The current Portuguese government, elected on 18th May 2025, took power on the 5th of June 2025. In the same month, the government proposed a significant reform to Portugal’s nationality law – which has caused doubts and uncertainties among expat communities and residency and citizenship applicants.
September 2025 Update
The Superior Council of the Judiciary (Conselho Superior da Magistratura) issued a formal opinion on the matter.
It recommended that the proposed loss of nationality provision should only apply in cases of abuse or fraud in acquiring nationality, and not as a punishment for crimes committed after naturalisation.
The Council warned that stripping nationality based on criminal convictions would risk being unconstitutional and would create a “second-class” citizenship.
Earlier in the month, the parliamentary committee on Rights, Freedoms and Guarantees extended its discussion, confirming expert hearings throughout September. The goal is to conclude the debate before the State Budget discussions in October, and Portugal Homes will keep you updated as more information becomes available.
Court and Presidential Roadblocks
On August 8th 2025, the government’s proposed immigration reform, closely tied to its nationality law agenda, met two of its harshest roadblocks: the Constitutional Court and the President of the Republic himself.
In its preventive review, Acórdão 785/2025, the Constitutional Court struck down key immigration clauses, which were linked to the broader new nationality law, as unconstitutional. These involved family reunification rights, administrative delays, unclear legal conditions, restricted judicial access, and the rushed enactment process.
On the same day, President Marcelo Rebelo de Sousa vetoed the decree, sending it back to Parliament. This was a decisive blow to the government’s plans and confirmed that constitutional limits would prevail over rushed reforms.
What did the Constitutional Court Decide?
Family Reunification is Too Restrictive (Article 98.º)
The Court struck down provisions that restricted family reunification mainly to minors already in Portugal and imposed a 2-year wait for reuniting with family abroad, as this technically excluded spouses and adult family members already present, unless certain new conditions were met.
It also declared the 2-year residency requirement before residents could reunite with family members outside Portugal as invalid, since this severely limited the right to family unity – which is consecrated in the Constitution.
These restrictions were deemed disproportionate and in breach of constitutional protections, including that of the interest of the child.
The Court also held that these rules created unequal treatment (e.g. between Golden Visa/investment-type permit holders and other residents), violating the principles of equality and non-discrimination.
Administrative Delays & Removal of Tacit Approval (Article 105.º)
The proposed law demanded that decisions on reunification applications to be made in 9 months, extendable by another 9 months under vaguely defined “exceptional circumstances”.
The Court found this unreasonably long, especially with the removal of “tacit approval” (auto-approval if no decision is given).
This could result in delays of up to 3.5 years in reuniting families, which is a clear violation of the constitutional requirement for timely administration and effective protection of fundamental rights like family unity.
Unclear and Overly Vague Legal Concepts (Article 101.º & General Concerns)
Conditions like “adequate housing,” “sufficient means of subsistence,” and integration obligations (e.g., Portuguese language, civic knowledge, school attendance) were deemed insufficiently defined and left to regulation via secondary legislation (Portarias), raising concerns about legal certainty.
The Court warned that these indeterminate legal concepts could produce arbitrary or discriminatory applications, lacking clarity for both applicants and authorities.
Limits on Judicial Solutions
The proposed law restricted judicial action against AIMA, allowing lawsuits only if the violation was deemed ‘grave, direct and irreversible’.
The Court struck this down as an unconstitutional barrier to effective judicial protection under both Portuguese and EU law, including the EU Charter, Article 47.
Procedural Issues: Lack of Consultations and Democratic Legitimacy
The Court emphasised that the law was pushed through under an urgent legislative process without required consultations with key bodies:
- The Council of Administrative and Fiscal Courts;
- The Council of the Judiciary;
- The Bar Association;
- The Public Prosecutor’s Council.
Several of these consultations are legally mandatory.
This failure undermines the law’s democratic legitimacy, though it did not by itself make the law unconstitutional under preventive review.
Still, the Court used it to embolden its concerns about how rushed and procedurally weak the process was.
Keep Yourself Updated
At Portugal Homes, we understand that changes to nationality and immigration law can create uncertainty for those planning their future.
Our team remains vigilant in monitoring every stage of this reform process.
We are committed to providing timely updates and clear guidance, ensuring that our clients and partners are always informed of the latest developments and their potential impact.
If you're still on the fence about Portugal, now is the time to act - especially when nothing is set in stone yet.
