Parliament Passes Stricter Nationality Law After PSD-Chega Deal — President Seguro Now Holds the Cards

Portugal's parliament approved a revised Nationality Law on Tuesday with a two-thirds majority, tightening the path to citizenship and introducing the loss of nationality as a criminal penalty. The vote followed a last-minute deal between the governing Social Democratic Party (PSD) and the far-right Chega that sidelined the Socialist Party (PS) and its proposed transitional protections for existing residents.

The decree passed 152 to 64, with PSD, Chega, and the Liberal Initiative voting in favor. PS, Livre, the Communist Party, the Left Bloc, and PAN all voted against.

What the Law Changes

The approved legislation creates two new mechanisms. The first bars individuals convicted of serious crimes and sentenced to three or more years of imprisonment from obtaining Portuguese nationality. The second amends the Penal Code to introduce the loss of nationality as an accessory penalty for those sentenced to five or more years for offenses including aggravated homicide, human trafficking, rape, drug trafficking, and arms trafficking.

Residency requirements for citizenship have been doubled: ten years for most foreign nationals, seven for EU and Community of Portuguese Language Countries (CPLP) citizens. The previous threshold was five years for everyone — a rule that had been in place since 2018.

Critically, the approved text contains no transitional protections. The PS had proposed a grandfathering window that would have preserved existing residents' rights under the old rules, along with a graduated phase-in period. Those proposals were rejected after PSD struck its deal with Chega less than an hour before debate began.

The Constitutional Shadow

This is the second attempt at passing the law. The original version, approved in October 2025, was returned by the Constitutional Court in December after it unanimously found several provisions unconstitutional, primarily for violating the principle of equality. The revised text lowered some thresholds — the criminal impediment for blocking citizenship dropped from five to three years — but critics argue the core constitutional problems persist.

PS deputy Pedro Delgado Alves warned during debate that "there are passages of the Constitutional Court ruling that they did not read or chose to ignore." CDS-PP deputy João Almeida took the opposite view, accusing the court itself of "judicial activism."

For context, Portugal's Constitutional Court has historically been cautious about nationality restrictions. The December ruling specifically targeted provisions that created unequal treatment between citizens born Portuguese and those who acquired nationality — a distinction the court found fundamentally at odds with constitutional guarantees of equality.

What Happens Next

The approved decrees now go to President António José Seguro for promulgation. Seguro, who took office in March 2026 following the presidential election, is affiliated with the Socialist Party — which opposed the decree and warned of persisting constitutional deficiencies.

The president has three options: promulgate the law, issue a political veto (sending it back to parliament), or refer it to the Constitutional Court for a fresh review. Given his party affiliation and the PS warnings about constitutional problems, a veto or court referral is a real possibility.

What It Means for Expats and Immigrants

For the estimated tens of thousands of foreign residents currently building toward citizenship, the uncertainty is the worst part. Under the old rules, anyone with five years of legal residency could apply. If the new law takes effect as written, those same residents would suddenly need ten years — and there is no provision protecting applications already in progress.

Portugal has processed approximately 23,000 deportation orders in 2025, signaling a broader shift in immigration policy. The nationality law is part of the same political current — one that has seen immigration become one of Portugal's most politically charged issues.

As we reported when the three competing visions were heading to parliament, the outcome would depend on whether PSD chose to negotiate with the left or the right. They chose the right — and the consequences for current residents could be significant.

The ball is now in President Seguro's court. His decision could come within weeks.