Portugal’s nationality law has been amended numerous times since it was enacted in 1981. These amendments reflect the current political ideology and demographic conditions at the time of enactment. Most recently, in October 2025, an amendment was made to change how applicants can qualify for Portuguese nationality, as well as extend the amount of time applicants must reside within Portugal before being eligible for naturalization.
Those in support believe they are protecting the Portuguese identity
Those supporting the changes to the nationality law believe that they are needed to ensure the protection of Portugal’s national identity by requiring those seeking nationality to commit to living in Portugal for a significant amount of time. On the other hand, critics of the changes argue that they are discriminatory towards immigrant populations, which would contradict Portugal’s image as a progressive nation compared to many other nations in the Schengen zone.
Several of the changes made to the nationality law by the new law were overturned by the Constitutional Court of Portugal. Specifically, the changes to suspend the consideration of thousands of applications for nationality pending and automatically deprive of citizenship for individuals convicted under a particular category were declared unconstitutional by the Court because of a disproportionate use of the power to revoke citizenship.
Many pending applicants may face deportation going into 2026
Thousands of applicants for nationality had their legal status pending due to the changes made to the nationality law. According to IMI Daily, the Agency for Integration and Migration (AIMA) in Portugal had over 20,000 active and pending applications for nationality going forward into 2026. Due to the suspension of the provisions having been overturned, the deportation orders associated with the revoked provisions are still in effect according to the previous rules of the government; however, the government will not provide information regarding its decision-making process.
Across the entire range of the Portuguese polity, the decision has sparked controversy. For some, the Court’s decision is viewed as a means of safeguarding the most vulnerable and ensuring that contributing members of society can still access citizenship.
Civil society rejoiced with this decision, as there is a risk of stigmatizing immigrants and infringing on human rights with the implementation of automatic bans and punitive measures. The Court was commended by legal scholars for upholding constitutional provisions, such as the notion that citizenship should not be capriciously granted or taken away.
Portugal may be showcasing the world’s views on identity and migration
As this case illustrates, there are a multitude of future consequences for Portugal. The situation also illustrates the ambivalence some nations are experiencing around the world with regard to identity, integration, and migration. The annulment of restrictive provisions also illustrates the role of constitutional courts in ensuring a balance of powers with respect to legislative acts. The courts should be able to protect and promote measures to enhance individual rights as they deem fit.
Portugal’s decision impacts many other EU countries considering similar laws
Portugal’s decision regarding nationality laws is likely to have an impact on discussions in other EU countries that are considering similar restrictive nationality laws. Portugal shows us that there are limits to withdrawing nationality on the basis of national sovereignty.
With its decision to abandon the core elements of the nationality law that relaxed protections for the previously stateless, Portugal’s Constitutional Court has upheld the central role of the Constitution in determining the scope of citizenship. Although the government is likely to continue extending the residential requirement, the Court’s decision on constituent elements of the nationality law is clearly an indication of social citizenship norms that promote justice and equality.
For the claimant, the decision provides some measure of relief, but the Court’s ruling will take some time before it will really assist in working through backlogs of other claims. For Portugal, the decision is a landmark decision in relation to the continuing public conversations in Portugal on the difficult questions of identification, relationships, and the rights of those who wish to live in Portugal.
