The Portuguese government has presented a new legislative package that significantly tightens immigration and nationality laws.

The proposals are scheduled to be debated in Parliament next week, and their approval is considered highly likely due to expected support from right-wing parties.

These sweeping changes aim to impose stricter entry and integration criteria, while introducing mechanisms that we view as exclusionary and legally questionable.

Among the most debated measures are the extension of residency requirements for nationality, the introduction of new cultural and civic tests, and the retroactive application of rules to pending citizenship applications.

This is, without a doubt, a development that raises serious concerns about constitutional validity and legal certainty.

 

Key Proposals in the New Legislation

 

•  Longer Residency Before Citizenship

One of the most impactful proposals is the extension of the legal residency period required for naturalisation.

The minimum period will increase from five to seven years for nationals of Portuguese-speaking countries, and from five to ten years for all other foreign citizens.

More critically, the start of this period will no longer coincide with the applicant’s arrival in Portugal, but rather with the issuance of the first residence permit.

This change alone could delay eligibility for thousands of current immigrants and residents.

 

•  New Tests on Language, Culture, and Democratic Values

In addition to demonstrating proficiency in Portuguese, applicants for nationality will be required to pass cultural and civic knowledge tests.

These will assess the individual’s understanding of Portuguese institutions, democratic values, and fundamental rights and duties.

Critics argue, and we agree, that this additional layer of evaluation may disproportionately affect lower-income and less formally educated applicants, undermining equality of access to citizenship.

 

• Tougher Criminal Record Requirements

The proposed law would expand the criminal record requirements in ways that are deeply concerning.

Under the new framework, any criminal conviction resulting in prison time—regardless of the length—may render the applicant ineligible for nationality.

Furthermore, the Government proposes the introduction of nationality revocation for naturalised citizens convicted of crimes carrying sentences of five years or more.

This raises serious concerns regarding proportionality, discrimination, and constitutional guarantees.

Even if approved, we anticipate this provision will be contested and subject to scrutiny by the Constitutional Court.

 

• Retroactive Application of Key Rules

Although official statements suggest that the law will only apply prospectively, a crucial exception is already foreseen.

Citizenship applications submitted from 19 June 2025 onward will be subject to the new rules, even before the law is formally enacted.

This approach is, in our view, legally indefensible. It undermines the principle of legal certainty and opens the door to serious constitutional violations.

 

•  Family Reunification to Require Two Years of Residency

The proposed legislation also affects family reunification rights.

Under the new framework, immigrants will only be able to reunite with family members after a minimum of two years of legal residence in Portugal.

Moreover, criteria concerning adequate housing and financial stability will become more rigid.

These measures risk exacerbating emotional hardship and bureaucratic delays for migrant families already navigating complex legal procedures.

 

• Stricter Rules for CPLP Nationals

A further point of concern is the proposed change to the current regime applicable to citizens of CPLP countries (Community of Portuguese Language Countries).

The new rules will prohibit CPLP nationals from applying for residency using a tourist visa or via visa exemption. Instead, a prior consular residence visa will become mandatory.

This constitutes a clear departure from Portugal’s traditional openness to Lusophone mobility and will directly affect citizens of countries such as Brazil and Timor-Leste.

 

• Fast-Track for the “Highly Qualified” Only

Finally, the Government intends to maintain the job-seeker visa exclusively for highly skilled professionals, while creating a so-called “green channel” for foreign researchers, professors, and students.

This reflects a migration policy increasingly focused on privileging elite profiles, rather than promoting broader integration.

 

 

Legal Uncertainty and Constitutional Questions Ahead

 

Although the legislative package is expected to pass, its full implementation remains legally uncertain.

We anticipate that some of its more controversial aspects—particularly the retroactive provisions and nationality revocation rules—will be subject to constitutional challenges.

Until these issues are clarified, the timeline and legal effects of the reforms remain unclear, creating significant confusion and anxiety for current and prospective applicants.

As Portugal redefines its approach to immigration, we are compelled to question whether these measures reflect a fair and inclusive model or signal a politically driven and restrictive shift. We lean to the latter.

Either way, these are the changes we must now prepare to address.

 

 

It is important to stress, however, that we are still at the very beginning of the legislative process.

These are merely draft proposals approved at Council of Ministers level, which must still undergo parliamentary debate and final approval by the President of the Republic.

At this stage, we are not yet dealing with binding law, but with legislative intentions subject to further change.

For further clarification or immediate legal assistance, please contact us directly.

 

 

GSN – Garcia, Silva & Nunes, Sociedade de Advogados