The Portuguese government has become embroiled in a dispute over the Golden Visa programme after Minister of the Presidency António Leitão Amaro accused investment‑migration consultants of promising clients a Portuguese passport. A consortium of four law firms representing more than 500 Golden Visa investors is preparing a collective lawsuit and plans to challenge the new nationality law in several jurisdictions.
Minister’s accusation
- At a press conference on 24 May, Amaro said any consultant who told a client that “buying a Portuguese passport” was guaranteed through the residence‑by‑investment scheme had deceived the client.
- The comment follows the entry into force of Lei Orgânica n.º 1/2026 on 19 May, which doubles the naturalisation period for most foreign nationals from five to ten years.
- For citizens of the EU and the Community of Portuguese Language Countries (CPLP) the required residence period is now seven years.
Legal response
- Over 500 Golden Visa holders are organising a collective action against the state.
- A four‑firm consortium (Fieldfisher Portugal, Paxlegal, RME Legal and a fourth unnamed firm) will pursue challenges in Portuguese courts and abroad.
- The consortium’s arguments focus on legitimate expectations created by the state, not on alleged misconduct by consultants.
Key points raised by the lawyers
- André Miranda (Fieldfisher Portugal): The Golden Visa has always been a residence‑by‑investment programme, not a citizenship‑by‑investment scheme. He questioned the minister’s promise that all investors would receive residence cards by 2026, a commitment made in October 2025 during the 2026 State Budget hearings. The promise was linked to an expected €85 million revenue stream for the Agency for Integration, Migration and Asylum (AIMA).
- Bárbara Pestana (Paxlegal): Emphasised the four‑ to five‑year backlog for residence permits, arguing that the state’s failure to process applications on time broke investors’ trust.
- Raquel de Matos Esteves (RME Legal): Cited documentary evidence that the state itself created expectations about the length of residence required for naturalisation. She referenced an amicus curiae brief filed with the Constitutional Court in December 2025, which noted that the SEF website previously indicated a path to nationality through the Golden Visa and that the required residence period had been reduced from six to five years before being doubled to ten.
Legislative background
- Parliamentary vote on the nationality law: 152 yes – 64 no (1 April 2026), resulting from a coalition between the Social Democratic Party (PSD) and Chega.
- Presidential promulgation: President António José Seguro signed the decree on 3 May 2026.
- Constitutional Court ruling (December 2025): Four of seven contested provisions were struck down, but the ten‑year naturalisation period was upheld. The surviving provisions were reconfirmed with a 157‑vote supermajority.
- Transitional protection: Article 7.2 of the law shields nationality applications filed on or before 18 May 2026. Applications not yet filed by Golden Visa holders receive no protection.
- Implementation timeline: The government has 90 days from publication to issue the implementing regulation (Regulamento da Nacionalidade Portuguesa). Neither AIMA nor the Institute of Registries and Notaries (IRN) has released procedural guidance yet.
Practical implications for Golden Visa investors
- Residence permits: Investors cannot rely on a guaranteed issuance by 2026; the backlog may extend processing times to four or five years.
- Naturalisation: The earliest eligibility for Portuguese citizenship is now ten years of legal residence (seven years for EU/CPLP nationals), unless an application was lodged before 18 May 2026.
- Legal recourse: The collective lawsuit seeks compensation for delayed permits and challenges the retroactive extension of the naturalisation period.
- Future guidance: Investors should monitor the forthcoming implementing regulation and any procedural updates from AIMA and IRN, as these will determine the exact steps and timelines for residence‑card issuance and subsequent naturalisation applications.
Source article: www.imidaily.com
