Portugal’s proposed changes to its Nationality Law are currently paused and under review.
In mid-December 2025, Portugal’s Constitutional Court completed a preventive review of the nationality law amendments approved by Parliament on 28 October 2025. The Court blocked several provisions of the approved text and returned the decree to Parliament for revision. As a result, the amendments have not entered into force.
Until a revised law is approved and promulgated, the existing Nationality Law continues to apply. There is no immediate change to the legal basis for current or new applicants, although a period of uncertainty now exists while Parliament considers its next steps.
What Parliament Approved in October 2025
On 28 October 2025, Parliament approved substantial amendments to the Nationality Law. The approved text reflected a political objective to tighten access to Portuguese citizenship by extending residence requirements and revising how eligibility is assessed.
The approved, but not effective, text included:
- An extension of the standard residence requirement from five to ten years for most non-EU, non-CPLP nationals
- A seven-year residence requirement for EU and CPLP nationals
- Additional provisions affecting eligibility, loss of nationality, and the treatment of residence time
Because the decree was sent for preventive constitutional review, it could not be promulgated and did not take effect.
What the Constitutional Court Decided
Following two requests submitted by Socialist Party deputies, the Constitutional Court carried out a preventive review of the nationality law amendments. In its mid-December 2025 ruling, the Court declared several provisions unconstitutional and returned the decree to Parliament.
Based on reporting available at this stage, the Court objected to provisions that:
- Provided for automatic denial of nationality based solely on certain criminal sentences
- Relied on vague concepts such as “manifest fraud” or “rejection of the national community”
- Assessed eligibility or consequences based on administrative timing in a way that undermined legal certainty and legitimate expectations
- Introduced a related Penal Code change allowing loss of nationality as an accessory criminal penalty
The full written judgment has not yet been widely published, so the detailed legal reasoning remains subject to clarification.
What Remains in Force Today
Until Parliament revises the text and a new law is approved and promulgated, the current Nationality Law remains fully in force.
In practical terms:
- The existing five-year residence requirement continues to apply
- Applications are assessed under the current legal framework
- There is no immediate legal change affecting existing or new applicants
The situation is best understood as a pause rather than a transition.
What Remains Unresolved
Several elements of the nationality reform remain open and cannot yet be treated as settled:
- Whether Parliament will reconfirm longer residence periods in revised legislation
- How residence time will be counted under any future law
- What transitional protections may apply to applicants already resident or in process
These questions depend on how Parliament redrafts the law and whether a revised text is subject to further review.
Practical Position for Applicants
As of now:
- The current nationality framework continues to apply
- The five-year residence regime remains in force
- Any future changes depend on revised legislation being approved and promulgated
Applicants and advisors should distinguish clearly between current law and proposals that have been approved but not implemented, and should avoid assuming outcomes that are not yet legally in effect.
Portugal Panorama will continue to monitor developments and provide updates once revised legislation and its practical implications become clearer.
Get in touch to find out more.
*This article was written 16 December 2025
