Tribunal Constitucional Will Issue Opinion on Monday Regarding the Nationality Law

The Constitutional Court is expected to announce next Monday its opinion on the new Nationality Law approved by Parliament. The decision will have a direct impact on thousands of immigrants seeking to acquire Portuguese nationality.

1. Context: Legislative Changes to the Nationality Law

On October 28, 2025, Parliament approved a package of substantial amendments to the Nationality Law, including significant changes to the requirements for acquisition or loss of Portuguese nationality. Among the main proposed changes were: longer residence periods, stricter rules related to cultural and linguistic integration, restrictions on acquisition by descent, and tougher conditions regarding loss of nationality on criminal grounds.

These measures represented a tightening of the nationality regime, with the stated objective of reinforcing effective links to the national community and preventing what some lawmakers described as automatic uses of citizenship.

2. Preventive Constitutional Review by the Constitutional Court

Shortly after approval in Parliament, the Socialist Party (PS) parliamentary group triggered a rare constitutional mechanism: a request for preventive constitutional review of the new law before the Constitutional Court.

Under the Portuguese Constitution, a group of members of Parliament may request such a review before a law enters into force. The PS aimed to prevent the law from taking effect until the Court assessed whether it violated fundamental principles of the Portuguese Constitution.

Two separate requests were submitted:

One concerning the rules on loss of nationality;

Another regarding the broader changes to the acquisition regime.

The legal deadline for the Court’s decision is 25 calendar days, placing the expected announcement by December 15, 2025.

3. What Is Being Debated in the Constitutional Court

The preventive review raises several constitutional issues, including:

a) Protection of Legitimate Expectations and Legal Certainty

PS lawmakers argue that some provisions of the new law violate the principle of protection of legitimate expectations and legal certainty, particularly regarding the counting of residence time and potential retroactive application of rules.

b) Clarity and Determinability of Legal Norms

Certain provisions — such as the possibility of opposing nationality based on “conduct revealing rejection of the national community” — have been criticized as vague and difficult to apply in practice.

c) Loss of Nationality

Another contested issue concerns loss of nationality due to unlawful acts, with requirements that, according to the Socialists, are not sufficiently connected to the protection of the State’s essential interests.

4. The Decisive Role of the Constitutional Court

The Constitutional Court has three possible paths in its ruling:

Declare the new law totally or partially unconstitutional — requiring Parliament to amend the text before promulgation;

Fully validate the law — allowing the President of the Republic to promulgate it;

Issue a constitutional interpretation — approving the law but with interpretative restrictions to ensure compliance with the Constitution.

Until the law is published, which will only occur after the Court’s decision, it remains suspended and the previous rules continue to apply.

5. Political Debate and Reactions

Party Rejection and Support

Socialist deputies defend the preventive review as necessary to protect fundamental rights.

On the other hand, parties such as the PSD and CDS-PP have submitted opinions defending the constitutionality of the law and criticizing the PS for allegedly acting for political rather than legal reasons.

Additional Discussion: Counting Administrative Waiting Time

A petition has been accepted to assess whether administrative waiting time should count for nationality purposes, an issue raised by Brazilian lawyers and jurists in Portugal.

6. Practical Implications for Immigrants

While the Constitutional Court has not yet issued its decision, the previous rules remain in force. This means:

Those planning to apply for Portuguese nationality are still subject to the current criteria;

There are no immediate changes to deadlines or requirements until the law is published;

The decision may significantly reshape naturalization requirements in the coming years.

Conclusion

The Constitutional Court’s decision on the new Nationality Law represents a crucial moment for migration and citizenship policy in Portugal. The outcome may reinforce, amend, or block significant parts of the legislative changes recently approved by Parliament, directly impacting thousands of foreign residents seeking Portuguese nationality.

Do not wait for the changes to be confirmed. If you already meet the requirements to apply for Portuguese nationality, submit your application immediately or you may lose your right.