American investors with golden visas are lobbying the Constitutional Court over the government’s changes to the Nationality Law.
In a legal submission known as Amicus Curiae, the 15 investors – “representing thousands of citizens in the same circumstances” – argue that the proposed changes betray the trust they put in Portugal (as well as the money) when they took out golden visas.
“There is a significant change in the rules, extending time limits and implying new burdens, betraying our trust in the word and good faith of the (Portuguese) state,” says the text.
Expresso explains that “the 15 signatories feel defrauded with the legal changes which don’t simply increase from five to 10 years the time necessary for legal residence in this country before being able to request nationality but do away with taking into account the time between the request and the issuance of the card, which, given the delays at AIMA (agency for integration, migrations and asylum), can add another four to five years to the process.”
Indeed, the Americans’ submission – powered by legal experts specialising in immigration – suggests five years could be just the tip of an ‘interminable’ iceberg.
Madalena Monteiro, representing the 15, says the ‘Amicus Curiae’ – lodged as the Constitutional Court inspects the law on the request of PS Socialists – sets out to show her clients ‘reality’.
“They feel the court does not know it. There are even some thinking about withdrawing their investments or lodging actions against the state,” she said.
“Kevin Goff, a former lawyer, is one of the signatories. He lives in Portugal with his husband, son aged 5 and daughter aged 3 – all of them on golden visas” writes Expresso. Goff then goes into what the family is facing: “We moved here in August of 2023, but my request and that of my son, for example, went in in 2021. In other words, in June of 2026 we should be able to request nationality – but if this law comes into effect, we will only be able to request nationality in 2033. And if there is still a waiting list of years, we might not be able to be Portuguese until 2035…”
Goff tells Expresso that he cannot see how the law in its current state will be upheld by Constitutional judges as the arguments put forward by the Americans are “robust.
“We made an investment, not for what we would gain but for the promise of the government which said that if we maintained that investment for five years, we could request citizenship. I am the only one who kept to the deal,” he complains.
A similar refrain comes from Glen Kramer, says Expresso, who took out his golden visa with an investment fund ‘in the area of construction’. “In exchange we would be able to request citizenship in five years. It was always our objective to have a voice in this democracy,” he said, stressing that he now he feels “defrauded”.
The submission also refers to the “intolerable” administrative delays endured by these high-end immigrants. A golden visa is meant to be decided within 90 days, but it can end up stretching to four years. Says Expresso: “It is estimated that 20,000 investors just in 2026 will be waiting for appointments with AIMA after years of waiting.”
“We feel demonised and penalised by the state due to its administrative failings,” say the 15. “Many investors might consider that Portugal no longer offers a stable, predictable environment.”
Expresso adds that an inquiry by NomadGate “reveals that more than 90% of people requesting golden visas would not have invested in Portugal had they known of the alterations” to the Nationality Law.
That said, it does need to be made clear that having residency in this country, as a foreigner, is every bit as useful as nationality. It gives protection – it simply does not include a Portuguese passport or the ability to vote in national / presidential elections. But thousands of foreigners live large portions of their lives in this country with residencies that they simply renew as and when necessary.
There are also many other ways for foreigners to move to Portugal which do not imply requesting a golden visa.
Source: Expresso
