Following our previous update regarding the request for a preventive constitutional review of the proposed amendments to the Portuguese Nationality Law, the Portuguese Constitutional Court has now issued its decisions.

On 16 December 2025, the Constitutional Court ruled on the amendments approved by Parliament earlier this year, identifying multiple grounds of unconstitutionality. As a result, the legislative process has entered a new phase, as provided for under the Portuguese Constitution.

Main Constitutional Issues Identified by the Court

While a full legal analysis is still underway, the Constitutional Court’s decisions focus on structural constitutional principles that are particularly relevant in nationality matters, including:

• Legal certainty and foreseeability, especially in the context of rules affecting long-term personal status
• Proportionality, where the proposed amendments were considered to impose effects that may not be adequately balanced against their stated objectives
• Protection of legitimate expectations, a principle consistently upheld by Portuguese constitutional jurisprudence in areas involving residence, nationality, and acquired legal positions

Nationality law occupies a particularly sensitive constitutional space, as it directly affects individuals’ civil status and long-term integration. The Court’s intervention reflects this heightened level of scrutiny.

In particular, the Constitutional Court considered unconstitutional a provision that sought to determine that nationality applications should be assessed by reference to the date of issuance of the residence permit, rather than the date of submission of the nationality application.

According to the Court, such an approach constitutes a violation of the principle of protection of legitimate expectations, inherent in the principle of the rule of law enshrined in Article 2 of the Constitution, as it would frustrate the legitimate expectations of applicants with pending procedures under the legal regime applicable at the time their application was filed.

Immediate Legal Consequences

From a procedural standpoint, the Court’s decisions mean that the amendments cannot enter into force as proposed by the Parliament.

The next institutional step lies with the President of the Republic, who is expected to return the law to Parliament. Parliament may then reconsider the text, introduce amendments, or abandon the proposal altogether. Importantly:

• The current nationality legal framework remains fully in force
• No immediate changes apply as a result of these decisions
• Any future amendments would require renewed parliamentary discussion and approval

Political and Legislative Context

The timing and political context are relevant in assessing the next steps:

• Parliament will suspend its works on 19 December and will only resume on 7 January
• The Government operates under a minority parliamentary configuration, meaning that any revised proposal will likely require additional political alignments
• The party that initiated the constitutional review has signaled openness to further debate, suggesting that the process is unlikely to be swift

In practical terms, nationality law reform is expected to remain under discussion for some time.

What This Means for Golden Visa Investors

For Golden Visa investors, the implications are clear and, at this stage, reassuring:

• No changes apply to ongoing or future Golden Visa residence rights
• Nationality continues to be assessed at the relevant stage of each investor’s timeline, based on the law in force at that time
• The Constitutional Court’s decisions reinforce the stability of the legal framework, confirming that significant changes are subject to constitutional limits and institutional checks

From an investor-protection perspective, this outcome strengthens legal certainty rather than undermining it.

Institutional Safeguards in Practice

While legislative developments often raise concerns, it is important to emphasize that this process demonstrates the normal and effective functioning of Portugal’s constitutional system.

Preventive constitutional review exists precisely to ensure that fundamental legal changes — particularly in areas such as nationality — comply with constitutional standards before producing legal effects. This mechanism operates independently of political cycles and provides an additional layer of protection for individuals affected by such legislation.

A Cautious and Realistic Outlook

At this stage, it would be premature to anticipate the final shape of any future amendments. What can be stated with confidence is that:

• Any revised proposal will be subject to renewed constitutional, political, and public scrutiny
• Sudden or retroactive changes are unlikely, given the constitutional principles already affirmed by the Court
• Investors should continue to plan on the basis of the existing legal framework, as in force at the time of publication, while remaining informed as discussions evolve and recognizing that nationality matters are ultimately assessed under the law applicable at the relevant time.

IAS will continue to monitor developments closely and provide factual and grounded updates as the situation progresses.