruling and future legislative response.
• You Are Waiting for the Residence Card Issuance
  • Because the proposed law starts the residency count from the date of permit issuance, you are the most exposed group.

What Happens Next

1. PS submits its formal request for review.
2. The Constitutional Court begins analysis.
3. The law remains completely frozen during the review.
4. The Court will issue a ruling:
   • If unconstitutional, Parliament must amend or withdraw the problematic sections.
   • If constitutional, the President may then sign the law into effect.

Next Steps for Golden Visa Investors

Navigating this situation alone can lead to unnecessary stress, especially given the complexity of Golden Visa timelines, documentation requirements, and shifting legislative conditions. The smartest next step is to speak directly with a Latitude advisor.

Speak With a Latitude Advisor

A Latitude advisor can:

• Review your complete residency timeline under both current and proposed rules
• Assess whether you can file for citizenship now, before any changes take effect
• Identify any missing documentation needed to strengthen your position
• Model different outcome scenarios based on the Constitutional Court’s decision
• Create a personalized, strategic plan tailored to your goals and risk tolerance
  

This ensures you have clarity, confidence, and expert guidance during a period of legal uncertainty.

To discuss your situation confidentially, speak with a Latitude advisor today.