Latest / IMI Podcasts / Citizenship Takes Longer Than the Law Says
Transcript
- 0:00SPEAKER_00: Portugal gives its migration agency 90 days to issue a residence permit, and the agency has taken two to three years.
- 0:07SPEAKER_00: Only then does the 10-year count to citizenship begin.
- 0:10SPEAKER_00: Every nationality law prints one number.
- 0:13SPEAKER_00: A second one, set by the queue, decides when your passport arrives.
- 0:17SPEAKER_00: So where does the time hide?
- 0:19SPEAKER_00: We follow eight routes, from Lisbon to the Caribbean, and end on four questions that expose the date nobody prints.
- 0:29SPEAKER_00: Each route to citizenship has a number written into its nationality law.
- 0:33SPEAKER_00: Another number measures how many files an agency, a court, or a head of state can decide in a year.
- 0:39SPEAKER_00: That second number is where almost all the surprise lives.
- 0:43SPEAKER_00: Some routes start the clock late, others wait on one signature, a court, or a booking portal.
- 0:49SPEAKER_00: Brochures quote the first one.
- 0:50SPEAKER_00: Delivered timelines come from the second, and two people with the same entitlement can land years apart.
- 0:56SPEAKER_00: Picture each route as a ticket with two figures printed on it, the law and the Q.
- 1:01SPEAKER_00: We start where the Q moved the start line itself.
- 1:07SPEAKER_00: Route number one is Portugal.
- 1:09SPEAKER_00: Its revised nationality law took effect on May 19, 2026, after a long fight.
- 1:15SPEAKER_00: Parliament first approved it in October 2025 by 157 votes to 64, and the Constitutional Court then struck down four of the seven contested clauses.
- 1:26SPEAKER_00: Lawmakers passed a revised text in April 2026 by 152 votes to 64, and Portugal's president signed it on May 3.
- 1:36SPEAKER_00: Most foreign nationals now need 10 years of legal residence to naturalize.
- 1:40SPEAKER_00: Citizens of European Union states and of countries where Portuguese is an official language qualify at 7.
- 1:47SPEAKER_00: The bigger change is when the count begins.
- 1:49SPEAKER_00: It now starts on the day AIMA, the migration agency, issues the residence permit.
- 1:54SPEAKER_00: A 2024 amendment had started the count at filing to shield applicants from delay.
- 2:00SPEAKER_00: This law reverses it.
- 2:02SPEAKER_00: By law, AIMA has 90 days to decide a permit application.
- 2:06SPEAKER_00: Instead, it has taken two to three years, and those years land on top of the 10.
- 2:11SPEAKER_00: Portugal's president flagged the problem in the note he published as he signed the law.
- 2:16SPEAKER_00: That note says the slowness of the state should not affect the timelines the law sets for nationality.
- 2:21SPEAKER_00: Those words have no binding force, and the counting rule the note complains about is unchanged.
- 2:26SPEAKER_00: One protection survived.
- 2:28SPEAKER_00: Procedures already pending on May 19, 2026 fall under the old five-year rule.
- 2:34SPEAKER_00: So is every investor who filed before May safe?
- 2:37SPEAKER_00: The transitional article refers to pending administrative procedures, without saying which ones.
- 2:43SPEAKER_00: Madalena Monteiro of Liberty Legal argues that applicants with pending residency files retain the old counting method.
- 2:51SPEAKER_00: That ambiguity decides the fate of more than 20,000 investors who were waiting for IMAR appointments in April 2026, some since 2021.
- 3:01SPEAKER_00: Investors are fighting back on three fronts.
- 3:04SPEAKER_00: They filed a brief with the Constitutional Court in December 2025.
- 3:08SPEAKER_00: More than 500 investors organized a collective action in May 2026.
- 3:13SPEAKER_00: In June, a consortium of nine law firms filed an Ombudsman complaint for 1,260 clients.
- 3:23SPEAKER_00: The United States sets the opposite trap.
- 3:26SPEAKER_00: Its law requires five years as a green card holder before naturalizing, or three when married to a citizen.
- 3:32SPEAKER_00: Almost the whole weight comes before the green card.
- 3:35SPEAKER_00: Investors on the EB5 route who were born in high-demand countries queue for an immigrant visa number.
- 3:42SPEAKER_00: Country of birth decides how long.
- 3:44SPEAKER_00: In the September 2026 visa bulletin, the final action date for Chinese nationals in the unreserved category was December 1, 2016.
- 3:53SPEAKER_00: A Chinese investor with a 2017 priority date is waiting for a number nearly a decade later.
