Following the election, which took place on 18 May 2025, on June 23, 2025, the Portuguese Government proposed a draft law that could impact its Nationality Law. This new proposed law signals significant changes in the citizenship timeline and naturalization procedures, raising many critical questions for Portugal Golden Visa investors.
According to Jorge Miranda, a well-known constitutional expert, this could be a constitutional problem. To underline this, at the beginning of last July, Jorge Miranda and Rui Tavares Lanceiro published their report around 82 pages, which was published thanks to the request of Madalena Monteiro, founder of Liberty Legal. In this report, he underlines that this approach is “unconstitutional” because it gives the state too much power to control people’s applications, even when they are just exercising their right to become citizens.
What to Discover in This Guide?
- Debates on Proposed Nationality Law Amendments
- Fundamental Rights Cannot Be Redefined as Abuse
- Citizenship Counting Cannot Depend on Bureaucratic Efficiency
- “Interpretative” Label Masks Legal Contradictions
- Lack of Any Transition Period
- Family Reunification Cases Face Unjust Legal Delays
- What Will Happen in the Future for Golden Visa Investors?
Debates on Proposed Nationality Law Amendments
The Portuguese government’s proposed changes to the Nationality Law have raised a debate about their constitutionality and fairness. Accordingly, Jorge Miranda, also known as “The Father of the Constitution,” stated that they violate key constitutional principles such as equality, proportionality, and universality. He also claims that they undermine the principle of “human dignity”, which is known to be the very essence of the Portuguese Republic, according to Article 1 of the Constitution.
Fundamental Rights Cannot Be Redefined as Abuse
One big issue is that the government wants the new law to start applying from June 19, 2025. Following this, the government will consider citizenship requests submitted after this date as “abusive” and “belated” as a last-minute attempt to take advantage of the previous legislation. Upon this, Jorge Miranda argues that it is the exercise of a legitimate fundamental right. The government also disrespects the legal certainty that citizens are entitled to under a democratic rule of law.
Citizenship Counting Cannot Depend on Bureaucratic Efficiency
Another major concern is the government’s proposal to change when the residency period for naturalization begins to count. Under the current law, the countdown for Portugal Golden Visa holders starts from the day of application. However, the draft law proposes that it will start after the issuance of a residence card.
Considering this, Miranda indicates that this is constitutionally unacceptable as it takes away individual choice and gives the state too much power to decide who gets Portuguese nationality and when. Plus, these changes make applicants rely entirely on how fast the administration works, creating an unfair situation for investors while reducing the strategic position of the Portugal Golden Visa as a plan B for many.
“Interpretative” Label Masks Legal Contradictions
Miranda also stresses that the government cannot just ignore or reverse existing laws simply because it disagrees with them. Even if the current administration sees past changes to the Nationality Law as open to criticism or misinterpretation, those laws still apply until they are officially changed through the proper legislation process, and the changes cannot be retroactive, as it directly contradicts the current legal framework established under Article 15(4) of the Nationality Law. Therefore, the government and public administration are still required to follow the law as it currently stands.
Lack of Any Transition Period
Portugal Golden Visa investors have made significant and strategic decisions, such as investing at least €500,000 in a fund or including their families in their application. Based on the rules that existed at the time, they expected the timeline for citizenship to start from the initial application date, and apply for citizenship after 5 years.
In the current landscape, the government plans to change those rules, such as no longer counting the period from the initial application date or the time needed to apply for citizenship from 5 years to 10 years. Taking this into consideration, Miranda argues that the system lacks any transitional period to protect people who trusted the Portuguese legislation and followed the old requirements.
Family Reunification Cases Face Unjust Legal Delays
Within the framework of this proposed law, the Portuguese government wants to slow down the family reunification process. However, this is an unjust treatment because the Constitution states the right to fast legal protection in urgent situations. Accordingly, family reunification is often urgent, and this proposed law violates one of the constitutional rights while causing backlogs.
What Will Happen in the Future for Golden Visa Investors?
For Portugal Golden Visa investors, this changing political landscape introduces new questions; however, it has not reduced overall trust in the program. As one of the most reputable residency-by-investment programs leading to citizenship as a Plan B route, the Portuguese Golden Visa still retains its charm. Our managing partner, Murat Coskun, states, “Instead of stepping back, we’re seeing a good volume of serious inquiries”, proving the long-term value of the program. Therefore, investors still see the program as a stable and strategic path.
As of now, the program remains legally intact, and existing residence rights for investors are protected under current legislation until October, when the Parliament will undergo a final review and vote on the proposed amendments. However, thanks to the opposition of Miranda, it will give time to make sure the new law follows the Constitution. In the meantime, at Get Golden Visa, we believe that Portuguese law will continue to uphold the legitimate expectations of Golden Visa investors. Even if the reforms pass in the upcoming legislative term, this will likely include transitional provisions to provide a reliable legal framework.
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