Nationality law: recent reforms and their legal impact

With the recent parliamentary approval of the amendment to Law No. 37/81 of October 3, which establishes the Nationality Law, we are witnessing a true redefinition of the path to obtaining Portuguese citizenship. The amendment aims to make the route to nationality dependent on the existence of cultural and civic ties, the proof of which makes the process even more time-consuming and more demanding in terms of effective integration.

Extension of the residence period and introduction of new requirements:

The main changes appear to focus on nationality by naturalization, with the central pillar of the legislative proposal being the increase in the minimum period of legal residence required for naturalization—from the current 5 years to 7 years for nationals of Portuguese-speaking countries or the European Union, and 10 years for nationals of other countries.

Alongside the increase in the time requirement, new criteria are introduced to strengthen integration requirements. Applicants are now expected, in addition to demonstrating proficiency in the Portuguese language, to show knowledge of civic matters and political organization, as well as an explicit commitment to the fundamental principles of the democratic rule of law.

Time Is Ticking:

In line with the increase in the minimum residence period, changes have also been introduced regarding how the time is calculated. Thus, unlike the current framework—under which the period for acquiring nationality is counted from the date of submission of the residence permit application—the new regime establishes that this period will only begin on the date of issuance of the first residence permit.

In practical terms, this change significantly increases the waiting time for foreign residents who, expecting to acquire nationality after five years of residence, already face a substantial time gap between submitting their application and the issuance of their first residence card.

Changes to the regime applicable to children of foreign nationals born in Portugal:

The amendment to the regime governing the attribution of nationality to children of foreign nationals born in Portugal has also been approved. Under the new provisions, the acquisition of nationality by minors born in Portuguese territory is now contingent upon proof that at least one parent has legally resided in Portugal for a minimum of five years.

This provision represents a substantial change compared to the current regime, which allows for the granting of nationality upon proof of just one year of residence in Portugal by the parents, regardless of the type of residence permit.

Extension to great-grandchildren and the end of the special regime for Sephardic Jews

With regard to nationality by descent, two significant changes should be highlighted: (i) on the one hand, the new law extends the possibility of acquiring nationality to descendants of original Portuguese citizens up to the third degree in the direct line, thereby including great-grandchildren; and (ii) on the other hand, the special regime granting nationality to descendants of Sephardic Jews is repealed, making it no longer possible to submit new applications on that basis.

Absence of a transitional period:

It is important to note that the legislative proposal in question does not provide for a transitional regime, thereby establishing the immediate application of the new law to all applications submitted from the date of its publication.

In practical terms, this means that pending applications and those submitted up to the publication of the new law will continue to be assessed under the current framework, while applications filed after its entry into force will be subject to the newly introduced changes.

Next steps:

If you already meet, or are close to meeting, the applicable legal requirements—particularly the time requirement—it may be advisable to proceed with the preparation and submission of your application as soon as possible, in order to benefit from the current legal framework.

In sumary:

The proposed amendment to the Nationality Law introduces a structural change to the regime governing access to Portuguese citizenship, establishing a more demanding set of requirements and timeframes, with a direct impact on extending the period required to acquire this status.

In light of the above-mentioned changes and the absence of a transitional regime, it is recommended that residents who already meet the legal requirements consider submitting their applications as soon as possible, in order to have them assessed under the current legal framework.