The recent revision of the Nationality Law, approved by Parliament in April and since enacted, introduced a broader and, in several respects, more demanding set of changes than those foreseen in earlier drafts, particularly the versions discussed in June and October.
The final decree is more detailed than the most publicised measures suggested, and in some cases may have a direct and unexpected impact on many applicants, explains Ana Lamares, partner at the law firm Lamares, Capela & Associados, in this article prepared for idealista/news.
Some of these changes are not immediately obvious to the general public, as they are less clearly expressed in the legal text, but they have important practical consequences for those exercising the right to nationality.
Among these amendments, there are some less favourable developments in the adoption nationality regime, as well as stricter evidentiary requirements for spouses and minor children of Portuguese citizens. Although these changes are technically consistent with the legislation, they may come as a surprise to those who started their applications under the previous rules.
It is also important to note that, although much of the public debate has focused on changes to nationality based on length of residence, the scope of the reform is far broader. In practice, the new framework affects several categories of applicants, including grandchildren and great-grandchildren of Portuguese citizens, minor children, adopted children, spouses, partners, and even ascendants of Portuguese citizens by origin.
The result is an overall more restrictive system, in which access to Portuguese nationality depends on stricter and, in some cases, less predictable criteria.
Under Article 4 of the approved decree, the Government must revise the Portuguese Nationality Regulations — approved by Decree-Law No. 237-A/2006 of 14 December — within 90 days of the publication of the new law.
This will be a particularly important step, as the regulations are expected to clarify several aspects that remain unclear at this stage, including inconsistencies, interpretative divergences, and new solutions introduced by the legislator. However, Portuguese legislative practice shows that these deadlines are rarely followed to the letter, so it will be prudent to closely follow regulatory developments, which will be crucial for the practical application of many of the changes now approved.
Main changes approved
Assignment – Article 1 of the LN
Article 1, paragraph 1, subparagraph d) - Grandchildren of Portuguese citizens
- Mandatory test covering the Portuguese language and culture, history and national symbols; fundamental rights and duties and political organisation of the Portuguese State; and adherence to the fundamental principles of the democratic rule of law.
- Exclusion of candidates who are serving prison sentences of more than three years for terrorism, violent or especially violent crime, highly organised crime, crimes against state security, or aiding illegal immigration, when punishable under Portuguese law; for conduct that endangers or threatens national security or defence; and for conduct covered by restrictions adopted by the United Nations or the European Union.
Article 1, paragraph 1, subparagraph f) - Children of foreigners born in Portugal
- Nationality may be granted if the parents have been legally resident together in Portugal for at least five years at the time of the child’s birth.
Acquisitions by virtue of will – Articles 2, 3, 4 and 5
Acquisition by minor children of the person who acquired a derivative asset – Article 2 of the LN
Apparently, there were no direct changes to this provision, but due to the amendment of the rules on opposition to nationality in Article 9, it is indirectly affected:
There is now a possibility of opposition to, and loss of, nationality where there are no effective ties to Portugal, assessed in light of the naturalisation requirements in Article 6, paragraph 1(c)(ai).
In other words, beyond knowledge of the Portuguese language, applicants must now demonstrate knowledge of the Portuguese language and culture, history and national symbols; fundamental rights and duties and the political organisation of the Portuguese State; adherence to the fundamental principles of a democratic state governed by the rule of law; their ability to support themselves; and there is also the possibility of refusal on the basis of a conviction for the crime of insulting national symbols.
- From the age of 16, candidates are excluded if they have been sentenced to an effective prison term of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law, or where they pose a danger or threat to national security or defence, or are covered by restrictions adopted by the United Nations or the European Union.
- At present, facts supporting opposition can be reported for up to two years after the conclusion of the process, and such reporting can be made by any person who has knowledge of those facts.
