PORTUGAL NATIONALITY LAW PUBLICATION

REGULATION RAISES LEGAL QUESTIONS OVER AIMA DELAYS AND TRANSITIONAL PROTECTION New Publication and Implementation Rules Trigger Debate Over Pending Residence Procedures, Investor Trust, and Nationality Eligibility

Portugal’s revised nationality law has sparked widespread debate among immigrants, investors, legal professionals, and long-term residents about the impact of the new rules on people already living and working in Portugal before the legislative changes took effect.

The reform replaced the previous five-year nationality residence framework with longer residence periods. Under the new law, citizens of CPLP countries and European Union member states must complete seven years of legal residence before applying for Portuguese nationality, while nationals of other countries may now need ten years of legal residence.

Although the law has already been approved and signed, one of the biggest unresolved legal issues concerns applicants whose residence regularisation procedures remained pending for years due to delays linked to SEF restructuring and the transition to AIMA.

Thousands of Applicants Affected by Administrative Delays

Many immigrants initiated Manifestação de Interesse procedures during 2021 and 2022 and spent years waiting for appointments, biometrics, and residence permit decisions.

During this period, numerous applicants:

• worked legally,
• paid taxes,
• contributed to Portuguese Social Security,
• established businesses,
• rented or purchased homes,
• created employment,
• and integrated economically and socially into Portuguese society.

However, due to institutional restructuring and administrative backlogs, many residence permits were issued only in 2025 or 2026.

As a result, immigrants and investors now fear that years already spent integrating into Portuguese society may lose legal value for nationality purposes.

Transitional Protection Became the Central Legal Issue

One of the most important provisions in the revised law is Article 7, which states that pending administrative procedures at the moment the law entered into force continue under the previous nationality framework.

The legal debate now centres on the meaning of the expression:

“pending administrative procedures.”

Many legal professionals argue that this protection should include the pending SEF and AIMA legalisation procedures because those administrative processes directly determine future eligibility for nationality.

Others believe the Government may attempt a narrower interpretation limited only to nationality applications already filed before IRN.

This issue is expected to become one of the most important future disputes before the Portuguese Administrative Courts.

Equality Concerns Between Similar Applicants

Lawyers and immigrant communities have also raised concerns about equality for applicants who entered Portugal under the same legalisation system but received different administrative outcomes solely due to processing speed.

For example:

Two immigrants may both have opened Manifestação de Interesse procedures in 2021, worked continuously, paid taxes, and integrated into Portuguese society. However, one person may have obtained a residence permit in 2023 and remained under the previous five-year nationality framework, while another person may still be waiting or may have obtained a permit only in 2026.

Legal experts argue that the difference between these applicants is not based on merit, legality, or contribution, but rather on administrative timing controlled by the State itself.

According to constitutional principles, substantially similar situations should not produce radically different legal consequences solely because of institutional delay.

Investors Fear Impact on Trust in Portuguese Law

The revised nationality framework has also generated concern among investors who made long-term financial commitments in Portugal under the previous legal system.

Many investors:

• purchased Portuguese property,
• established businesses,
• employed workers,
• contracted banking obligations,
• and invested hundreds of thousands of euros in Portugal.

Some investors report having already completed more than four years of effective residence and integration before the legal changes were introduced.

Critics argue that abruptly extending nationality timelines without clear transitional safeguards may negatively affect legal certainty and investor confidence in Portuguese law.

Several immigration professionals have emphasised that long-term residents and investors organised their personal and economic lives in reliance upon the legal framework then in force.

Future Litigation May Shape the Final Interpretation

The revised nationality law is now in force, but its practical interpretation may ultimately depend on future decisions by Portuguese Administrative Courts and potentially the Constitutional Court.

For thousands of immigrants and investors already integrated into Portuguese society before the legislative changes, the key question remains:

Can years already spent living, working, investing, and contributing in Portugal be disregarded solely because the administration delayed issuing residence permits?

As legal challenges continue to develop, many applicants remain hopeful that Portuguese courts will balance immigration policy objectives with constitutional principles of fairness, equality, legal certainty, and protection of legitimate expectations. If the revised law may become the centre of future litigation concerning pending residence regularisation procedures.

Why Article 25 IS VERY IMPORTANT FOR AIMA CASES

Portugal’s revised nationality law has intensified legal debate after Article 25 confirmed that immigrants, investors, and affected applicants retain the right to challenge nationality decisions before Portuguese Administrative Courts. Legal experts believe this provision may become central for applicants delayed by SEF and AIMA procedures, especially where years already spent living, working, paying taxes, and integrating into Portuguese society risk being disregarded under the new nationality framework.

Article 6 of Portugal’s revised nationality law

Article 6 of Portugal’s revised nationality law replaced the previous 5-year nationality framework with new residence periods of 7 years for CPLP and EU nationals and 10 years for other foreign nationals, creating major concern among long-term immigrants and investors already integrated into Portuguese society. At the same time, Article 7 introduced a transitional protection clause stating that pending administrative procedures continue under the previous law, triggering an important legal debate over whether pending SEF and AIMA legalisation procedures should remain protected under the former nationality framework.

Transitional Protection May Become the Central Legal Debate

Portugal’s Nationality Framework and Long-Term Integration

Portugal has long been recognised as a destination that offers legal stability, safety, and opportunities for long-term integration. Its immigration system attracted thousands of individuals seeking to establish professional, personal, and family lives within a structured European legal framework. Many immigrants chose Portugal not only for the quality of life, but also because its residency and nationality rules appeared transparent, predictable, and supportive of long-term settlement.

Cities such as Lisbon, Porto, Braga, Coimbra, and Faro have become home to growing international communities, where residents contribute through employment, entrepreneurship, tax payments, education, and social participation. Over time, many applicants developed substantial ties to Portuguese society while progressing through formal legalisation processes in good faith.

For thousands of residents, the nationality pathway represented the natural continuation of years spent building stable lives in Portugal. Many major life decisions—including housing, business activity, education, and family planning—are made within the legal framework in force when they enter the system.

Administrative Delays, Legal Certainty, and Fairness

For many applicants, the legalisation process was affected by administrative delays beyond their control. Long waiting periods for appointments, documentation, residence permits, and case processing created uncertainty for individuals who had already met all legal requirements.

During these delays, applicants continued to pay taxes, contribute to social security, learn Portuguese, and integrate into local communities, with the expectation that their time in the system would count toward future eligibility for nationality.

This raises an important question: can years of residence and integration be disregarded simply because of delays caused by public administration?

The debate around Portugal’s nationality framework, therefore, extends beyond immigration policy into constitutional principles such as equality, legal certainty, proportionality, and protection of legitimate expectations. While the State can amend nationality laws, many argue that reforms should not unfairly affect those who entered legal processes under previous rules and relied on them in good faith.

As discussions continue, many residents hope that future interpretation or clarification will balance policy objectives with fairness, institutional trust, and recognition of long-term integration in Portugal.