Portugal’s government is facing mounting legal and constitutional scrutiny over its proposed overhaul of the Golden Visa programme, sparking unease among both current and prospective applicants. The controversy follows a move on October 24, 2025, aiming to extend the citizenship eligibility period for Golden Visa holders from five to ten years, according to The Portugal News.
The Golden Visa remains one of Europe’s most sought-after residency-by-investment schemes, allowing non-EU, non-EEA and non-Swiss citizens to secure Portuguese residency through a minimum €500,000 investment into eligible investment funds. The programme has contributed significantly to Portugal’s economy, with total investment expected to reach €9 billion by 2026.
However, legal experts warn the proposed reforms could be challenged in court before being implemented. Paul Stannard, founder of Portugal Pathways, expressed concern over potential constitutional barriers. “Legal experts anticipate several challenges regarding the citizenship timeline before the law can be enacted,” Stannard told TPN.
Under the proposal, Golden Visa residents would need to complete ten years of legal residency before applying for citizenship — doubling the current requirement. Yet implementation could be delayed. Any approved law must first be reviewed by Portugal’s President, who may refer it to the Constitutional Court if questions of legality arise. Such a referral could prolong the process for months or even years.
Despite the uncertainty, the core advantages of the Golden Visa remain intact. Holders maintain residency rights in Portugal, visa-free access across all 29 Schengen states, and the option to spend as little as seven days per year in Portugal. The €500,000 investment threshold and tax domicile flexibility also stay unchanged.
Stannard advises those who have already completed five years of residency to apply for citizenship immediately, before any changes take effect. The caution comes amid recent instances where government efforts to tighten immigration policy faced judicial rejection — notably in family reunification rules.
Additional criticism has come from prominent constitutional scholar Jorge Miranda, widely regarded as the “father” of Portugal’s democratic constitution. Miranda warned that applying the extended timeline retroactively would be unconstitutional, heightening the likelihood of legal challenges if the reforms proceed.
As the legislative process unfolds, both investors and immigration lawyers are bracing for a potentially lengthy period of legal dispute and policy uncertainty.
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