- 3:59SPEAKER_00: Their five-year residence clock has not begun.
- 4:02SPEAKER_00: For Indian nationals, the State Department marked the unreserved category unavailable for the rest of fiscal year 2026.
- 4:10SPEAKER_00: The same bulletin warned that it could move backward or close for every country before September 30th.
- 4:16SPEAKER_00: Reserved categories tell the other half.
- 4:19SPEAKER_00: Rural, high unemployment, and infrastructure slots were current for every country, China and India included.
- 4:25SPEAKER_00: Congress wrote the per country limits into the Immigration and Nationality Act.
- 4:30SPEAKER_00: So this cue is an allocation rule.
- 4:32SPEAKER_00: For the investor, the effect is the same.
- 4:35SPEAKER_00: Two people investing identical capital in the same month can be a decade apart on the road to a U.S.
- 4:41SPEAKER_00: passport.
- 4:42SPEAKER_00: Neither country of birth nor investment category appears anywhere in the naturalization statute.
- 4:50SPEAKER_00: The shortest routes show the widest gap in proportion.
- 4:53SPEAKER_00: Citizenship by Investment, or CBI, once asked for no residence at all.
- 4:59SPEAKER_00: That is no longer accurate for any of the five Caribbean programs.
- 5:02SPEAKER_00: Antigua and Barbuda put a bill to Parliament in July 2026, raising its post-citizenship requirement from five days to 30.
- 5:11SPEAKER_00: Grenada wrote a 30-day rule into law, then deferred it on August 21.
- 5:16SPEAKER_00: St.
- 5:16SPEAKER_00: Kitts and Nevis plans to replace donation-only routes with physical presence, with no day count fixed yet.
- 5:23SPEAKER_00: In St.
- 5:23SPEAKER_00: Lucia, draft 30-day regulations are not in force.
- 5:27SPEAKER_00: Dominica now requires new citizens to collect their passports in person since June 2026.
- 5:33SPEAKER_00: A regional agreement from 2025, called ECCIRA, sets at least 30 days over the first five years, once its regulator starts work.
- 5:43SPEAKER_00: Brochures across the five programs advertise three to six months.
- 5:47SPEAKER_00: The IMI Processing Times Tool, which surveys approval times reported by working agents each quarter, recorded roughly 5 to 18 months.
- 5:56SPEAKER_00: On data from the last quarter of 2025, St.
- 5:59SPEAKER_00: Kitts and Nevis averaged about five months, and Grenada 7.
- 6:03SPEAKER_00: In Dominica, the average was 9 months.
- 6:06SPEAKER_00: Antigua and Barbuda averaged 14, and St.
- 6:09SPEAKER_00: Lucia 18, with reported cases from 12 to 26 months.
- 6:14SPEAKER_00: That makes St.
- 6:15SPEAKER_00: Lucia's average six times the brochure's three months.
- 6:18SPEAKER_00: Half the program's IMI tracks got faster in the first quarter of 2026, Dominica among them.
- 6:24SPEAKER_00: No legislature set any of those numbers.
- 6:26SPEAKER_00: Application volume, due diligence layers added since 2023, and each unit's capacity produced the spread.
- 6:34SPEAKER_00: Those numbers move every quarter.
- 6:36SPEAKER_00: IMI Sovereigns members get the Processing Times tool with live data on how fast programs move, updated by analysts in the field.
- 6:44SPEAKER_00: It shows which programs are accelerating and which are grinding to a halt, and a monthly live briefing brings processing time updates.
- 6:52SPEAKER_00: Sovereigns is independent.
- 6:54SPEAKER_00: It sells no programs and takes no referral fees.
- 6:57SPEAKER_00: Join at imidaly.com slash IMISovereigns and use the code SOV10 for 10% off your first month.
- 7:08SPEAKER_00: Route number four is Paraguay.
- 7:10SPEAKER_00: Its constitution asks for three years of residence and says nothing about permanent residence.
- 7:16SPEAKER_00: The rule that the three years start only with permanent residency comes from an internal Supreme Court regulation.
- 7:22SPEAKER_00: Paraguay has never passed a law to implement the constitutional article.
- 7:27SPEAKER_00: A bill before the Chamber of Deputies admits the result in its own memorandum.
- 7:31SPEAKER_00: Proceedings of three to five years, against a three-year requirement.
- 7:35SPEAKER_00: As of September, it had not left committee.
- 7:38SPEAKER_00: Three years is the published figure.
- 7:40SPEAKER_00: Applicants who start on temporary residency, outside the investor route, add up to two more years.
