Recently, the Portuguese government's proposal to significantly raise the threshold for citizenship has sparked widespread controversy. Now, this highly anticipated reform has reached a new development: the proposal was not approved by Parliament, did not enter the voting process, and has now been submitted to a parliamentary committee for further review. This means that the current Portuguese Golden Visa policy remains unchanged.
1. Proposal Not Approved, Returned to Special Committee for Review
On June 23, the Portuguese government proposed amendments to the Nationality Law and the Foreigners' Entry Law, including extending the period for obtaining Portuguese nationality (from 5 years to 7 to 10 years), changing the starting point for calculation (from the date of application submission to the date of residence permit approval), and strengthening judicial restrictions on family reunification. Due to constitutional concerns raised by numerous parliamentarians and public experts (including the President), Parliament chose to return the proposal to the "special committee stage," rather than approving it or entering formal voting.
2. Expert Opinions: Multiple Provisions May Be Unconstitutional
Jorge Miranda, a constitutional scholar known as the "Father of the Portuguese Constitution," and his colleague Rui Tavares Lanceiro pointed out in media such as Expresso that several amendments "constitute unconstitutionality" or are "constitutionally unacceptable":
1. Retroactive Application Issue: The government attempts to make the new regulations retroactive to June 19, but Article 18, Section 3 of the Constitution explicitly prohibits restrictive regulations from having retroactive effect.
2. Extended Timeframe and Uncertainty of Application: Changing the starting point from "application date" to "date of residence permit approval" undermines legal certainty, making the application period dependent on administrative efficiency, which violates the principles of judicial security and equality.
3. Risk of Nationality Revocation: The proposal aims to add provisions for the loss of nationality for those who obtained it through naturalization, but this may constitute differential treatment compared to native citizens who cannot have their status revoked, which is unconstitutional.
4. Restrictions on Family Reunification Litigation: The proposal aims to limit the right to urgent litigation against the immigration authority's refusal of family reunification decisions, which experts believe restricts judicial relief and interferes with judicial independence and fairness.
3. Golden Residence Permit Remains Unaffected
The government has made it clear that the new amendments will not affect the Golden Visa system, which operates separately from immigration and nationality laws.
Relevant professional media have also pointed out that although there are calls to tighten the Golden Visa, it is currently not included in this proposal, and adjustments may still occur in the future, but there will be no changes in the short term.
4. Outlook for the Future
The government has requested the proposal to be returned to the special committee for continued review, aiming to revise the content based on a more comprehensive consensus, with expectations to resume discussions in the fall.
Parliament will be in recess during the summer (around July 17) and will resume discussions in the fall; meanwhile, civil rights groups and the legal community continue to push to ensure that applicants' existing rights will not be affected by the new law.
In summary, the current proposal "has not been approved and has constitutional controversies," indicating that broader discussions and adjustments are still ongoing, and any new policies will not be implemented immediately. WorldWay Immigration will continue to monitor the situation and share updates as soon as they arise.
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Seize the Best Opportunity for Immigration to Portugal
The Portuguese immigration policy continues to be implemented according to current regulations, and its citizenship requirements still maintain significant advantages within the European Union: applicants can apply for citizenship after five years from the submission of their immigration application plus participation in government-mandated Portuguese language courses. There is no longer a requirement to take the Portuguese A2 exam; applicants only need to complete the government-mandated Portuguese language course, fulfill the required hours, and obtain an A2 language learning certificate, with only one spouse needing to obtain the certificate. Once the applicant's citizenship is approved, they can bring their spouse and minor children to apply for citizenship in Portugal, thereby obtaining a Portuguese EU passport.
It is recommended that interested applicants take advantage of the current policy window and initiate the application process as soon as possible to avoid missing this opportunity. As one of the earliest immigration agencies in China to promote the Portuguese Golden Residence Program, WorldWay Immigration has created the first successful case of a Portuguese Golden Visa investor in China, successfully applying for a Portuguese EU passport. WorldWay Immigration is your reliable choice for processing Portuguese immigration.
Currently, through the Portuguese Fund Investment Immigration Program, investors can invest starting from €500,000 to purchase funds, allowing the entire family across three generations to apply for Portuguese Golden Residence status, with quick approval. As a member of the European Union, Schengen Area, and NATO, holding a Portuguese residence permit allows for travel across 29 Schengen countries in Europe. After obtaining Portuguese Golden Residence status, applicants can apply for citizenship upon meeting relevant conditions, acquiring an EU passport.
Additionally, immigration to Portugal can also be achieved through the Portuguese Cultural and Artistic Donation Program. According to the law, applicants only need to invest €200,000 to apply for Portuguese Golden Residence status for the entire family across three generations, providing a low-cost and convenient path to obtaining an EU passport.
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