Nationality Law Update

On May 3, 2026, the President of the Portuguese Republic promulgated the decree approved by the Portuguese Parliament amending the Portuguese Nationality Law.

It should be recalled that the initial version of this legislation had previously been vetoed by the President following a preventive constitutional review by the Constitutional Court, which found certain provisions unconstitutional. Subsequently, and as widely reported, several amendments to the original text were approved during the plenary session held on April 1, 2026, with the aim of addressing the constitutional concerns raised.

This information note therefore seeks to summarize the substantive content of the final version of the legislation, which, following promulgation, is now awaiting publication in the Official Gazette (Diário da República), at which point it will enter into force.

Main Proposed Amendments

In summary, the following key changes to the Portuguese nationality regime should be highlighted:

• Acquisition of nationality by individuals born in Portuguese territory (ius soli)

• Increase in the legal residence requirement for one of the parents, from 1 year to 5 years at the time of birth.

• Reintroduction of the requirement for an explicit declaration expressing the intention to acquire Portuguese nationality.

• Strengthening of the concept of “effective connection to the national community”

Introduction of stricter criteria, including:

• Knowledge not only of the Portuguese language, but also of Portuguese culture, history, and national symbols;

• Understanding of fundamental rights and duties, as well as constitutional values and the Portuguese political system;

• A formal declaration of adherence to the principles of the democratic rule of law.

• De facto unions with Portuguese citizens

Requirement of a prior judicial decision recognizing the de facto union for nationality acquisition purposes.

• Acquisition through adoption

Clarification that nationality is acquired through declaration, further detailing the procedural framework.

• Naturalization

• Increase in the minimum legal residence periods:

  • 7 years for nationals of CPLP member states and citizens of the European Union;

  • 10 years for nationals of other countries.

• Reinforcement of integration requirements:

  • Knowledge not only of the language, but also of Portuguese culture, history, and national symbols;

  • Understanding of fundamental rights and duties, as well as constitutional values and the Portuguese political system;

  • A formal declaration of adherence to the principles of the democratic rule of law.

• Calculation of periods of legal residence

• Repeal of the rule allowing the period between the submission of the residence permit application and the granting of the residence permit to count toward legal residence.

• Reduction of the relevant timeframe for accumulating periods of residence:

  • 6 years for stateless persons;

  • 9 years for nationals of CPLP member states and EU citizens;

  • 12 years for nationals of other countries.

• Naturalization of minors born in Portugal

Transition from an alternative requirements regime to a cumulative requirements regime, including effective attendance of compulsory education and legal residence of the parents.

• Opposition to the acquisition of nationality

Extension of the deadline for the Public Prosecutor’s Office to oppose nationality acquisition, from 1 year to 2 years.

• Revocation of special regimes

Elimination of the naturalization regime applicable to descendants of Portuguese Sephardic Jews.

Impact on Pending Nationality Applications

Under Article 7 of the Decree, administrative procedures pending on the date the law enters into force will continue to be governed by the current wording of the Nationality Law.

Accordingly, such applications should not, in principle, be affected by the new requirements introduced.

Impact on Future Nationality Applications

Applications submitted after the amended law enters into force will be subject to the new legal framework, including the stricter requirements described above.

Next Steps in the Legislative Process

Although the legislation has already been promulgated, it will only become effective following its publication in the Official Gazette (Diário da República).

It should also be noted that, at the time of promulgation, the President of the Portuguese Republic made two particularly relevant observations:

• The need to ensure that pending applications are not adversely affected by the new rules;

• The importance of ensuring that the calculation of residence periods is not negatively impacted by administrative delays.

While these observations reflect a concern for legal certainty and the protection of legitimate expectations, it is important to emphasize that they are not fully detailed in the legal text itself, which may lead to:

• Interpretative uncertainty regarding the application of the new regime;

• The need for supplementary regulation;

• Potential administrative and judicial litigation.

Ongoing Monitoring

In a context of legislative transition and increased regulatory requirements, the definition of appropriate legal strategies becomes particularly important.

Paxlegal will continue to closely monitor the evolution of this legislative process, keeping its clients informed and providing strategic legal guidance regarding the most appropriate pathways for obtaining Portuguese nationality in light of the applicable legal framework at any given time.