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 have significantly altered the path to Portuguese citizenship for many. Update: the reform is now law. Organic Law 1/2026 was signed by the President on 3 May 2026, published on 18 May 2026 and entered into force on 19 May 2026.
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. When this analysis was first written, these were proposed measures facing strong legal and judicial challenges. After a Constitutional Court review, Parliament approved a revised version in April 2026.
Key Amendments (Now in Force):
- Extended Residency Requirement: An increase from 5 years to 10 years for most nationalities (7 years for EU and CPLP nationals).
- Residence Counted From the First Permit: The qualifying period now runs from the date the first residence permit is issued, so time spent waiting for the first permit no longer counts.
- Stricter Family Reunification Rules: New limitations were proposed for certain family member pathways as part of the wider immigration reforms.
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 sent the first version of the bill to the Constitutional Court for review.
- Partial Unconstitutionality: The Court declared certain aspects of the first version unconstitutional.
- Revised Law Adopted: Parliament approved a revised version in April 2026, which the President signed on 3 May 2026.
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 forced the government to amend the bill before it could become law.
The final law includes a transitional rule: citizenship applications filed on or before 18 May 2026 are processed under the old five-year rules, while applications from 19 May 2026 follow the new requirements. Whether residence already accrued counts toward the new clock for people still at the residence stage remains disputed, so affected investors should take legal advice. The law also requires knowledge of Portuguese language, culture and civic principles.
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.
