President of Portugal submits nationality reform to the Constitutional Court
The proposed reform of the Nationality Law approved by the Portuguese Parliament followed the same path as the Foreigners Law: it was sent to the Constitutional Court for preliminary review. In an interview with the column Portugal Giro, from the newspaper The globe, Isabel Comte pointed out the possibility that President Marcelo Rebelo de Sousa would send the text to the TC before any promulgation.
The package is part of a broader set of anti-immigration measures. The changes to the citizenship law were separated from the main proposal and will be voted on separately in September. They are expected to be approved.
Main proposed changes:
- Residence time: Increases from 5 to 10 years for foreigners and from 5 to 7 years for Brazilians and CPLP nationals;
- Revocation of citizenship: Possibility of loss of nationality for serious crimes;
- Children born in Portugal: Requirement of 3 years of legal residence of parents to grant nationality;
- Offspring: Nationality can be granted to great-grandchildren of Portuguese citizens;
- End of the Sephardic way: Removal of the possibility of citizenship for descendants of Sephardic Jews.
Experts point out risks of unconstitutionality
THE jurist Isabel Comte, a former Ministry of Justice analyst and nationality expert, argued that the president should submit the text to the Constitutional Court for review. "Nothing prevents, for similar reasons and perhaps with greater justification, the same thing from happening with this proposed amendment to the Nationality Law," he declared.
Comte listed three central points that generate legal uncertainty:
- Retroactivity: Applying residency periods to processes not yet governed by the new law violates the principle of legality;
- Discrimination: It provides for the loss of citizenship only for naturalized citizens, which differentiates Portuguese by origin and by naturalization — something considered unconstitutional;
- Instrumentalization of citizenship: The proposal treats nationality as a tool of criminal and immigration policy, contradicting its status as a fundamental right.
Read the full article on here.
Want to know how these changes could affect your nationality process? Click here and speak to our legal team or visit:
Portuguese | Spanish | English | Hebrew
Lisbon Jewish Community (CIL) issues opinion on changes to the Nationality Law
The recent letter issued by the Jewish Community of Lisbon (CIL) marked a crucial moment in the debate on the future of […]
Per Marketing Martins Castro
on September 12, 2025
The End of the Sephardic Way? What You Need to Know Before Voting
September is a crucial month for families with Sephardic ancestry. September 19th is the date set for […]
Per Marketing Martins Castro
on September 3, 2025
Portuguese Nationality: proposal may change deadlines for naturalization
The proposal will be considered by Parliament in September and involves significant changes to the deadlines and requirements for naturalization. The possible […]
Per Marketing Martins Castro
on September 3, 2025