- 7:46SPEAKER_00: Route number five is Panama.
- 7:48SPEAKER_00: Its constitution requires five consecutive years of residence, or three for those married to a Panamanian.
- 7:54SPEAKER_00: Each grant arrives by presidential decree.
- 7:57SPEAKER_00: Panama's then Vice Minister told IMI in December 2025 that the president signs everyone personally.
- 8:04SPEAKER_00: He left the post in June 2026, and Panama has published no count of the decrees awaiting signature since.
- 8:11SPEAKER_00: That signature cue is nowhere in the statute.
- 8:17SPEAKER_00: Route number six is Spain, with 10 years in its nationality law for most applicants and two for Ibero-American nationals.
- 8:25SPEAKER_00: Spain's 2015 Royal Decree gives the Nationality Directorate one year to resolve an application.
- 8:31SPEAKER_00: After that year, Spanish law treats silence as a denial, which opens an appeal to the Audiencia Nacional, the National Court.
- 8:38SPEAKER_00: Practitioners report one to three years, and many appeal just to force movement.
- 8:43SPEAKER_00: A well-documented file often ends with the ministry deciding the case instead of defending it in court.
- 8:49SPEAKER_00: Filing that appeal takes a lawyer.
- 8:51SPEAKER_00: You can find a credible investment migration professional at imidaly.com slash IMI Professionals.
- 9:00SPEAKER_00: Route number seven is Poland, where citizenship by descent is confirmed, never granted.
- 9:06SPEAKER_00: Poland treats a qualifying descendant as a citizen since birth.
- 9:10SPEAKER_00: There is no residence period, no language test, and no investment, so the whole timeline is administrative.
- 9:16SPEAKER_00: Applicants with no last address in Poland all go to one office in Warsaw.
- 9:21SPEAKER_00: By law, it has six months to decide.
- 9:23SPEAKER_00: That count excludes suspensions, delays caused by the applicant, and causes beyond the office's control.
- 9:29SPEAKER_00: Law firms report weights measured in years, and the passport application comes only after that.
- 9:38SPEAKER_00: Route number eight is Italy.
- 9:40SPEAKER_00: There, a consular cue decided who had a legal right.
- 9:43SPEAKER_00: A 2025 law restricted citizenship by descent for people born abroad who already have another nationality.
- 9:51SPEAKER_00: Under it, a grandparent born in Italy who also had Argentine or Brazilian nationality no longer supports a claim.
- 9:58SPEAKER_00: The Constitutional Court upheld it in March 2026.
- 10:02SPEAKER_00: Only the law's own cutoff protected those who had filed, secured an appointment, or gone to court before March 27, 2025.
- 10:10SPEAKER_00: Consular calendars across South America and the United States had been saturated for years.
- 10:16SPEAKER_00: One embassy, in Bogota, said in 2022 that it could not process new dissent applications and set no restart date.
- 10:24SPEAKER_00: Two people with identical ancestry ended up on opposite sides of a legal line, separated by whether a booking portal had capacity.
- 10:32SPEAKER_00: In May 2026, Italy's highest appeals court ruled that an applicant blocked from filing may go straight to court.
- 10:39SPEAKER_00: The restriction is now before the Court of Justice of the European Union, and it is in force until Luxembourg decides.
- 10:49SPEAKER_00: Any provider will quote you the statutory figure.
- 10:52SPEAKER_00: Four questions move the conversation to the delivered one.
- 10:55SPEAKER_00: First, which event starts the clock?
- 10:58SPEAKER_00: Filing, permit issuance, and permanent residence are three different dates.
- 11:02SPEAKER_00: Second, who signs the final decision?
- 11:04SPEAKER_00: A registrar, a court, and a president clear files at different speeds.
- 11:09SPEAKER_00: Third, what is the authority's cue today?
- 11:12SPEAKER_00: Ask for a number with a date attached.
- 11:14SPEAKER_00: Fourth, what happens once the legal deadline passes without a decision?
- 11:18SPEAKER_00: Spain lets you appeal, and Poland leaves you nothing to appeal against.
- 11:22SPEAKER_00: The statutory period is the one figure that does not change as you wait.
- 11:26SPEAKER_00: Everything around it is capacity, and capacity belongs in your decision.
- 11:31SPEAKER_00: Portugal's law brought more changes than the start line.
- 11:35SPEAKER_00: In the video on your screen, we go through four of them.
- 11:38SPEAKER_00: Subscribe and turn on notifications so the next cue does not catch you out.