Portugal Golden Visa 2026 Update

World CBI
2 days ago
4 min read

On December 15th, Portugal's Constitutional Court ruled that four provisions of the Nationality Law amendments were unconstitutional. As a result, the law cannot proceed as originally drafted and must return to the political process for revision before it can be enacted.

Although the Court supported the proposed extension of the citizenship timeline in principle, the decision leaves unresolved questions about the calculation of residence time and whether transitional protections apply to residence holders who have not yet applied for citizenship.

If enacted, the proposed reform would extend the required residence period for citizenship qualification from five years to ten years (or seven for citizens of CPLP countries and EU nationals), among other new requirements. While this marks a significant change in Portugal's nationality framework, it is crucial to understand the current stage of the law, pending issues, and implications for Portugal Golden Visa holders, both current and future.

What Has Been Approved?

The law introduces several key changes to the naturalization process:

Residency requirement for citizenship eligibility:

10 years for most applicants
7 years for citizens of CPLP (Portuguese-speaking countries) and EU nationals

Counting from the residence card issuance:

The qualifying period will now start from the date of issuance of the first residence card, rather than from the initial application date.

New requirements:

A2-level Portuguese language proficiency (unchanged)
A new civic knowledge test (covering Portuguese culture, rights, duties, and history)
Formal declaration of adherence to democratic principles
Clean criminal record (threshold reduced from three years to two years)
Proof of sufficient means of subsistence
No sanctions from the UN or EU

Termination of the Sephardic Jewish ancestry route

New provision: Loss of nationality possible in cases of conviction for serious crimes

Constitutional Court Findings (December 15, 2025)

During preventive review, the Constitutional Court declared unconstitutional:

Provisions imposing an automatic bar to nationality based on criminal sentences above a defined threshold
Vaguely defined concepts such as “manifest fraud” affecting the consolidation of nationality
Provisions allowing nationality cancellation based on undefined notions of “rejection of the national community”
A rule affecting how pending citizenship applications would be assessed by reference to requirements at the time of decision rather than at the time of filing

The Court also declared unconstitutional the separate decree introducing loss of nationality as an accessory criminal penalty.

Is It Already in Effect?

No, it is not in effect.

Following the Constitutional Court’s decision on December 15, 2025, the nationality law amendments cannot enter into force as approved. The decree must now return to Parliament for revision or removal of the provisions found unconstitutional.

Until a revised text is approved, reviewed, and promulgated, the existing nationality law remains applicable.

What happens next:

The amendments will be sent to Parliament for revision.
If and once Parliament revises the nationality law proposal, it will be voted upon.
If it passes, it will be sent to the President for review, who can then accept, veto, or send the proposed law for constitutional review once again.

Until these steps are completed and the changes become law, nothing changes in the naturalization timeline.

What Does It Mean for Golden Visa Holders?

The Golden Visa (ARI) is a residency program. The Government has not proposed any Portugal Golden Visa changes to the residency rights under this program.

This reform affects the path to citizenship, not the right to residency.

The Golden Visa program remains unchanged.
Holders continue to enjoy residency rights as before, and the ability to renew, travel, and reunite with family remains unaffected.

The recent preventive review request means that the proposed changes to the timeline and qualifying period are not active, at least for now.

However, if the law is eventually approved, citizenship via the Golden Visa route will follow the new timeline, based on the citizenship application date and the issuance date of the first residence card.

What Happens if You Already Applied for Citizenship?

If you submit a complete citizenship application before any new law enters into force, your file is expected to proceed under the current five-year rule.

If the new law eventually enters into force, applications submitted after that date would fall under the new requirements.

In practical terms:

Completed applications already submitted continue under the existing five-year regime.
Future applications would follow the new seven- or ten-year rule only if the new law is upheld and comes into effect.

The absence of a formal transition clause has raised constitutional concerns, and this issue will possibly be part of the Constitutional Court’s preventive review.

If You Have Not Yet Applied for Citizenship

While the law is currently suspended pending Constitutional Court review, if it eventually enters into force as approved:

You will need to complete 10 years of legal residence (counting from the first residence card issuance date).
You will need to meet the new language, civic, and conduct requirements.
Proof of “real ties” and integration may likely become a stronger consideration in the process.

This will extend the timeline for citizenship for current and future Golden Visa holders who have not yet reached five years of residence.

Can You Still Get Permanent Residency After 5 Years?

Yes. This remains possible and is now more relevant than ever.

After five years of legal residence, Golden Visa holders can apply for Permanent Residency (PR) in Portugal.

There are two PR routes to consider:

Regular PR (general regime): lower fees; typically requires proof of actual residence (e.g., a minimum stay over a multi-year period); each family member holds their own independent PR card.

Investment PR (for Golden Visa holders): it has higher fees; but it waives the minimum-stay obligation tied to PR; and each family member also receives an independent PR card.

Assuming you take advantage of the Investment PR:

The PR card is valid for five years, renewable, and does not require full-time residence in Portugal.
A2-level Portuguese language proficiency is required, but there are no new investment or physical stay obligations.

This means that after five years, investors can:

Obtain PR and maintain their residency rights;
Liquidate their qualifying investment if desired;
Continue progressing toward citizenship under the new 10-year rule if they wish.