Acquisition through marriage and common-law partnership – Article 3 of the Nationality Law
Due to the amendments to the rules on opposition to nationality in Article 9, this regime is also indirectly changed, specifically:
There is now the possibility of opposition to, and loss of, nationality where there are no effective ties to Portugal, assessed in line with the naturalisation requirements in Article 6, paragraph 1(c)(ai).
In practice, beyond knowledge of the Portuguese language, applicants must now demonstrate knowledge of the Portuguese language and culture, history and national symbols; fundamental rights and duties and the political organisation of the Portuguese State; adherence to the fundamental principles of a democratic state governed by the rule of law; the ability to support themselves; and there is also the possibility of refusal on the basis of a conviction for the crime of insulting national symbols.
- As regards criminal records, the same criteria apply as for naturalisation under Article 6, paragraph 1(f)(ah). This means exclusion of candidates who have been sentenced to an effective prison term of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law, or who pose a danger or threat to national security or defence, or are subject to restrictions adopted by the United Nations or the European Union.
- There can be no opposition to the acquisition of Portuguese nationality when the marriage or stable union has lasted more than six years, or when the couple has children with Portuguese nationality, except on the substantive grounds set out in points (f) to (h), which relate to the criminal record.
- At present, facts supporting opposition can be reported for up to two years after the conclusion of the process, and such reporting can be made by any person who has knowledge of those facts.
Acquisition through Adoption – Article 5 of the Nationality Law
This represents a step backwards in the law, which again requires a formal declaration for the granting of nationality and classifies it as an acquisition by choice.
- Nationality through adoption is now subject to the opposition mechanism set out in Article 9 and following, since it is no longer acquired by effect of law but by effect of will, operating only “by declaration”. This is confirmed by the structural amendment to the Nationality Law, as “Section II of Chapter II is eliminated, with Article 5 now integrated into Section I”, that is, in the section on “Acquisition of nationality by effect of will”.
Owing to the amendment of the regime on opposition to nationality in Article 9, this route is also affected. Specifically, there is now the possibility of opposition to, and loss of, nationality where there are no effective ties to Portugal, assessed in light of the naturalisation requirements in Article 6, paragraphs (c) and (ai).
In practice, beyond knowledge of the Portuguese language, applicants must demonstrate knowledge of the Portuguese language and culture, history and national symbols; fundamental rights and duties and the political organisation of the Portuguese State; adherence to the fundamental principles of a democratic state governed by the rule of law; the ability to support themselves; and there is also the possibility of refusal on the basis of a conviction for the crime of insulting national symbols.
- As regards criminal records, from the age of 16, the same criteria apply as for naturalisation under Article 6, paragraph (f)(ah). This means exclusion of candidates who have been sentenced to an effective prison term of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law; for conduct that endangers or threatens national security or defence; or where they are subject to restrictive measures adopted by the United Nations or the European Union.
Naturalisations – Article 6 of the Nationality Law
Naturalisation based on length of residence – Article 6, No. 1 LN
- The residence period has been increased from five to seven years for nationals of Portuguese-speaking countries and citizens of European Union Member States, and to ten years for nationals of other countries (with an additional five years required for great-grandchildren, under Article 6, paragraph 8).
- Residence is only counted from the date on which legal residence is granted (and no longer from the date of the first application). Strictly speaking, “individuals who are legally residing in Portuguese territory are understood to be those who are here with their situation regularised before the Portuguese authorities, under any of the permits, visas or authorisations provided for in the regime governing the entry, stay, departure and removal of foreign nationals and in the asylum regime”.
- Introduction of a mandatory test covering the Portuguese language; Portuguese culture, history and national symbols; fundamental rights and duties; the political organisation of the Portuguese State; and adherence to the fundamental principles of a democratic state governed by the rule of law.
- Exclusion of candidates who are serving prison sentences of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law, or whose conduct poses a danger or threat to national security or defence, or is covered by restrictions adopted by the United Nations or the European Union.
