A Window of Hope for Residency Holders: Nationality Applications Likely to Fall Under Existing Rules Until New President Takes Office

Lisbon Dec 24, 2025 — For thousands of legal residents in Portugal approaching five years of residence, particularly those completing their eligibility period in February, there is growing reason for cautious optimism regarding nationality applications.

Following the Constitutional Court’s decision to declare parts of the revised nationality law unconstitutional, the legislative process has entered a period of transition. While Parliament may approve a revised version of the law in the coming months, the final authority to promulgate or delay that law will rest with the next President of the Republic, not the current one.

This distinction is crucial.

Portugal’s next president will only take office after the presidential elections conclude, likely following a second round. Until that moment, no new nationality framework can fully enter into force, even if Parliament completes its work earlier. As a result, applications submitted before the new president assumes office are expected to continue to be assessed under the existing legal framework, commonly referred to as the “old rules.”

Legal experts note that nationality law does not operate retroactively. This means that applicants who complete five years of legal residence and submit their applications before the promulgation of any new law should, in principle, be evaluated according to the rules in force at the time of submission.

For residents reaching the five-year threshold in February, this timing may prove decisive. With the presidential transition expected only weeks later — and legislative implementation often taking additional time — there remains a practical window in which eligible applicants can submit their files with legal certainty.

While caution and proper documentation are always advised, the current political calendar suggests that the next president, not the current one, will ultimately receive and decide on any newly approved nationality law. Until then, the legal ground remains stable for those who qualify under existing provisions.

For many families who have built their lives in Portugal, contributed through work and taxes, and patiently waited for this moment, the coming months represent not uncertainty — but a final, meaningful opportunity.