Constitutional Court Suspends Stricter Citizenship Law, Immigrants Wait

The clash over Portugal’s latest nationality overhaul has entered a decisive phase: André Ventura shouts betrayal, the Socialist Party calls for judicial scrutiny and the Constitutional Court now holds the pen that will either sign off on—or stall—one of the most consequential pieces of legislation this year. For thousands of immigrants counting the days until they can apply for a Portuguese passport, the clock has abruptly stopped.

What triggered Ventura’s latest outburst

A few hours after the PS confirmed it had filed a preventive review request, the leader of Chega marched into the press room of the Assembly and branded the move a "betrayal of the Portuguese people." In Ventura’s reading, the Socialists are “permanently blocking” laws designed to tighten citizenship criteria. The immediate spark was the new Nationality Law passed in late October with votes from the PSD, Chega, IL and CDS, containing provisions Ventura has pushed for since his first term, including a longer residence requirement, mandatory language tests and the possibility of stripping nationality in cases of serious crime. By sending the text to the court, the PS—now in opposition—has, in Ventura’s words, formed an "unholy alliance" with "reactionary judges" and even the "complicit" President Marcelo Rebelo de Sousa, who must wait for the ruling before signing or vetoing.

Behind the stricter nationality rules

The legislation rewrites several pillars of Portuguese jus soli and jus sanguinis. Children born in Portugal to foreign parents will no longer obtain citizenship at birth unless one parent holds 3 years of legal residence. Adult applicants will face 7 years of residence if they come from the CPLP or EU, and 10 years otherwise. The law insists on a "genuine link" with Portugal, measured through Portuguese-language proficiency, knowledge of history and constitutional principles, and a clean criminal record—although the precise threshold for “serious crime” remains controversial. Another headline change is the end of the Sefardic fast-track, a move that has already rattled diaspora associations in New York and Tel Aviv. Supporters argue the package restores the “dignity of nationality”; critics warn it rolls back decades of inclusive policy and could sour relations with Lusophone partners such as Brazil and Angola.

Why the Socialists turned to the Constitutional Court

The PS legal memo, delivered on 14 November, highlights four constitutional red flags: potential breaches of the principle of equality, erosion of legitimate expectations under the principle of trust, lack of a transitional regime, and the controversial clause allowing loss of nationality for criminal convictions. Socialist jurists insist the Constitution forbids automatic penalties that extinguish fundamental rights and that Parliament ignored earlier court warnings on proportionality. They also argue that excluding the months—or sometimes years—spent waiting for a residence permit from the calculation of legal stay unfairly punishes families already integrated in Portugal’s labour market and schools. For the PS leadership, sending the law to the court is not obstruction but a “democratic safeguard.”

Constitutional hurdles: earlier rulings point the way

The Constitutional Court has struck down similar provisions before. Ruling 599/2005 established that nationality cannot be used as an ancillary punishment. More recently, decisions 331/2016, 534/2021 and 497/2019 invalidated rules that barred applicants solely because they had once faced sentences above a certain threshold. Judges invoked the ban on automatic effects of criminal law and the need for individual proportionality assessments. Two fresh opinions this year—78/2025 and 147/2025—criticised counting residence only from the date a permit is issued. Legal scholars therefore expect the panel to examine whether the new bill repeats mistakes the court has already condemned. If even one article is ruled unconstitutional, the President must veto the whole diploma or return it for revision.

Political temperature at São Bento and Belém

The nationality debate is amplifying ideological lines inside Parliament. The PSD government frames the law as a bulwark against "uncontrolled migration" and a guarantee that newcomers embrace Portuguese values. Iniciativa Liberal backs the stricter tests but balks at losing nationality for crimes, seeing it as state overreach. On the left, the BE labels the reform “xenophobic,” while the PCP calls it hypocritical that €500 000 investments under the gold-visa scheme still pave a golden path to citizenship. Amid the shouting matches, President Marcelo keeps a cautious distance, stressing only that he “cannot bypass the Constitution.” Polls show the public split: urban centres with large expatriate communities fear the chilling effect, whereas interior districts facing school closures applaud what they see as a defence of national cohesion.

Impact on foreign residents and Portuguese communities abroad

Until the court rules, existing rules—5 years of legal residence and more generous jus soli—remain in force. Lawyers report a surge in clients rushing to lodge applications before any stricter criteria take effect. Community organisations in Lisbon and Porto warn of administrative overload at IRN counters. Portuguese emigrant circles, especially in France and Luxembourg, follow the debate closely because tougher domestic rules can influence bilateral agreements on dual nationality. For many mixed-nationality families, the uncertainty complicates decisions on mortgages, university fees and job offers that hinge on an EU passport.

What happens next

The Constitutional Court traditionally delivers preventive reviews within 25 days, meaning a decision could arrive before Christmas. If the judges green-light the bill, the President must decide whether to promulgate immediately or send it back to Parliament for political reasons. Should the court strike down even one core article, a complete rewrite may be unavoidable—potentially opening a fresh window for amendments on residence counting and transitional protections. Either way, the nationality dossier is set to dominate the political winter, shaping not only Portugal’s demographic path but also the credibility of parties that pledged to make the system both fairer and more robust.