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Golden Visa Investors Threaten Legal Action Against Portugal Over New Nationality Law

Writer: Xavi
Xavi
Jul 25
4 min read

Updated: Jul 25

Golden Visa investors threaten legal action against Portugal over new Nationality Law doubling citizenship timeline to 10 years.
Golden Visa investors threaten legal action against Portugal over new Nationality Law doubling citizenship timeline to 10 years.

LISBON — July 25, 2026 — A group of 1,260 foreign investors in Portugal has lodged a collective complaint with the Ombudsman's Office and intends to meet with the new Ombudsman within the next 15 days . The investors are threatening legal action against the Portuguese state over the new Nationality Law, which has doubled the time required for foreigners to acquire a Portuguese passport from five to ten years .

Quick Facts: Golden Visa Legal Action 2026

Feature

Details

Investors Involved

1,260 (potentially expanding to 2,000)

Action Taken

Collective complaint to Ombudsman's Office

Key Demand

Transitional scheme protecting existing applicants

Next Step

Legal action in September if no resolution

Representing Firms

9 Portuguese law firms (AGPC, Liberty Legal, Fieldfisher, etc.)

Ombudsman

LuĂ­sa Neto (new Ombudsman)

What Has Changed in the Nationality Law

Citizenship Timeline Doubled

The new Nationality Law, which entered into force on May 19, 2026, has not changed the Golden Visa scheme itself . However, it has:

  • Doubled the naturalization timeline from five to ten years for most foreign nationals

  • EU citizens and citizens of the Community of Portuguese Language Countries (CPLP) now face a seven-year requirement instead

Residency Clock Change

The period for obtaining a Portuguese passport only begins to run once the residence permit has been received, and not when the application was formally submitted, as was the case in the past .

"The most significant impact of the law on golden visa holders is the lack of a comprehensive transitional regime.A rule under Article 7.2 protects nationality applications filed on or before May 18, 2026, but investors who had not yet reached the filing stage, often because AIMA had not issued their residence permits in time, receive no such shelter."

Investor Complaints and Demands

Core Grievance

The investors argue that they fulfilled every requirement—investment, compliance, fees—yet continue to be penalised by administrative dysfunction and regulatory shifts they had no part in creating .

"Our clients fulfilled every requirement, investment, compliance, fees, yet continue to be penalized by administrative dysfunction and regulatory shifts they had no part in creating." — Sara Oliveira, LexGO

What Investors Are Asking For

Demand

Details

Transitional Scheme

Statutory period counted from application submission date

Constitutional Review

Referral of new law to Constitutional Court

Government Intervention

Protection for those already applied or waiting years for residence permits

"Investors, families, and residents who made decisions in good faith under Portugal's existing legal framework deserve fair treatment and transitional protection." — Catarina Almeida Garret, AGPC

Legal Action Timeline

Stage

Timeline

Ombudsman Meeting

Within 15 days

Legal Action

September 2026 (if no resolution)

Potential Investors Involved

Up to 2,000

"They are ready to initiate legal proceedings in September if nothing is resolved by that date." — Catarina Almeida Garrett, AGPC

Legal Campaign

Three-Pronged Strategy

The consortium of nine Portuguese law firms has already laid out a coordinated legal campaign :

Front

Action

1

Amicus curiae brief to Constitutional Court (December 2025)

2

Ombudsman complaint (current)

3

Collective lawsuit against Portuguese state

The consortium includes : AGPC, Liberty Legal, Fieldfisher Portugal, Paxlegal, LexGO Legal and Finance, RME Legal, AVCO Legal, BRF Legal, and Maria Margarida Torres.

The Ombudsman's Role

The Ombudsman (Provedor de Justiça) is an independent constitutional body that defends citizens against unlawful or unfair acts of the public administration . While it cannot issue binding decisions, it can:

  • Issue recommendations to correct injustices

  • Request the Constitutional Court to review the constitutionality or legality of a legal norm

"For the consortium already challenging the law on constitutional grounds, that referral power is the goal."

Future Legal Steps

The consortium has outlined a menu of options :

  1. State liability claims for legislative damage

  2. Constitutionality challenges in national courts

  3. European Court of Human Rights recourse once domestic remedies are exhausted

"More actions will follow. It is our duty as lawyers not to stop fighting before this injustice." — Sara Oliveira

Government Response

Portugal's government has shown little appetite for retreat. Minister of the Presidency António Leitão Amaro recently accused investment migration consultants of deceiving clients into expecting nationality quickly—a framing the consortium rejected as an attempt to rewrite the history of a program the state promoted and profited from for over a decade .

What's Next for the Implementing Regulation

The government has 90 days from May 19, 2026, to update the implementing regulation (Regulamento da Nacionalidade Portuguesa). AIMA and the Institute of Registries and Notaries (IRN) have yet to publish procedural guidance .

"Until they do, the practical fate of thousands of pending applicants remains unsettled, which is precisely the uncertainty the firms are asking the Ombudsman to address."

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