On 15 December 2025, Portugal’s Constitutional Court ruled that several important parts of the nationality law approved by Parliament in October were unconstitutional.
The decision elicited strong reactions in legal and political circles, raising serious questions about whether the new rules respect the Constitution, particularly the principles of equality and fundamental rights.
Below is a clear summary of the main provisions the Court struck down.
Table of Contents
The Legal Backstory: A Push for Stringent Reforms
On October 28, 2025, the Portuguese Parliament approved sweeping amendments to the nationality law, aiming to tighten the criteria for obtaining citizenship. Key changes include extending the required residence period to ten years for non-Europeans and non-Portuguese speakers, with the application period now calculated from the date of issuance of the residence permit rather than the date the application is submitted. The amendments also introduced new linguistic and cultural requirements, clarified the impact of criminal convictions on eligibility, and ended the pathway to citizenship for descendants of Sephardic Jews.
To learn more, check out our previous post: Portugal’s New Nationality Law.
In a rare move, the Socialist Party (PS) challenged the law before it could even start. Instead of waiting for the President to sign it, the Socialist Party (PS) collected signatures from over one-fifth of parliament members (46 out of 230) to request a judicial review of the law’s constitutionality before it took effect. They want to make sure these new rules don’t violate people’s basic rights or the country’s constitution.
This legal battle comes after a year of tension in Portugal over immigration. Throughout 2025, there have been several disagreements between the government and the courts about migration laws. This shows how important the Court is in making sure new laws are fair and follow the Portuguese Constitution.
What the Court Rejected: Protecting Fairness and Equality
The Constitutional Court stepped in to strike down several parts of the new law, ruling that they simply weren’t fair. Here is what the judges rejected:
No “Automatic” Bans for Crimes: The Court ruled that you cannot automatically block someone from citizenship just because of a past criminal record. Doing so treats naturalized citizens differently from those born in Portugal, which violates the principle of equality.
Vague Fraud Claims: The Court threw out rules that allowed citizenship to be denied based on “alleged fraud.” Why? The law didn’t clearly define what “fraud” actually meant, leaving too much room for guesswork.
Procedural Requirements for Citizenship Applications: The Court found that rules tying eligibility to the date a residence permit was issued, rather than the date of application, breached constitutional guarantees, including the protection of legal certainty.
Taking Away Citizenship: One of the biggest rejections was the idea of stripping someone of their citizenship as an extra punishment for serious crimes. The Court stated that once you are a citizen, you are a citizen. Creating two “classes” of people, those who can lose their nationality and those who can’t, is unconstitutional.
What Happens Next?
Since the Court rejected four major parts of the law, President Marcelo Rebelo de Sousa cannot sign it into effect as it is. Now, the file goes back to Parliament to fix these issues.
Parliament has two main options:
- Remove the unfair sections entirely.
- Rewrite them to make sure they follow the Court’s rules and the Constitution.
How long will it take? There is no fixed deadline for the new version. While the process usually takes a few weeks or months, it could stretch into 2026. This depends on how complicated the changes are and whether the political parties can agree on the final wording.
What This Means for Portugal’s Golden Visa
The Court’s decision proves one important thing: in Portugal, the law protects you. By rejecting these unfair rules, the Court has shown that fundamental rights and equality come first. Even though the rules are being updated, this decision offers peace of mind, knowing that any new law must be fair and follow strict standards.
A Stable Path Forward: Despite these ongoing debates, the Golden Visa (Residency by Investment) remains the most reliable and clear path for those looking for a long-term future in Portugal. It offers a sense of security and flexibility that other routes might not, allowing you to plan for the future with confidence, regardless of short-term political changes.
Take the Next Step with Confidence. Laws can be confusing, but you don’t have to navigate them alone. To make sure you’re making the best choice based on these latest updates, book a free consultation with the experts at Karibi Consultants. Our team will look at your specific goals and build a legal strategy that works with both current and upcoming Portuguese laws.
