Constitutional Court Strikes Down Key Nationality Law Provisions: What It Means for Residency in Portugal

Portugal's Constitutional Court has declared four of seven proposed changes to the Nationality Law unconstitutional, dealing a significant blow to Parliament's attempt to tighten citizenship requirements for immigrants and Golden Visa holders. The ruling, which came in December but continues to reverberate through policy circles, preserves the current five-year path to citizenship — at least for now.

The rejected provisions included a measure that would have excluded naturalisation for certain categories of applicants and another that sought to extend the residency requirement from five to ten years. The court found these changes violated constitutional protections, sending the legislation back to Parliament for revision.

The Political Backdrop

The nationality law amendments were driven by a coalition of political forces, including Chega, that argued Portugal's citizenship rules had become too permissive. The proposals emerged alongside broader anxieties about immigration levels and the strain on public services, themes that animated the presidential campaign.

But the Constitutional Court's intervention underscores the limits of that political appetite. Portugal's constitution contains robust protections for equal treatment, and the court was not persuaded that the proposed restrictions met that standard.

President Marcelo Rebelo de Sousa had already vetoed the legislation in December, returning it to Parliament before the court's review. His successor, António José Seguro, has not yet signalled how he will approach the issue when Parliament inevitably revisits it, though his Socialist Party background suggests a more cautious approach to restrictions.

Golden Visa Remains Intact

The ruling is welcome news for the thousands of non-EU nationals who have invested in Portugal through the Golden Visa programme, which despite repeated rumours of its demise remains operational and more popular than ever in 2026. The fund-based investment route, which replaced real estate in 2023, continues to attract strong interest, particularly from American applicants.

A parallel development highlights the practical challenges that immigrants face regardless of the legal framework. Identity Abroad, a US-focused service, this week announced a partnership through the Association of Foreign Property Owners in Portugal (afpop) to streamline the FBI background check and apostille process — a notoriously cumbersome step in the residency application process. The service promises delivery of FBI checks within four to five business days, at a discounted rate of $100 for the apostille.

For anyone mid-process with AIMA or planning a residency application, the court's decision provides breathing room. The five-year citizenship timeline holds, and while Parliament will revisit the matter, any new legislation faces the same constitutional constraints that sank this attempt.