Portugal’s Constitutional Court has delivered a decisive ruling that halts several recent changes to the country’s 10-year Nationality Law, declaring them unconstitutional and legally unsound. Furthermore, the decision, handed down on Monday (15 December), prevents the amendments from coming into force and keeps the existing citizenship rules in place for now.
Portuguese 10 Year Citizenship Background
Portuguese citizenship is governed by the Nationality Law, formally known as Law No. 37/81. Over the years, this legislation has been amended multiple times to reflect shifting political priorities and social realities. The most recent set of changes was approved on October 28, 2025, but quickly became the subject of legal and political dispute.
Less than three weeks later, on November 13, the Socialist Party (PS), currently the third-largest force in Parliament, submitted the revised law to the Constitutional Court for review. The party argued that the amendments breached core constitutional principles, including equality before the law, proportionality in limiting fundamental rights, and legal certainty for those already in the system.
At the heart of the controversy were stricter rules for acquiring Portuguese nationality. The amendments doubled the standard residency requirement for naturalisation from five years to ten years. For citizens of the European Union and Portuguese-speaking countries within the CPLP, the requirement was raised from five years to seven.
Residence Calculated for Citizenship
Another significant change altered how residency time is calculated, starting the clock only from the date the first residence card is issued, rather than from the initial application date. The law also introduced provisions allowing the loss of nationality following convictions for serious crimes.
After reviewing the case, the Constitutional Court struck down four provisions of the amended law. One of the most significant rulings concerned the automatic exclusion of anyone convicted of a crime punishable by two years or more from obtaining Portuguese citizenship. The court found this rule to be a disproportionate restriction on the fundamental right of access to nationality. Judges also stressed that the Portuguese Constitution explicitly forbids criminal sentences from automatically resulting in the loss of civil, professional, or political rights.
The court also rejected a provision dealing with fraud in nationality cases. The rule attempted to deny legal protection to so-called bona fide holders of nationality in cases of “manifest fraud,” but failed to define how such fraud should be identified. According to the judges, the lack of clear criteria created legal uncertainty and opened the door to arbitrary decisions.
Changes to the qualifying residency period were likewise deemed unconstitutional, particularly because they disrupted the legitimate expectations of applicants who had already submitted their requests under the previous legal framework. The court emphasised that individuals should not be penalised retroactively by sudden rule changes while their applications are still pending.
Loss of Nationality
Furthermore, another controversial clause addressed the loss of nationality for individuals who allegedly act against the national community, its institutions, or its symbols. The court ruled this provision unconstitutional as well, noting that the law provided no concrete explanation of what behaviour would meet this threshold. Without clear definitions, the judges argued, such a rule would be incompatible with constitutional safeguards.
5 Year Citizenship Law Continuous
As a result of the ruling, the amended nationality law cannot be implemented in its current form. Until a revised version is approved by Parliament, reviewed by the Constitutional Court, and formally promulgated, Portugal’s existing nationality law remains fully in force.
For thousands of residents awaiting citizenship decisions, the ruling restores legal stability, at least temporarily. It also sends a clear signal that any future reforms to nationality law must respect constitutional limits and protect fundamental rights.
Summary of Old and New Citizenship Rules
| Aspect of the Law | Previous Rules (Before Amendments) | New Changes Approved by Parliament (Now Blocked) |
| Residency requirement for naturalisation | Applicants were required to live legally in Portugal for 5 years before applying for citizenship. | The residency requirement was increased to 10 years, significantly delaying eligibility for naturalisation. |
| Residency requirement for EU and CPLP nationals | EU and CPLP citizens could apply for citizenship after 5 years of legal residence. | The qualifying period was raised to 7 years for EU and CPLP nationals. |
| Start date for counting legal residence | The residency period began from the date of the initial residence application, even if the permit was issued later. | Residency time would start only from the date the first residence card was issued, excluding months or years of waiting time. |
| Criminal convictions and access to citizenship | Criminal records were assessed case by case, allowing authorities to consider the seriousness and context of offences. | Anyone convicted of a crime punishable by two years or more would be automatically barred from citizenship. |
| Loss of nationality for serious crimes | Portuguese nationality could not be automatically revoked as a result of criminal convictions. | The amendments allowed for the loss of nationality in cases involving serious criminal convictions. |
| Fraud-related cancellation of nationality | The law distinguished between good-faith applicants and fraudulent cases using established legal principles. | A new rule referred to “manifest fraud” without clearly defining how it differs from ordinary fraud. |
| Pending citizenship applications | Applications were assessed under the rules in force at the time of submission, protecting applicants’ expectations. | The new rules would apply to pending applications, altering conditions mid-process. |
| Acts against the national community | There was no specific provision allowing nationality loss based on undefined acts against the state or its symbols. | Citizenship could be cancelled for acting against the national community, without clear definitions of such behaviour. |