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Portugal Constitutional Court Strikes Down 4 Nationality Provisions

Portugal Constitutional Court Strikes Down 4 Nationality Provisions

TL;DR

In December 2025, Portugal nationality law reform hit a major roadblock. The Constitutional Court said that four important parts of the law were not constitutional. The ruling put a stop to the whole reform package. The bill needs to be changed by Parliament before it can become law.


The Four Provisions Declared Unconstitutional

1. Automatic Citizenship Denial for Criminal Convictions

The change made it illegal for anyone who had been sentenced to more than two years in prison to become a citizen. The Court said this was too harsh and not fair. Judges said that criminal cases can be very different from each other and very serious. A blanket ban took away the chance for individual review. This went against Portuguese citizenship rights under constitutional law.

2. Vague "Manifest Fraud" Language

A new clause made it possible to deny Portugal citizenship applications that were "clearly fraudulent." But the law never said what that really meant. The Court said this was too vague to be enforced fairly. People couldn't know when their nationality might be in danger. 

3. "Rejection of National Community" Clause

This rule gave officials the power to deny citizenship to people who did things that were not clearly "anti-community." The Court said this was too vague and hard to understand. People couldn't know what actions would make them ineligible. All three judges agreed that this was wrong. It broke the rules that say Portuguese citizenship decisions must be based on clear standards.

4. Changing Rules for Pending Applications

The reform would have looked at cases that were still open as per the new rules. But a lot of people who applied had already been waiting for years under the old rules. The Court said this went against the "protection of trust" rule.


What the Court Did NOT Strike Down?

The Court looked over the 10-year Portugal citizenship timeline and said it was okay. This change could happen if Parliament fixes the parts that are not constitutional. Most applicants would need 10 years to meet the proposed timeline. EU and CPLP nationals would need 7 years instead.

The Court also let the change to the residency permit counting rules stay. With the new law, your countdown starts when you get your permit. It doesn't count from when you first applied anymore. With AIMA processing delays of 2 to 4 years, this makes the real wait times longer.

CURRENT STATUS: The 5-year Portugal citizenship rule is still in effect. Changes have not yet taken legal force. The rules that are in place now still apply to your applications. The current Portuguese nationality law will stay in effect until further notice.


What Does This Mean for Golden Visa Holders?

People with Portugal Golden Visa have been keeping a close eye on these changes. More than 20,000 investors are still waiting for AIMA to process their applications, some since 2021. The Court's decision on pending citizenship applications might keep them safe.

If you've been waiting for years, you might still be protected by the old rules. The Court made it very clear that changing the rules mid-process goes against constitutional principles.


Action Steps Right Now

Don't Panic

The 5-year rule still stands. Nothing has changed for people who are currently applying.

Track Your Timeline

Write down when you applied and when you got your permits. This matters if transitional protections are given out later.

Move Fast If You're Close

If you've been living in Portugal for almost five years, consider filing now. Send in your Portuguese citizenship application under current rules while you can.

Things are still changing as we head into 2026. But the Court has given Portugal citizenship applicants valuable extra time.

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