On December 15, 2025, Portugal’s Constitutional Court issued a preventive constitutional review that struck down four provisions in Parliament’s recent nationality law reforms, while leaving intact the longer residency timeline that extends naturalization to 10 years for most non EU nationals.
Unconstitutional Reforms
The proposed nationality law has several issues ruled unconstitutional by the court.
- potential breaches of the principle of equality,
- erosion of legitimate expectations under the principle of trust,
- lack of a transitional regime, and the
- controversial clause allowing loss of nationality for criminal convictions.
- No transitional provisions or protection to current applicants.
Waiting Times
One of the central concerns is whether time spent waiting for residence permits will continue to count toward nationality eligibility. This issue has practical implications for many international residents who have experienced administrative delays.
New Proposals
Socialist Party has tabled three sets of amendments to rebalance Portugal’s nationality law during the debate on April 1, 2026.
- The proposals clarify that a prior conviction does not automatically disqualify applicants, remove vague grounds of opposition and eliminate retroactive effects deemed unconstitutional.
- They also reduce habitual residence requirements—nine years instead of ten for non-EU/CPLP nationals and shorter periods for parents of minor applicants—and abolish the redundant means-of-subsistence check at application time.
- A phased entry into force and transitional regime would allow naturalization requests under the current law until June 2026 and ensure a progressive increase in residence thresholds through 2028.
These measures aim to secure PS support and protect the expectations of applicants while respecting constitutional safeguards.
Chega Proposal
The Chega party wants to enshrine in law that foreign nationals receiving social benefits should be barred from obtaining Portuguese nationality, and proposes that, in the event of loss of nationality due to criminal activity, it should only be possible to regain it after 10 years.
The party led by André Ventura wants to require prison sentences of three years or more for crimes punishable under Portuguese law
Until new nationality law comes into effect, existing rules—5 years of legal residence and more generous jus soli—remain in force.
CPLP Residency Now Eligible for Citizenship
Portugal’s CPLP residence regime has introduced a more accessible pathway for nationals of member states to regularize their stay in the country. In this analysis by Maria Luiza Moreira, the framework is examined not only as a residence solution but also in light of its potential implications for future nationality applications.
One of the key considerations is how this type of residence permit may be counted toward the legal residency period required for Portuguese citizenship. While the regime simplifies entry and administrative procedures, questions remain regarding its long-term legal effects within the broader nationality framework.
For individuals considering this route, understanding both the immediate advantages and the possible future impact on citizenship eligibility is essential when planning their stay in Portugal.
