Portugal’s Proposed Nationality Policy Sent for Committee Review

Portugal is overhauling its nationality law with a sweeping proposal that will significantly impact foreign residents.

Late last month, the Portuguese Council of Ministers introduced numerous reforms for how residents acquire citizenship, including extending the residency requirement for citizenship from five years to 10 years for most applicants.

Any draft law must be written into the country’s official policy after the proposed changes are debated and voted on in parliament. However, in a parliamentary session last week (3 July 2025), the expected process wasn’t followed.

A debate was held on key issues of the proposal, but while some reforms were voted on, the controversial nationality and residency laws were left out of the process. Instead, it will head for a thorough review by a specialized committee.

This approach enables parliamentary experts to carry out a detailed assessment of legal and constitutional compliance and provide recommendations. Additionally, various interested parties may hold hearings to share their input on these significant changes.

During the debate and voting session, political parties agreed on the creation of a National Unit for Foreigners and Borders and rejected ending the Portugal Golden Visa.

Portugal’s immigration policy updates have been met with mixed reactions. While some have praised it as progress, Jorge Miranda, a Constitutional Law professor, said that changing immigration rules “raises constitutional doubts.”

The proposals can be returned for another parliamentary vote only after the committee completes its review and suggests any necessary adjustments.

“The key is understanding that these proposals require proper legislative process, not enacted changes. The Portuguese legal system provides robust protections against arbitrary or unconstitutional modifications to fundamental rights like residence and nationality,” explains Joana Mendonça, General Counsel for Global Citizen Solutions.

On 25 July, Portuguese President Marcelo Rebelo de Sousa submitted an urgent formal request to the Constitutional Court to evaluate the constitutionality of specific provisions in a decree that would alter Law 23/2007 (known as the immigration law) before it becomes effective.

In its ruling on 8 August, Portugal’s highest constitutional authority struck down critical provisions of the government’s proposed changes to family reunification, among other immigration and citizenship changes. 

The Constitutional Court declared unconstitutional several restrictive measures, including:

• Mandatory two-year waiting periods for spouse reunification
• Extended processing times from 3 to 18 months for family applications
• Excessive integration requirements beyond constitutional parameters
• Limited access to judicial protection for immigration cases

October 2025 Update on Portugal’s Immigration Law

Amendments to Portugal’s Immigration Law now state that dependent family members seeking family reunification (in-country applications) can only apply after the main applicant has held legal residency in Portugal for at least two years. However, there are no waiting periods for minor children or holders of Golden Visas and D3 Visas.

Portugal Golden Visa

In another significant development for investment immigration, the Constitutional Court specifically upheld as constitutional the preferential treatment granted to Golden Visa holders and highly qualified professionals. 

The Court confirmed that allowing immediate family reunification for these categories serves a “legitimate policy objective to attract talent and investment” and does not violate equality principles. This formal constitutional validation strengthens Portugal’s position as a premier destination for investment migration.

Following this constitutional ruling, the legislative amendments are automatically sent back to Parliament for review. 

When Parliament reconvenes in mid-September 2025, lawmakers must draft new provisions that comply with constitutional requirements before any legislation can be re-approved and resubmitted to the President. 

This process provides additional protection while ensuring future immigration laws respect fundamental constitutional rights.

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