PS Pauses the New Nationality Law by Triggering a Constitutional Review

President Weighs Options, PS Raises Alarms, and Foreign Residents Brace for Impact

Portugal’s sweeping reform of its Nationality Law — approved in Parliament on 28 October — is now at the centre of a constitutional and political storm, with the future of thousands of foreign residents hanging in the balance.

Though the bill was passed with a comfortable super-majority, it has not yet been promulgated and remains inactive. Legal experts, political parties, and affected residents now expect either a presidential veto or a preventive review by the Constitutional Court, a mechanism that would freeze the law until judges rule on its constitutionality.

At stake are major changes to how and when foreigners can become Portuguese citizens — and whether those already living under the current 5-year rule will be protected.

What the New Law Actually Does

The reform introduces the biggest overhaul of naturalisation in two decades. According to government briefings and legal analyses published in the last hours, the law would:

Extend residence requirements to 10 years for most non-EU nationals and 7 years for EU and CPLP citizens.
Start the residence clock only from the issuance of the first residence card, rather than visa or application date.
Introduce broader integration tests, covering language, history, culture, basic civic knowledge, and national symbols.
Tighten criminal record rules, lowering thresholds for blocking naturalisation.
Restrict jus soli for children born in Portugal to non-citizens.
Close the Sephardic Jewish ancestry route to new applicants.

These provisions are not disputed: they are written plainly into the parliamentary text. What is disputed is whether they can be applied to people already in the system, and whether the way the government intends to count residency complies with the Constitution.

The Constitutional Tripwire: Trust, Rights, and Retroactivity

Portugal’s Constitution protects two key principles that have now moved to centre stage:

Princípio da confiança (legitimate expectations) — meaning the state cannot arbitrarily upend long-term rules that people relied upon to build their lives.
Non-retroactivity of restrictive laws — new rules cannot make a right harder to obtain for someone already in process.

Legal specialists cited in the past 24 hours argue that starting the clock only when a residence card is issued, rather than when an application or visa is filed, may violate both principles. The state’s own delays — often 18–36 months — would effectively erase years of residence already lived lawfully in Portugal.

The Socialist Party (PS), which voted against the law, has been the loudest voice on this front. After tabling a series of constitutional objections in committee, PS is now urging deeper scrutiny, warning that the reform “undermines trust in the State and penalises those who followed the law.”

While PS has not yet formally filed a preventive review request, it is widely expected to push for it — or at minimum to pressure the President to do so.

Where the President Fits In

The President of the Republic has three legal options:

Promulgate the law as is.
Veto it and return it to Parliament with explanations.
Send it to the Constitutional Court for preventive review.

If a preventive review is triggered, the law becomes immediately frozen — it cannot be signed, published, or enter into force until the Court rules, typically within 25 days.

President Marcelo Rebelo de Sousa has already used preventive review on the controversial Foreigners Law this month. Observers note that he has repeatedly voiced concerns about retroactive elements in nationality law, suggesting he may consider similar action here.

Four Competing Narratives Are Now Driving the Debate

1. “This is overdue — Portugal was too lenient.”

This camp argues that:

10 years is standard across Europe.
Citizenship should reflect deep integration.
Stronger language and civic tests are common sense.
Criminal tightening protects national security.

For them, calls for constitutional review are political theatre by a party (PS) that previously oversaw large, rapid waves of migration.

2. “The reform is unconstitutional and punitive — and a political mistake.”

Opponents highlight:

The absence (or weakness) of grandfathering for people already in the system.
The erasure of years spent waiting for state bureaucracy.
The destabilisation of families, investors, and long-term residents.
The risk that pushing too hard on nationality fuels far-right expansion rather than resolving underlying social tensions.

Golden Visa investors — who contributed hundreds of thousands of euros to qualify for residence — are particularly enraged, calling the change a “rug pull”.

3. “The real issue is not 10 years — it’s when the clock starts.”

This more technical perspective accepts longer timelines but insists that residence must be counted from the moment legal stay begins, not from when a card arrives after years of administrative delay.
For many jurists, this is the most constitutionally fragile part of the law.

4. “Both sides are playing politics — and the stakes are now explosive.”

Political observers warn that:

AD, Chega, and IL now command a two-thirds super-majority capable of rewriting parts of the Constitution.
If the Court strikes down elements of the law, the right may use the moment to push even broader constitutional revisions.
PS risks alienating voters on an issue many Portuguese see as tied to national identity.

In this reading, the nationality reform has become a test of political muscle — not merely a legal exercise.

What It Means for Foreign Residents — Right Now

Here is the key fact:

The new Nationality Law is NOT in force.

The current rule remains:

5 years of legal residence for standard naturalisation.

Until the President signs the law — or until the Constitutional Court rules — all applications continue under the existing framework.

Immigration lawyers are already advising eligible residents to submit naturalisation applications immediately, before the new regime can take effect.

What Happens Next

Portugal now enters a tense waiting period. The President’s decision will determine the next chapter:

Promulgation → new rules come into force after publication.
Veto → Parliament must reconsider or override.
Preventive review → the Constitutional Court becomes the final arbiter.

Whichever path is chosen, the outcome will shape not only the future of naturalisation, but also Portugal’s broader debate over migration, integration, and constitutional boundaries.

For the thousands of families and investors who planned their lives around the 5-year rule, uncertainty remains the only certainty — for now.

The Portugal Post will continue to follow developments closely as the Presidency, Parliament, and Constitutional Court navigate one of the most consequential legal reforms of the decade.