What now? Changes to Citizenship Requirements

Residencies & citizenships
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Discussion thread about the proposed/passed changes to Portugal’s citizenship process.

Trying to stay positive but after 5+ years of work and countless costs, I am feeling completely lied to. Let’s talk about how to move forward and what the options are so people can make informed decisions. Of course, talking to your own lawyer is the best option here but these are my questions:

  1. When does the timeline start? Submission of visa application or receipt of visa?
  2. Legal options for GV holders? Anyone have opinions from their lawyers?
  3. what to do with my investment which was set to end after 7 years, not 10+?
  4. After 5 years, is permanent residency an option? I will qualify (unless they change that too). Do I need to be in the country physically?
  5. Will the time spent with an expired but still allowed visa count towards residency?
  6. what about dependents? Do they still need to be full time students? What if they age out of the GV, what then?
  7. are they changing the language requirement? And what about the new citizenship test??
  8. what have others heard about grandfathering?
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At the time I applied for, and received, my ARI, this was the naturalization law (effective 2020-11-10):
https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=614&tabela=lei_velhas&nversao=11&so_miolo=

SECTION III
Acquisition of nationality by naturalization
Requirements
b) have been legally resident in the Portuguese territory for at least five years;

[At the time the ARI law was originally created, the naturalization law required six years of legal residence.]

According to the AIMA site, the ARI program allows: “Solicitar a aquisição da nacionalidade portuguesa, por naturalização, cumprindo os demais requisitos exigidos na Lei da Nacionalidade (Lei n.º 37/81, de 3 outubro, na sua atual redação).” [To request the acquisition of Portuguese nationality, through naturalization, fulfilling the other requirements set out in the Nationality Law (Law No. 37/81, of 3 October, in its current wording).]
https://aima.gov.pt/pt/viver/autorizacao-de-residencia-para-investimento-art-90-o-a

That five year timeline to commence naturalization was an essential factor in my decision to participate, and the maturity of my closed-end fund investment is bound to that timeline. As others have eloquently written, EU law protects the principles of legitimate expectations and non-retroactivity. Drastically moving the goalposts would fundamentally defeat my goals and violate my reasonable, invested expectations.

I hope that things will just work out. Portuguese people always tilt their heads and laugh when I worry about these things. Filing a lawsuit is an option, if necessary, though that would trigger even more costs, delays, and anxiety.

I see in the WhatsApp group that all of the GV lawyers are conferencing and scrambling to interdict a crippling blow to the program. Their motivations are different, but their interests mostly parallel those of GV investors. Portugal is a pretty small country, and these people know each other; I suspect that the word will get back to legislators about these concerns. I hope for the best!

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@gwytb is exactly correct. The government has decided to launch a third betrayal against investors in as many years. Those invested long enough remember the past. But now this has gone too far in my opinion. The government can propose anything they want. It doesn’t mean that it is constitutional, or just, or fair. It is nothing short of a betrayal.

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Not that I in any way disagree with the frustrations here, but there is already a lengthy discussion on this topic taking place in What's the potential impact of the 2025 Portuguese election on the Golden Visa program and pathway to citizenship? - #181 by rogergan68. Maybe the two should be merged.

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I see that one but this I thought would be more specific.

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I did see someone’s lawyers comments on the proposed legislation before this latest approval. Still waiting for lawyers comments after this latest development.

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