Portugal’s constitutional court overturns part of the citizenship law reform: what it means for applicants

In December 2025, Portugal’s Constitutional Court ruled that several key provisions of the citizenship law reform adopted earlier this year were unconstitutional. While the main change — extending the naturalization period to 10 years — remains in force, the cancellation of several controversial clauses has sparked intense debate among lawyers, migrants, and investors.

In this article, we explain which provisions were отменed, what remains in effect, how this impacts Golden Visa holders, and when greater legal clarity can be expected.

The Court declared 4 out of 7 provisions of the new law, which came into force in 2024, unconstitutional. The following rules were cancelled:

1. Automatic refusal of citizenship due to criminal offenses. Applications can no longer be automatically rejected if a criminal offense was committed more than two years ago.
2. Vague fraud-related provisions. Clauses that blocked citizenship based on unclear or poorly defined allegations of fraud were ruled unconstitutional.
3. Revocation of citizenship for “withdrawal from the national community. The Court found this wording too vague and in violation of fundamental rights.
4. Retroactive application of stricter rules. New, stricter requirements can no longer be applied retroactively to applications submitted before the law was amended.

In addition, the Court struck down a provision of the Criminal Code that allowed deprivation of citizenship as an additional penalty for particularly serious crimes.

Despite the отменed provisions, the 10-year residence requirement for naturalization remains in effect. This applies to citizens of countries outside the EU and CPLP (Community of Portuguese Language Countries).

When Does the Residence Period Start?It remains unclear when the residence period officially begins:

• from the date of application submission, or
• from the date the residence permit is issued by AIMA.

The parliamentary version of the law supports the second option, which could extend the actual waiting period to 12–14 years.

Transitional ProtectionIt is still unclear who exactly falls under transitional provisions. This issue is particularly critical for applicants who submitted their applications before the law came into force — especially those whose residence period was already approaching five years.

Investors holding Portugal’s Golden Visa remain in a legal limbo. More than 20,000 applicants are still waiting for appointments with AIMA, many since 2021.
Key issues include:

• Uncertainty about when the residence period for citizenship officially starts
• Lack of clear transitional rules
• Prolonged delays due to the absence of AIMA appointments

A group of investors has submitted an amicus curiae filing, pointing to violations of constitutional rights caused by administrative delays and legal uncertainty.

Lawyers and migration experts are awaiting the publication of the written decision of the Constitutional Court, which should clarify:

• When the residence period begins
• Who qualifies under transitional provisions
• How the law will be applied to previously submitted applications

Until the official text is released, conflicting interpretations of the law persist.

If you have already applied for Portuguese citizenship or are planning to do so, it is crucial to closely monitor developments.

• Golden Visa holders should document all delays and be prepared for possible legal action.
• Applicants with five years of residence are strongly advised to seek immediate legal consultation with immigration specialists.

Portugal’s legal system is undergoing a significant transition, and the future of thousands of applicants depends on the Court’s final clarifications.

Contact Visa Dan for professional consultation and full legal support — we help you navigate legislative changes and choose the most effective strategy for obtaining visas, residence permits, or citizenship.

Visa Dan is an international company with a strong legal team and experience in assisting more than 1,000 clients. We offer:

• Individual selection of solutions and strategies for obtaining a residence permit.
• Complete transparency and support at every stage.
• A strong team in Europe: lawyers, translators, operators, notaries.
• Support until you receive your ID card, as well as assistance with renewal and integration in the country.

The Visa Dan team will help you navigate this journey from start to finish. Get personalized advice and start your new life in 2025!