Golden Visa · Regulatory Risk

What If Portugal's Nationality Law Changes Again? GV Guide

Bruna BarretoBy CEO — Bruna Barreto October 10, 2026

A legitimate concern in a context of change

The nationality law changed in May 2026 — unexpectedly for many investors who had planned their processes based on the 5-year timeline that had been in place since 2012. It is natural for those now considering the Golden Visa, or those who already hold one, to ask: what happens to my Golden Visa if the law changes again? Can I lose what I have already invested? Are my rights protected?

This article answers these questions based on what Portuguese law and European law actually guarantee — and what they do not.

What the law cannot take away: your residency rights

The residence permit (the physical card issued by AIMA) confers legal rights that cannot be removed as long as the holder meets the program's conditions. Specifically:

  • Your residence permit is valid until its expiry date — regardless of future legislative changes to the nationality law or the Golden Visa program
  • The right to renew the residence permit exists as long as you maintain the investment and meet the minimum stay requirement
  • Schengen access is guaranteed by the Portuguese residence permit — it is a right derived from European law, not only national law
  • The right to work and study in Portugal, as well as family inclusion rights, remain while the residence permit is valid

Practical summary: changes to the nationality law do not affect your current residency rights. They can, however, affect the naturalization timeline — as Lei Orgânica n.º 1/2026 demonstrated.

What can change: the naturalization timeline

What the 2026 law demonstrated is that the naturalization timeline — the number of years of legal residency required to apply for citizenship — can be changed by political decision, without prior notice and with application to ongoing situations. This is the most vulnerable dimension of the program for Golden Visa holders.

In theory, the naturalization timeline could:

  • Be reduced again (which would benefit current holders)
  • Be increased further (which would harm holders)
  • Be removed as a criterion and replaced by other requirements

The ongoing legal challenge argues that the retroactive change violates the principle of protection of legitimate expectations — but this argument has not yet been tested in Portuguese courts in the specific Golden Visa context.

What could change in the Golden Visa program itself

Beyond the nationality law, the Golden Visa program itself can be changed. What the program's history shows:

  • In 2023, real estate was eliminated as an eligible route — with immediate application to new applications, without grandfathering for investors who had not yet submitted
  • In 2025, Spain abolished its Golden Visa — with immediate effects for new applications, while maintaining renewal rights for existing holders
  • In Portugal, in 2022–2023, there was political discussion about fully closing the program — which did not materialise, but demonstrates that regulatory risk is real

What is the real regulatory risk in Portugal in 2026?

Based on the current situation, the most likely risk is not program closure — but additional changes to citizenship access conditions or renewal requirements. The Portuguese government has, since 2022, adopted a stance of progressive restriction of the program (elimination of real estate, extension of the naturalization timeline). The general European trend also moves in the direction of greater restriction.

For current holders, the most immediate risk is that the implementing regulation for Lei Orgânica n.º 1/2026 — which the government has until August 2026 to publish — may contain provisions unfavourable to ongoing naturalization applications.

How to protect yourself within what is possible

  • Advance the process as early as possible. The earlier your card is issued, the earlier the naturalization clock starts — and the less exposed you are to future changes.
  • If you have had residency for more than 5 years and have not yet applied for naturalization, urgently analyse with a lawyer whether there are grounds to challenge the new timeline.
  • If you submitted an application to the IRN before 18 May 2026, confirm the status of the process and ensure you are protected under the prior regime.
  • Keep all documentation organised — investment contracts, fund statements, AIMA correspondence, residence cards. In the event of a legal challenge, this documentation is essential.
  • Consider whether there is a more robust alternative route for your objectives — citizenship by descent, CPLP route, or naturalization through marriage may be more resistant to future changes to the Golden Visa program.

Historical perspective: the program is 14 years old

The Portuguese Golden Visa has existed since 2012. Over 14 years, it has survived domestic and European political pressure, a European Commission infringement proceeding (related to real estate in high-density areas), the pandemic, and multiple parliamentary discussions about its closure. The program was reformed but not closed. This does not guarantee it will continue indefinitely — but it offers some perspective on its historical resilience.

Worried about regulatory risk and your Golden Visa situation?

Understanding what is protected, what can change, and how to position yourself is exactly what independent legal advice is for. Our team can help you assess your specific exposure.