The decision of the Constitutional Court regarding the new Portuguese Nationality Law brought partial relief, but also confirmed significant changes affecting immigrants living in Portugal.

While some provisions were deemed unconstitutional, others—equally sensitive for the foreign community—were upheld and are expected to come into force after the final legislative steps in Parliament.

To clarify the practical impact of the decision, we will address what did not pass, what was approved, and what was not even reviewed by the Court but has already been approved.

As recently occurred with the Foreigners Law, the changes are expected to advance in a phased manner.

What the Constitutional Court considered constitutional

The Court decided not to block two key changes that directly affect nationality applications:

• The removal of the provision that allowed the waiting period for a residence permit to be counted toward Portuguese nationality applications;

• The absence of a transitional regime, even for changes that extend deadlines and make access to nationality more difficult.

This means that only periods of residence with a valid permit may be counted, regardless of administrative delays.

What has already been approved and was not reviewed by the Constitutional Court

Some provisions were not submitted to constitutional review and therefore remain valid, although they are not yet in force. These include:

• The end of the possibility to apply for Portuguese nationality based on the birth of a child in Portugal;

• The requirement of five years of legal residence with a valid permit for children born in the country to be entitled to nationality;

• The increase in the minimum period of residence with a valid permit:

  • from five to seven years for citizens of CPLP countries;

  • to ten years for citizens of other countries;

• The definitive termination of the special regime for descendants of Sephardic Jews.

What was deemed unconstitutional

The Court struck down several provisions that, according to the judges, violated fundamental principles of the Portuguese Constitution. The following were deemed unconstitutional:

• Loss of nationality as an ancillary penalty in certain criminal cases;

• Denial of nationality based on subjective concepts, such as alleged rejection of the national community, institutions, or national symbols;

• The rule barring nationality for individuals sentenced to two years or more of imprisonment;

• Automatic exclusion in cases of “manifest fraud” without a clear definition;

• The requirement that all criteria be met at the time of application, without the possibility of later supplementation.

These provisions must be reformulated.

Next steps in Parliament

Following the Court’s decision, the Portuguese government must amend only the annulled articles and resubmit them to Parliament for a new vote. A full reassessment of the law will not be required, which should accelerate the process.

However, the political calendar may cause delays.

The final plenary session before the parliamentary recess will take place tomorrow, December 17, with work resuming only in January.

Additionally, parliamentary activities will be interrupted due to presidential elections.

What changes, in practice, for immigrants

Until the amendments come into force, the current deadlines will continue to apply.

This benefits, for example, individuals nearing the completion of five years of residence or families awaiting the birth of children in Portugal.

In short, the Constitutional Court’s decision did not prevent a tightening of the Nationality Law, but it eliminated provisions considered excessively punitive or vague.

The current scenario calls for heightened attention from immigrants, who should closely monitor the upcoming legislative steps to assess the best moment to submit their applications.

The debate over Portuguese nationality remains open and has a direct impact on thousands of lives.