Legal Action · Golden Visa · Nationality Law

Class Action Against Portugal: What GV Holders Must Know

Bruna BarretoBy CEO — Bruna Barreto 6 Oct 2026

What is happening

Lei Orgânica n.º 1/2026, which entered into force on 19 May 2026 and doubled the naturalization timeline for most Golden Visa holders, triggered an organized reaction unprecedented in the program's history. In May 2026, more than 500 investors — mostly American, but from various nationalities — began coordinating through WhatsApp groups with the objective of pursuing a class action lawsuit against the Portuguese state. By July 2026, that number had grown to 1,260 investors.

Current status of the challenge (September 2026)

In July 2026, the group of 1,260 investors filed a formal collective complaint with the Ombudsman's Office (Provedoria de Justiça), having requested a meeting with the new Ombudsman, Luísa Neto, within the following 15 days. The group asks the Ombudsman to:

  • Refer the new Nationality Law to the Constitutional Court for review
  • Intercede with the Government to find a solution protecting those who have already started the citizenship process or have been waiting years for their residence permit

As of September 2026, the group has not yet filed formal court proceedings. Law firms representing the investors advise waiting for the final implementing regulation before filing formal lawsuits — the update to the Regulamento da Nacionalidade Portuguesa, which the government has 90 days from 19 May 2026 to publish, may contain provisions that change the landscape.

Estimated timeline: absent a negotiated solution or favourable regulation, formal legal proceedings are expected to be filed from September 2026 onwards.

Who the investors are

The group is predominantly American citizens, but includes investors of various nationalities. They initially organised through WhatsApp groups and plan to formally register as an association. AGPC Investments is one of the firms representing part of the group. The central argument shared by investors is: "We are not angry people. We are an organised group, resident in Portugal, that needs the Portuguese state to honour the contracts it made."

The legal arguments

1. Protection of legitimate expectations
Investors acquired the Golden Visa based on the legal conditions in force — specifically the 5-year naturalization timeline. Retroactively changing that to 7 or 10 years violates the constitutional principle of legitimate expectation. This principle protects citizens from legislative changes that frustrate reasonably founded expectations based on state acts.

2. Start of the naturalization clock
Lawyer Madalena Monteiro of Liberty Legal argues that the naturalization clock should begin 90 days after the AIMA residency application submission — not solely from card issuance. This argument aims to compensate investors who waited exceptionally long processing times during the peak AIMA backlog period.

3. Constitutional Court brief
As early as December 2025 — before the law entered into force — an amicus curiae was submitted to the Constitutional Court, citing a government minister's acknowledgement that Golden Visa cases had been deliberately left "for the end" during processing, with authorities choosing to prioritise "the poorest, the most vulnerable" before the investor caseload. This argument reinforces the thesis that processing delays were the state's fault, not the investors'.

The government's position

The Secretary of State responsible for the file has maintained a firm stance: the law change does not affect the Golden Visa program itself; the extended timeline aligns Portugal with the practice of other European countries; and expectations about fast citizenship stemmed from marketing by private agencies and promoters, not from state commitments. As of the publication of this article, the government has shown no openness to reversing the law or creating specific compensation mechanisms for affected investors.

Market impact: €94.7 million withdrawn

The challenge is not only legal. Available data shows that in the first five months of 2026, €94.7 million was withdrawn from investment funds qualifying for the Golden Visa — a clear signal that a portion of investors decided to exit the program following the law change.

What an affected Golden Visa holder should do

  • Do not make hasty decisions — the legal situation is still evolving, with the implementing regulation pending and formal lawsuits not yet filed.
  • Document your situation — keep all documentation relating to your Golden Visa application, investment date, and communications with AIMA and the IRN.
  • Consult an independent lawyer — not a fund promoter, not an immigration agency. A lawyer with active practice in this area can help you understand whether the law applies to your case and what your rights are.
  • Do not exit the program impulsively — withdrawing your investment before fully understanding the legal impact may prejudice options that are still open.

Affected by the 2026 Nationality Law as a Golden Visa holder?

Whether you are considering joining the legal challenge, protecting your existing rights, or reassessing your citizenship timeline, independent legal advice is essential right now.