Portugal adopts amended Nationality Act decree

The Portuguese Parliament passed amendments to the Nationality Act on 1 April, after the ruling Social Democratic Party (PSD) reached a last-minute agreement with Chega, sidelining the Socialist Party (PS) and its transitional protection clauses.

The decree was passed with 152 votes in favour to 64 against, with one abstention from JPP, surpassing the two-thirds threshold required for nationality laws.

A separate vote on amendments to the Penal Code creating provisions for the deprivation of nationality as a supplementary criminal penalty also passed with 151 votes in favour to 65 against, also achieving a two-thirds majority.

PSD, Chega and Liberal Initiative (IL) voted in favour of both decrees. PS, Livre, the Portuguese Communist Party (PCP), the Left Bloc (BE) and People-Animals-Nature (PAN) voted against.

Detailed article on the Portuguese citizenship.

What the agreement changes

PSD parliamentary leader Hugo Soares announced the agreement less than an hour before the debate began, describing it as “an important step in respecting Portuguese-ness.” The agreement brought the final text closer to Chega’s positions on two fronts.

The criminal obstacle threshold to block citizenship was reduced from the 5 years proposed by PSD on Monday to 3 years, aligning with Chega’s initial demand. Chega’s expanded list of crimes leading to the deprivation of nationality was also included in the Penal Code text: criminal gang leaders, arms trafficking and drug trafficking now join the list of offences that can lead to the revocation of nationality.

In return, Chega accepted PSD’s rebuttable presumption framework and procedural safeguards for the criminal obstacle. Soares confirmed that the financial self-sufficiency requirement sought by Chega – which would ban citizenship applicants from receiving social benefits – was “not discussed.”

The residence period remains at 7 years for EU and Community of Portuguese Language Countries (CPLP) nationals and 10 years for all other cases. No transitional protection clauses for existing residents were included. PS’s rights reservation window, gradual implementation roadmap and preservation of the date-of-application calculation method were all rejected.

The debate

Minister of the Presidency António Leitão Amaro opened by framing the vote as an opportunity to “correct historical mistakes,” arguing that the decades-long consensus on nationality had “been broken since 2018.”

PS MP Pedro Delgado Alves warned that constitutional issues remain, stating that the PS tried to “minimize damage” but was left behind.

CDS-PP MP João Almeida went further, accusing the Constitutional Court itself of “judicial activism” in its December ruling. Chega leader André Ventura declared that his party had achieved “extremely important things” and accused the PS of “betraying the country.”

Next steps

The passed decrees are now being submitted to President António José Seguro for promulgation. Seguro, who took office following the January 2026 presidential election, is affiliated with the Socialist Party, which opposed the decree and warned of lingering constitutional shortcomings.

Lawyer Adriano Vieira at Apparcel Uriarte Abogados noted that “approval by a two-thirds majority was anticipated” but “the current scenario is not particularly favourable for applicants Portugal Golden Visa.” The text is “not yet law,” he emphasised; Seguro “may still delay promulgation or exercise a veto.” This “actually creates additional time, which could be particularly valuable for those approaching the 5-year threshold.”

If Seguro vetoes the decree, Parliament can override it with an absolute majority of all MPs (116 out of 230). If he refers it to the Constitutional Court for preventive review, as the Socialist Party did in November 2025, the decree will be suspended until the court rules.

Ventura, speaking after the vote, called the outcome “a good deal for the country” and warned against further constitutional challenges, noting that the two-thirds majority achieved today is sufficient to override a presidential veto.

André Miranda, associate at Fieldfisher Portugal, described a “clear sense of déjà vu” from the October 2025 vote, calling it “a clear political choice representing a strong break with Portugal’s tradition of openness in this area.”

Miranda expects Seguro “may still exercise a veto or refer the law to the Constitutional Court,” and emphasised that “this process is not yet over.”

Madalena Monteiro, founder of Liberty Legal, who submitted an amicus curiae brief for Golden Visa investors to the Constitutional Court in December, said she would not be surprised if Seguro “sends the law to the Constitutional Court or vetoes it,” because the president “has been very vocal about the need for a broader consensus on this issue.”

Permanent residence after 5 years remains unaffected. The Golden Visa programme itself was not part of the debate.