Portugal’s Constitutional Court Puts a Hold on the New Nationality Law

On December 15, 2025, Portugal’s Tribunal Constitucional (Constitutional Court) delivered a key ruling that effectively halts the implementation of the newly passed nationality law reforms, declaring several of its provisions unconstitutional. This decision brings uncertainty to major changes Parliament approved and protects existing nationality rules until lawmakers revise the law.

Background: What Was the New Nationality Law About?

The Portuguese Parliament approved a sweeping overhaul to the nationality code on October 28, 2025, aiming to tighten eligibility criteria and integrate stricter conditions into how foreign residents qualify for Portuguese citizenship. Major elements included:

• Extending the minimum residency period required to apply for nationality from five to ten years for most non‑EU/non‑CPLP applicants.
• Adapting the residency calculation timeline so that naturalisation eligibility would begin from the issuance date of a residence permit rather than the application date.
• Restricting nationality by descent, including limiting transmission to descendants such as great‑grandchildren under certain conditions.
• Introducing stricter conditions for children born in Portugal and other regulatory tightening on naturalisation routes.

These changes formed one of the most significant shifts in Portugal’s nationality policy in decades. However, before the law could be promulgated, the Socialist Party (PS) used a constitutional mechanism to request a preventive review from the Constitutional Court — immediately suspending the law’s implementation.

The Four Provisions Declared Unconstitutional

The Constitutional Court ruled that several key aspects of the nationality reform violated constitutional principles such as equality, proportionality, clarity, and protection of legitimate expectations. Specifically, the Court struck down the following four provisions:

1. Automatic Denial of Citizenship for Criminal Convictions: The law would have denied nationality to applicants sentenced to more than two years in prison. The Court found this to be a disproportionate restriction on access to citizenship.
2. Vague Fraud Language: Provisions that allowed for nationality cancellation based on “manifestly fraudulent” conduct were struck down due to lack of clear definition and arbitrary enforcement risks.
3. Undefined “Non‑Community” Behaviour Penalty: Rules attempting to bar nationality for behavior perceived as rejecting national community values were considered too vague and open‑ended.
4. Residence Counting Rules without Transition Protection: The reform would have started counting the residency requirement from the residence permit issuance date, negatively affecting those already in process without a transitional regime — violating legitimate expectations.

In addition, a related Penal Code decree that enabled loss of nationality as an accessory penalty for serious crimes was also invalidated.

Why the Court’s Decision Matters

This ruling preserves the existing nationality framework, including the current five‑year residency requirement for citizenship applications, until Parliament revises the law. It also protects individuals and families who have already applied under the current legal regime from abrupt changes.

What Happens Next? Future Scenarios for the Law

Now that parts of the nationality law are declared unconstitutional, the future hinges on several possible paths:

• Parliament Revises the Law: Lawmakers must adjust the text to address constitutional objections and resubmit it for approval, potentially incorporating clearer language, transitional protections, and proportional criteria.
• Political Compromise Solutions: Some parties — including the Socialist Party — have proposed alternative frameworks that might reduce residency timelines (e.g., seven years) and protect Golden Visa holders from retroactive changes.
• Further Legal Challenges or Clarifications: Interested groups (including Golden Visa investors) may push for interpretations that safeguard rights of existing applicants or investors.
• Public Debate and Policy Shifts: Public and expert commentaries are highlighting concerns over fairness, legal certainty, and proportionality, which could influence how the next version of the law is shaped.

Until Parliament acts, the nationality law remains on hold. Anyone planning on applying for Portuguese citizenship should follow developments closely, as eventual revisions might still reshape the process.

Sources & Further Reading

• Público: Tribunal Constitucional chumba dois diplomas sobre nacionalidade
• Euronews: Lei da nacionalidade não passa no crivo do Tribunal Constitucional

If you have questions about how Portugal’s nationality law changes could affect your citizenship application or legal status, reach out to us today. Our team is here to help you navigate the updates with clarity and confidence.