Golden visa investors prepare legal challenge against State

Monday, 20 July 2026AI summary
Golden visa investors prepare legal challenge against State
Photo: ECO

A group of 1,260 golden visa investors is planning legal action against the Portuguese government this September. They intend to request that the new Nationality Law be referred to the Constitutional Court, citing concerns over the impact of recent legislative changes on their residency status.

Context & Explainers

The Golden Visa (Autorização de Residência para Investimento, ARI) is Portugal's residence-by-investment program, created in 2012, granting non-EU nationals a residency permit in exchange for qualifying investments.

Since October 2023, direct residential real estate purchases no longer qualify — a reform aimed at easing housing market pressure. Eligible investment routes now include capital transfers (€500,000+), investment fund subscriptions, job creation, and contributions to scientific research or cultural heritage. Minimum amounts and conditions vary by category.

A Golden Visa provides Schengen travel rights, requires minimal physical presence in Portugal (7 days per year), and offers a pathway to permanent residency after five years and citizenship after six. The program has been politically controversial, with ongoing debate about its impact on housing prices and its value as an economic stimulus.

Applicants must deal with AIMA for residency processing, which has experienced significant backlogs.

The Constitutional Court (Tribunal Constitucional) is Portugal's highest court for constitutional review. Its primary role is to assess whether laws, decrees, and government actions comply with the Portuguese Constitution, and it has the power to strike down or suspend unconstitutional measures.

The court consists of 13 judges — 10 appointed by the Assembly of the Republic and 3 co-opted by the other judges. It also oversees the legality of political parties and their finances, verifies election results, and rules on the constitutionality of referendums.

The Constitutional Court is frequently in the news when opposition parties, the President, or the Ombudsman refer controversial legislation for review — such as labor reforms, housing laws, or immigration policy changes. Its rulings are final and binding.