Recent legislative proposals in Portugal have sent ripples of uncertainty through the investor community, particularly for those pursuing the Golden Visa program. Cross Border Freedom has been closely monitoring these developments, which could significantly alter the path to Portuguese citizenship for many.
The core of the proposed changes includes extending the residency requirement, excluding administrative waiting periods from the calculation of legal stay, and introducing stricter conditions for family reunification. It is crucial to note that these are currently proposed measures and have already encountered significant legal and judicial challenges, meaning their final form is far from settled.
Key Proposed Amendments:
- Extended Residency Requirement: An increase from the current 5 years to a proposed 10 years.
- Exclusion of Administrative Waiting Periods: Time spent between application submission and residency permit issuance/renewal will no longer count towards the residency duration.
- Stricter Family Reunification Rules: New limitations are being proposed for certain family member pathways.
The Jorge Miranda Legal Opinion: A Historical and Unprecedented Challenge
In response to these proposed changes, Jorge Miranda, a distinguished constitutional law professor and a key architect of Portugal’s 1976 Democratic Constitution, alongside Roy Tavares Lacerda, has published an 82-page legal report. The significance of this report lies in the fact that Miranda himself is challenging the very principles he helped establish, which the current government is accused of violating.
According to these legal experts:
- Retroactive Application of Citizenship Laws is Illegal: The proposed changes infringe upon the rights of applicants who have already met the previous criteria.
- Excluding Waiting Periods Violates Human Dignity: This exclusion makes applicants unduly dependent on administrative decisions, which is contrary to human dignity.
- Family Reunification Restrictions Contravention of Justice: The proposed limitations on family reunification are deemed incompatible with the principles of justice and the Portuguese Constitution.
- Violation of European Convention on Nationality: The report explicitly states that these proposed changes “viola frontalmente a proibição de aplicação retroativa de leis que restrinjam direitos, liberdades e garantias” (grossly violate the prohibition of retroactive application of laws that restrict rights, freedoms, and guarantees).
Source: dnoticias.pt
Implications for Golden Visa Investors
Investors who entered Portugal with the expectation of a 5-year path to citizenship and residency under the current Portugal Golden Visa regulations now face significant anxiety and uncertainty:
- Erosion of Trust: Confidence in Portugal’s legal and immigration system is seriously jeopardized.
- Diminished Attractiveness: Portugal’s standing as a prime destination for investment and Golden Visa acquisition is now questionable.
- Family Planning Disruption: Families who structured their future based on existing laws face considerable legal and temporal challenges.
Political Reactions in Portugal
- Presidential Referral: The President of Portugal has forwarded the bill to the Constitutional Court for review.
- Partial Unconstitutionality: The Court has already declared certain aspects of the proposed reforms as illegal.
- Legislative Delay: Consequently, the Parliament has postponed the final vote until October.
Exclusive Analysis by Cross Border Freedom
According to CBF Iran’s analysis:
For applicants pursuing Portuguese passports via the Golden Visa, these proposed reforms necessitate a serious re-evaluation of their long-term plans. However, the strong legal and judicial opposition indicates that the government will likely be compelled to amend and moderate the bill.
It is highly probable that transitional provisions will be introduced to safeguard current applicants, ensuring that those who initiated their applications under the previous regulations will still benefit from the shorter residency path.
Conclusion
At CBF, we are committed to meticulously tracking legal transformations to empower investors and citizenship applicants to make confident and secure decisions. If you are considering investment and the path to a Portuguese passport, our seasoned consultants are ready to guide you through the latest changes, ensuring the security of your capital and your family’s future.
