In recent days, there has been widespread discussion about the alleged rejection of the new Nationality Law by the Constitutional Court, which has caused significant confusion among readers. It is therefore important to clarify what really happened, in order to avoid misunderstandings that have led to unnecessary concern among many of our clients.
First and foremost, the law was not rejected. What took place was a preventive constitutional review of certain provisions contained in a draft bill submitted by the Government. A preventive review means that, before the law could enter into force, the Constitutional Court was asked to assess whether some of the proposed amendments were compatible with the Portuguese Constitution. In other words, this was not a review of a law already approved by the Government, but rather a prior analysis of a legislative proposal aimed at identifying potential constitutional issues.
The Constitutional Court found that some of the proposed provisions were unconstitutional, which is why those specific rules cannot enter into force as they were drafted. The provisions concerned were the following:
- Automatic bar to nationality after a custodial sentence of two years or more;
- Exclusion of nationality consolidation in cases of “manifest fraud” without objective criteria;
- Application of new legal requirements to nationality applications already pending;
- Power to cancel nationality based on conduct described as “rejecting adherence to the national community”;
For this reason, it is essential to stress that the issues that most concern prospective nationality applicants were not under this review. In particular, the potential increase in the residence period required to submit a nationality application, as well as the method for counting that period, were not discussed.
The Government will now reformulate the draft law, removing or adjusting the provisions deemed unconstitutional, and will resubmit it to Parliament. This is a normal step in the legislative process and does not, in itself, imply any substantial change to the rules currently in force. There are indications that this resubmission may only take place in January 2026.
Although these matters were not examined by the Constitutional Court, the pressure exerted by lawyers, associations, and various stakeholders in the sector keeps alive the expectation that the Government may introduce adjustments regarding the residence period and its method of calculation. However, until the final version of the law is approved and published, nothing has been decided.
At this stage, the recommendation is one of caution and reliance on accurate information. Only with the publication of the final law will it be possible to assess, with legal certainty, the actual impact of any changes to the Portuguese nationality regime.
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The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.