Portuguese Nationality, Delays and Legal Change: What It Means for LongTermResidents and Investors

By Lidiane de Carvalho

As expected, and as anticipated in our earlier analysis [Portugal Nationality Law 2026: What the New Changes Mean for You] – the recent amendments to the Portuguese Nationality Law are already generating intense legal and constitutional debate around the protection of legitimate expectations, legal certainty and trust in a democratic state governed by the rule of law.

This debate is particularly relevant for individuals who organized major personal, family and financial decisions based on the legal framework previously in force.

In practice, several distinct situations are now emerging, each with different legal implications, for example:

▪️ individuals who had already initiated immigration, residence or investment procedures before the entry into force of the new law and argue that their legitimate expectations were frustrated after relocating, investing and structuring their lives under the previous regime;

▪️ applicants affected by the new residence time-counting rules, especially where substantial delays resulted from administrative omissions, backlogs or inefficiencies attributable to the State itself;

▪️ residents who were close to completing the previous five-year residence period required for nationality applications under the former legislation.

The absence of a broader transitional regime and the removal of the previous rule on the counting of residence time have become some of the most debated aspects of the reform. They are likely to play a central role in future litigation and in constitutional review discussions.

It is important to note that the debate regarding the counting of residence time is not new. The issue had already been politically and constitutionally scrutinized during the legislative process itself.

The Constitutional Court intervened in the preventive constitutional review of an earlier version of the reform, emphasizing the constitutional relevance of proportionality, legal certainty and the protection of legitimate expectations in matters of nationality. During the political debate, the President of the Republic also publicly stressed that pending processes should not be negatively affected by legislative amendments, highlighting concerns regarding trust in the legal system and the stability of the State’s commitments.

At the same time, the discussion is already expanding beyond constitutional law alone.

Depending on the specific circumstances of each case, affected individuals may seek to invoke:

▪️ protections arising under Portuguese constitutional and administrative law, including principles of legal certainty, proportionality, equality and protection of legitimate expectations, as well as the possibility of challenging administrative acts and omissions before the Portuguese administrative courts;

▪️ European law arguments, particularly in situations involving long-term residents, EU family rights, non-discrimination principles or disproportionate restrictions affecting integration and free-movement expectations;

▪️ international protection mechanisms, especially in cases involving foreign investors who structured significant investments based on the legal framework and public representations in force at the time.

From a practical perspective, this may translate into different types of individual proceedings. In some cases, the focus will be on challenging negative nationality decisions or new time-counting interpretations before the administrative courts, seeking the annulment of the act and, where appropriate, an order requiring the authorities to adopt the legally due decision.

In other situations, the core issue will be prolonged inaction or serious delay by the administration. In those cases, the available tools may include actions aimed at compelling the authority to decide and, in exceptional circumstances, urgent procedures designed to ensure effective protection of fundamental rights within a reasonable time frame.

At this stage, one point remains essential: each case must be analysed individually. The procedural stage, factual timeline, residence category, investment structure, evidence of reliance and the existence of administrative delays may all significantly affect the legal assessment and the remedies that may realistically be available.

This post provides general information and does not constitute legal advice. Individuals affected by the recent amendments should seek tailored legal assessment before making strategic decisions about their residence and nationality plans.

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