Portugal Immigration Law Proposals: What Golden Visa Investors Need to Know
Executive Summary
Key Takeaway: These proposed changes do not affect Golden Visa holders or applications. The reforms target general immigration pathways, not investment-based residency programs.
Recent headlines claiming "Portugal Increases Citizenship Time to 10 Years" are misleading. Here's what's actually happening and why it doesn't affect Golden Visa investors.
Three Critical Points for Golden Visa Investors
1. None of the proposals target the Golden Visa program
2. Retroactive changes are prohibited by Portuguese law - Article 18 of the Portuguese Constitution states that "No law shall have retroactive effect, especially if it harms established rights or legal situations"
3. Your five-year residency period has been counted from your application date since April 2024
What's Actually Proposed
Portugal's migration agency (AIMA) is managing over 1.5 million foreign residents and 400,000 pending applications as of January 2025. The government recognizes that immigration reform is necessary to manage this volume effectively. These proposals focus on general immigration channels, not investment-based programs.
These are government proposals requiring parliamentary approval to become law. With no Parliament currently in place, the usual legislative procedure must be followed.
1. Creation of New Border Control Unit
- Establishes a new police unit for border control and enforcement
- Handles removal procedures for non-compliant foreign citizens
- This is not a reactivation of the former SEF agency
2. Nationality Law Changes
Citizenship by Birth:
- Foreign parents must now have 3+ years legal residency (previously less)
- Parents must make express declaration for child's nationality
Citizenship by Naturalization (General Public):
- Residency requirement increased to:
- 7 years for citizens of Portuguese-speaking countries (CPLP)
- 10 years for all other nationalities
- New requirements added:
- Portuguese language proficiency test
- Knowledge of Portuguese culture and civic duties
- Stricter criminal background checks
- Sephardic Jewish ancestry pathway: Being terminated
- "Avidos" pathway: Extended to great-grandchildren (third generation)
New Nationality Loss Provision:
- Applies only to recently naturalized citizens (within past 10 years)
- Only for serious crimes with 5+ year prison sentences
- Decided case-by-case by judicial assessment
- Does not apply to citizenship by birth
3. General Immigration Law Changes
Job-Seeking Visas:
- Restricted to highly qualified roles only
- Aims to attract specific talent
Family Reunification:
- Minimum 2 years legal residency required to request reunification
- Stricter criteria including adequate housing and income
- Mandatory integration measures (language learning, school attendance)
CPLP (Portuguese-Speaking Countries) Regime:
- Maintains special status but adds new requirements
- Residence visa now mandatory (can't use tourist visa)
- Additional opinion required from UCFE for visa issuance
Administrative Changes:
- AIMA authorized to schedule appointments based on capacity
- Eliminates automatic approval for delayed processing
- Document Extension: Extraordinary extension until October 15, 2025, with six-month individual extensions available
Timeline & Implementation
Application Cutoff: New nationality rules won't apply to applications submitted before June 19, 2025
General Rule: New provisions apply only to processes initiated after the law takes effect
Important Note: Applications submitted merely to "beat the deadline" without genuine intent may not be considered valid by the government.
What This Means for Your Golden Visa Investment
Your investment timeline and citizenship pathway remain completely unchanged. The Golden Visa program operates under separate legislation and these reforms specifically target general immigration channels.
Your Rights Protected:
- Five-year residency requirement unchanged
- Citizenship eligibility timeline unchanged
- Application processing continues under existing rules
- No retroactive changes permitted by Portuguese law
Next Steps
We will continue monitoring these developments closely and will immediately update you if any Golden Visa-related changes are proposed. The government previously mentioned plans to make the Golden Visa program "more attractive," but no specific proposals have been announced.
Questions about your specific situation? Please contact hello@tejoventures.com.
The content and scope of these measures remain subject to parliamentary debate and approval, and may be amended before entering into force. This update reflects government proposals as announced at the Council of Ministers Conference.
