Nationality Law · Golden Visa

Portugal Nationality Law 2026: Guide for Golden Visa Holders

Bruna BarretoBy CEO — Bruna Barreto 5 Oct 2026

What changed and why it matters

Lei Orgânica n.º 1/2026 was published in the Diário da República n.º 95/2026, Série I, on 18 May 2026, and entered into force on 19 May 2026. Approved by Parliament with a two-thirds majority on 1 April 2026 and signed into law by President António José Seguro on 3 May 2026, this law amends Article 6 of the Nationality Law, which governs naturalization through residency.

For Golden Visa holders — and for those who were planning to obtain one — this law has direct and immediate implications. The legal residency period required to apply for naturalization increased from 5 years to the following:

  • CPLP and EU citizens: 7 years
  • All other nationalities: 10 years

Important: the law did not alter the Golden Visa program itself — residency rights, minimum stay requirements, and Schengen access remain exactly the same. What changed was only the period required to apply for naturalization once the residency years have been met.

Grandfathering: who is protected under the prior regime

Article 7(2) of Lei Orgânica n.º 1/2026 establishes a safeguard clause: naturalization applications submitted to the Instituto dos Registos e do Notariado (IRN) on or before 18 May 2026 (the day before the law entered into force) continue to be processed under the prior regime — meaning the 5-year timeline.

However, the law is silent on Golden Visa holders who already had legal residency but had not yet submitted a naturalization application to the IRN by 18 May 2026. This group — the largest — is the one in the most uncertain position, and it is precisely this group driving the ongoing legal challenge.

What the law says about when the clock starts

Lei Orgânica n.º 1/2026 expressly clarifies that the residency period for naturalization runs from the date of issuance of the residence permit — not from the investment date, not from the AIMA application date, and not from the date of approval. This provision worsens the position of investors who waited months or years for their card during the period of greatest processing backlog at AIMA.

Practical example: an American investor who invested in April 2022 and received their first residence card in October 2023 (18 months later) would need to wait until October 2033 to naturalise — 11.5 years after the initial investment, despite having met all obligations from day one.

The implementing regulation: 90 days for clarity

The government has 90 days from 19 May 2026 to publish the update to the Regulamento da Nacionalidade Portuguesa — the implementing decree that sets out in detail how the law is applied to specific cases, including ongoing naturalization applications and Golden Visa holders with pending processes. AIMA has not published specific guidance. This regulatory gap is precisely the central legal argument of the investor challenge.

The investors' legal arguments

Law firms representing challenging Golden Visa holders advance two main arguments:

  • Protection of legitimate expectations: investors acquired the Golden Visa based on the legal conditions in force at the time — specifically the 5-year naturalization timeline. Retroactively changing this timeline violates the principle of legitimate expectation, enshrined in Portuguese and European law.
  • Start of the clock: the naturalization timeline 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.

What the government says

The Secretary of State responsible for the file stated that: the change does not affect the Golden Visa program itself; the extended timeline aligns Portugal with other European countries; and expectations about fast citizenship stemmed from marketing by agencies and promoters, not from state commitments. The government has shown, to date, little appetite to reverse the law.

What a Golden Visa holder should do now

  • If you submitted a naturalization application to the IRN before 18 May 2026: you are protected under the prior 5-year regime. Confirm the status of your application with the IRN.
  • If you have not yet applied and already have more than 5 years of legal residency: urgently analyse with your lawyer whether the law applies to your specific case and whether there are grounds for challenge.
  • If you are at the beginning of the Golden Visa process: the 7 or 10-year timeline applies to your case. Plan your naturalization horizon in line with the new law.
  • If you were considering the Golden Visa primarily for fast citizenship: recalculate your plan based on the new timelines and assess whether the program still meets your objectives.

Unsure how the 2026 nationality law affects your specific situation?

Whether you are protected by the grandfathering clause, need to challenge the new timeline, or are planning a new application, our team can help you understand your options.