Lisbon March 13, 2026 — Recent media reports have created confusion among immigrants and nationality applicants about possible changes to Portugal’s nationality law. Some reports suggested that the law could soon move forward again with only minor adjustments. However, the legal situation is more complex following the ruling of the Constitutional Court of Portugal.
Portugal’s parliament, the Assembly of the Republic, had approved amendments intended to tighten certain rules governing access to Portuguese nationality. Before the legislation could enter into force, it was sent to the Constitutional Court for review. After examining the law, the court ruled that several provisions were unconstitutional and must be reconsidered by parliament.
One of the central issues identified by the court concerns pending nationality applications. The legislation contained provisions that could allow the new rules to apply to applications that had already been submitted but were still under review. In practice, this could have meant that people who filed their nationality requests under the existing legal framework might suddenly be assessed under a different and potentially stricter set of rules.
The court concluded that applying new rules in a blanket manner to pending cases could violate the constitutional principles of legal certainty and the protection of legitimate expectations. Applicants who submit their requests under a specific legal framework have a reasonable expectation that their cases will be evaluated under the rules in force at the time of application. Read our old news on this
In addition to the issue of pending applications, the court also raised objections to other provisions in the law. These include clauses introducing unclear criteria related to a person’s “connection to the national community,” provisions concerning fraud in nationality procedures, and rules linked to criminal convictions that could influence eligibility for nationality.
Because parts of the legislation were declared unconstitutional, the President of Portugal, Marcelo Rebelo de Sousa, could not promulgate the law and was constitutionally required to return it to parliament.
The legislation must now be revised by lawmakers. Parliament will need to address the points identified by the court — particularly the provisions affecting pending applications, the vague criteria regarding national community links, the wording related to fraud in nationality procedures, and the rules concerning criminal convictions. After these issues are corrected, the revised text must be approved again through a new parliamentary vote before it can be sent back to the president for promulgation and publication in the official gazette.
This procedural requirement is also important in clarifying public confusion. The bill cannot return to the president automatically; it must first be amended and approved again by parliament.
For now, Portugal’s nationality law remains unchanged. Until parliament completes the legislative process and a revised law is enacted, nationality applications continue to be processed under the current legal framework.