On 18 May 2026, the Portuguese Parliament approved amendments to the Nationality Law extending the residence period required for naturalisation from five years to seven or ten years, depending on each applicant’s circumstances.
This change has generated significant concern among investors who made substantial investments and long-term personal and financial commitments based on the legal framework in force when they entered the Golden Visa programme.
Following a detailed legal assessment, we believe there are substantial grounds to challenge the application of these new rules to investors who had already entered the ARI regime before the legislative change.
Why existing investors may have serious legal grounds to challenge the new rules
The issue is not whether Parliament may amend nationality legislation for future applicants. Every sovereign state is entitled to determine the conditions under which nationality may be acquired.
The question is whether those changes can lawfully be applied to people who had already invested in Portugal, paid significant government fees, met residence requirements and organised their affairs in reliance on the legal framework then in force.
For more than a decade, the Portuguese State actively promoted the Golden Visa programme to attract foreign investment. Thousands of investors made important decisions on the basis of a framework that included a pathway to citizenship after five years.
Under the Portuguese Constitution, the principles of the rule of law, legal certainty and the protection of legitimate expectations offer important safeguards where individuals have acted in good faith and taken on substantial commitments in reliance on a legal regime promoted by the State itself.
Notably, in 2023, the Portuguese legislator expressly recognised that administrative delays should not prejudice investors, and amended the law accordingly. The recent changes appear difficult to reconcile with that same rationale.
In our view, existing ARI investors have serious and credible arguments to contest the application of the new nationality rules to situations already underway.
A coordinated legal action
Our firm is organising a coordinated legal strategy to protect the rights and legitimate expectations of affected investors.
Depending on the final legislation and how it is implemented, this may include:
- Administrative litigation challenging the application of the new rules to existing investors;
- Constitutional challenges before the Portuguese Constitutional Court;
- Proceedings based on European Union law, where appropriate;
- Applications before the European Court of Human Rights, if necessary;
- Engagement with government and parliamentary stakeholders to support appropriate transitional protections.
VCA is already coordinating with other leading Portuguese immigration and nationality law firms, constitutional law specialists, academics, and industry stakeholders to identify and implement the most effective available strategy. We believe a coordinated response will significantly strengthen the position of affected investors.
Why early participation matters
Time is an important factor!
As the legislative process advances and administrative practices become established, legal challenges may become more complex and costly. Early participation helps preserve every available option and ensures that affected investors are represented from the outset.
Fees and next steps
We are committed to keeping this initiative accessible. Fees will be structured at a reasonable level reflecting the collective nature of the proceedings, and our firm is prepared to assume a significant portion of the organisational and litigation effort involved. Should you wish to take part, we will provide a detailed Engagement Letter setting out the proposed scope of representation, legal strategy, fee structure and procedural steps.
We firmly believe that investors who entered the ARI programme under the previous framework are entitled to the full protection of the rule of law and the legitimate expectations created by the Portuguese State. While no outcome can be guaranteed, we consider the available arguments substantial, serious and worthy of vigorous defence before the Portuguese and European courts.
