Over recent months, Portugal has been engaged in contentious legislative discussions surrounding reforms to the citizenship pathway. The initial proposal to raise the residency requirement for citizenship from 5 years to 10 years—7 years for EU and CPLP citizens—generated enormous controversy because thousands of Golden Visa holders now face the prospect of extended waiting periods for Portuguese citizenship.
Why This Matters for Golden Visa Investors
Imagine a family holding their Golden Visa for four years, just one year away from citizenship eligibility under current rules. Under this new Portugal citizenship law framework, they would face an additional 5 to 6 years of waiting. The Portugal residency requirements have fundamentally changed, and thousands of investors are directly affected by the extended citizenship timeline.
Constitutional Opposition: Jorge Miranda’s Landmark 82-Page Legal Opinion
The proposal met powerful opposition from constitutional scholars, most notably Professor Jorge Miranda, the architect of Portugal’s 1976 Constitution and its most authoritative interpreter. His 82-page legal opinion, co-authored with constitutional expert Rui Tavares Lanceiro, dismantled the government’s proposal based on one fundamental issue: violation of the constitutional principles of legal certainty and legitimate expectations.
These principles are absolutely fundamental to Portugal’s legal framework. Golden Visa holders applied for residency with clear legal expectations of a 5-year citizenship pathway. To retroactively eliminate this protection without transitional safeguards demonstrates a shocking disregard for the rule of law. It is a direct assault on Portugal’s credibility as a trusted investment jurisdiction. Read Jorge Miranda’s complete legal analysis here: Jorge Miranda’s 82-page constitutional opinion.
The Socialist Party’s Compromise Proposal
After the summer recess and following Miranda’s critical constitutional analysis, most experts anticipated amendments that would address these concerns. On October 17, 2025, the Socialist Party (PS) filed a formal counterproposal offering a genuine compromise to protect Golden Visa investors:
- 5 years for CPLP and EU citizens (down from the government’s 10-year proposal)
- 7 years for other nationalities (down from 10)
- Grandfathering provision (Article 5): If you already meet current eligibility when the new law comes into force, you have until December 31, 2026, to file under the current 5-year regime
- Protected legitimate expectations: If you hold or have filed for a Golden Visa before enforcement, your time continues counting under the old rules, with a tentative deadline of January 1
Most critically, the PS proposal explicitly protected legitimate expectations through transitional provisions, ensuring anyone holding a residence permit or having applied before enforcement would be grandfathered into the current 5-year Portugal citizenship pathway.
Parliament’s Decision: The Strict Version Approved
On October 24, 2025, Parliament’s Constitutional Affairs Committee voted and approved the original, strictest version of the government’s proposal, rejecting the compromise amendments entirely. This decision was confirmed by plenary on October 28, solidifying the new Portugal nationality law framework.
The approved citizenship law now includes:
- 10 years for most foreign nationals
- 7 years for EU and CPLP citizens
- No transitional protections for current Golden Visa holders or a grandfathering window
Only pending citizenship applications submitted before the law comes into force receive the current 5-year standard. Current residence holders—thousands of families who applied in good faith—receive no protection under the new Portugal residency and citizenship rules.
What’s Next in the Legislative Process
The legislative process still has potential avenues forward that could change this outcome:
The President’s authority: President Marcelo Rebelo de Sousa may request a Constitutional Court review before signing. Given Jorge Miranda’s extensive constitutional analysis and the scale of the Portugal citizenship law changes, there remains a realistic possibility the President may exercise this safeguard, though it cannot be counted on.
What Remains Completely Unchanged
It is vital to understand that these changes only affect citizenship and nationality law. Your Golden Visa protection remains intact:
- The Golden Visa program remains fully operational and unchanged
- The legendary 7-day rule remains in effect – Portugal remains the only EU Golden Visa that allows a citizenship route without permanent relocation (Despite the potential changes, still the best Golden Visa)
- The 5-year route to Permanent Residency remains untouched
Once you achieve Permanent Residency after 5 years, you can liquidate your fund participation or exercise buyback guarantees to recover your investment. You can then maintain Permanent Residency indefinitely while waiting out whatever citizenship timeline ultimately applies. The 5-year PR plus investment return remains your protected bridge strategy.
My Recommendation
Remain calm, the law is not yet in effect and the war is far from over!
The situation remains fluid. Further amendments, presidential intervention, or Constitutional Court review could materially change this outcome. There are strong reasons to consider the likelihood of this happening given the polemic generated by the bill and incoming criticism the government would face if enforced as currently proposed, but it is best not to count on it.
Regardless of the outcome, understand this: your Permanent Residency pathway remains secure. Your 7-day rule remains. Your investment protection remains. Portugal cannot take these away. What is uncertain is the citizenship timeline. Even in the worst case, citizenship remains achievable, just potentially longer than initially expected.
As always, I remain fully committed to keeping you informed with clear and realistic guidance as this situation evolves. I will continue monitoring developments closely and provide timely updates as the legislative process unfolds in the coming days and weeks. Your trust matters to me.
If you want to discuss your specific situation or have questions about how these Portugal residency and citizenship changes affect your Golden Visa timeline, book a call with me here: Book a consultation.
Disclaimer: This article is not legal advice and reflects Portuguese nationality law and the Portugal residency framework as of November 3, 2025, subject to change through legislative or judicial processes.
