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Portugal’s Golden Visa investors are suing the state after a new nationality law doubled the residency requirement for citizenship from five to 10 years. A consortium of nine law firms, representing 1,260 clients, has filed a complaint with the Portuguese Ombudsman (Provedoria de Justiça) to protect “legitimate expectations” amid massive processing delays at the immigration agency AIMA.
The Legal Battle Over Portugal’s New Nationality Law
The conflict centers on a legislative shift effective May 19, which fundamentally changed the timeline for foreign nationals to obtain Portuguese citizenship. For most investors, the requirement jumped from five years to 10 years. Citizens of the EU and Community of Portuguese Language Countries now face a seven-year requirement.
According to the consortium of law firms, the government failed to provide a broad transitional regime for those already in the application pipeline. While Article 7.2 protects applications filed by May 18, many investors couldn’t file because AIMA had not yet issued their residence permits.
This creates a critical gap: the “residency clock” only starts once AIMA issues the permit, not when the investment application is submitted. While Portuguese law mandates a 90-day processing window, the consortium notes that applications currently take nearly five years on average.
Government Defense vs. Investor Allegations
Portuguese officials deny they “moved the goalposts.” Secretary of State Rui Armindo de Freitas stated that the citizenship changes do not affect the Golden Visa program itself. He argued that visa holders can still obtain permanent residency after five years and claimed that the longer wait for citizenship aligns Portugal with other European nations.
De Freitas attributed any “false expectations” regarding fast-track citizenship to the marketing tactics of private agencies. Minister of the Presidency António Leitão Amaro echoed this, accusing investment migration consultants of misleading clients.
The legal consortium rejected these claims. Immigration lawyer Gilda Pereira, who heads a golden visa agency, asserted that the state promoted citizenship prospects through promotional posters in Portuguese consulates, which have since been removed.
Comparing the Two Perspectives
| Government Position | Investor/Lawyer Position |
|---|---|
| Citizenship timeline changed; Golden Visa program remains intact. | Administrative failures (AIMA delays) cost investors their promised timeline. |
| Delays caused by inheriting 1 million pending applications. | State benefited from the program for a decade while promoting it. |
Strategic Legal Escalation and the Role of the Ombudsman
The filing with the Ombudsman is the third phase of a coordinated legal strategy. This push began with an amicus curiae brief filed with the Constitutional Court in December 2025 and a collective lawsuit against the state.
The consortium’s roadmap includes:
- State liability claims for legislative damage.
- Constitutionality challenges in national courts.
- Recourse to the European Court of Human Rights after domestic options are exhausted.
While the Ombudsman cannot issue binding decisions, it can investigate public bodies and, crucially, ask the Constitutional Court to review a law. This referral power is the primary goal for the lawyers.
The Broader Impact on Investment Migration
Portugal has issued Golden Visas since 2012, with a minimum buy-in of €250,000. The program has faced criticism for allowing organized crime figures—specifically from Russia and China—to gain entry and for inflating luxury real estate prices in major cities.
Lawyers argue this fight is about more than individual passports. Raquel Matos Esteves of RME Legal described it as a bid to “restore Portugal’s credibility,” while Emellin Oliveira of Paxlegal linked it to defending the “fundamental principles of the State of democratic rule.”
The outcome remains uncertain. Because Portuguese courts are notoriously slow, many applicants may simply reach the new 10-year mark before a final ruling is ever issued.
Frequently Asked Questions
Does the new law affect the Golden Visa residence permit?
According to Secretary of State Rui Armindo de Freitas, the citizenship changes do not affect the Golden Visa program itself; investors can still obtain permanent residency after five years.
Why can’t all investors apply under the old rules?
Article 7.2 only protects nationality applications filed by May 18. Many investors could not file by this date because AIMA had not yet issued their required residence permits.
How long is the current wait for Golden Visa processing?
While the legal requirement is 90 days, the consortium of law firms reports that processing currently takes nearly five years on average.
What are your thoughts on the changing rules for investment migration? Have you been affected by AIMA delays? Share your experience in the comments below or subscribe to our newsletter for the latest legal updates on European residency.