Naturalisation of minors – Article 6, No. 2 LN
- Requires five years of the parent’s legal residence in Portugal (irregular status or shorter periods, as previously allowed, are no longer accepted).
- The child must also be enrolled in and attending compulsory education in Portugal.
- From the age of 16, the minor must adhere to the principles of a democratic state governed by the rule of law. Candidates who have been sentenced to an effective prison term of more than three years are excluded, as are those convicted of crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law, whose conduct poses a danger or threat to national security or defence, or who are subject to restrictions adopted by the United Nations or the European Union.
Naturalisation of stateless persons – Article 6, paragraph 3 of the Nationality Law
- New type of procedure aimed at stateless persons who have been legally resident in Portugal for at least four years.
- Introduction of a mandatory test covering the Portuguese language; Portuguese culture, history and national symbols; fundamental rights and duties; the political organisation of the Portuguese State; and adherence to the fundamental principles of a democratic state governed by the rule of law.
- Exclusion of candidates who are serving prison sentences of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law; for conduct that endangers or threatens national security or defence; or where they are subject to restrictions adopted by the United Nations or the European Union.
Naturalisation of great-grandchildren – Article 6, No. 8 LN
- Direct citizenship is now limited to great-grandchildren, meaning great-great-grandchildren and subsequent generations no longer have this right.
- Great-grandchildren must have five years of legal residence in Portugal.
- Introduction of a mandatory test covering the Portuguese language; Portuguese culture, history and national symbols; fundamental rights and duties; the political organisation of the Portuguese State; and adherence to the fundamental principles of a democratic state governed by the rule of law.
- Exclusion of candidates who are serving prison sentences of more than three years for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law, whose conduct poses a danger or threat to national security or defence, or who are subject to restrictions adopted by the United Nations or the European Union.
Elimination of several naturalisation and nationality processes
The following routes to Portuguese nationality are abolished under the revised law:
- Children born in Portugal to parents in an irregular (illegal) immigration situation (Article 6, no. 5)
- Descendants of Sephardic Jews (Article 6, paragraph 7)
- Ascendants of Portuguese citizens by origin (Article 6, no. 8)
- Persons who, while not stateless, have previously held Portuguese nationality, such as those born in former Portuguese colonies (part of Article 6, paragraph 6)
- Persons considered to be descendants of Portuguese citizens by origin (part of Article 6, paragraph 6)
- Members of communities of Portuguese descent (part of Article 6, no. 6)
Other general notes
Calculation of the residence period for naturalisation
- The qualifying period no longer runs from the “moment residence was requested”. It now runs from the moment “individuals are legally residing in Portuguese territory, with their situation regularised before the Portuguese authorities, under any of the permits, visas or authorisations provided for in the regime governing the entry, stay, departure and removal of foreign nationals and in the asylum regime”.
- All periods of legal residence in Portugal can be added together, whether continuous or not, provided they fall within a maximum interval of 6, 9 or 12 years. The applicable interval depends on whether the person is stateless, a national of a Portuguese-speaking country or an EU Member State, or a citizen of another country. This replaces the previous general 15‑year time limit.
Nationals of countries where Portuguese is an official language
- Nationals of countries where Portuguese is an official language are not exempt from proving knowledge of Portuguese culture, history and national symbols; fundamental rights and duties; the political organisation of the Portuguese State; and adherence to the fundamental principles of a democratic state governed by the rule of law.
- In addition, the presumption that nationals of Portuguese‑speaking countries have sufficient knowledge of the Portuguese language can now be overturned if the case officer considers that a lack of proficiency is evident.
Criminal Record
For great-grandchildren, grandchildren, children acquiring nationality through marriage or stable union, minors aged 16 and over, adopted children and all naturalisations, exclusion applies where the conditions in points (f) and (h) of Article 6 are met:
- Persons convicted by a final and unappealable court decision and sentenced to more than three years in prison for crimes of terrorism, violent or especially violent crime, highly organised crime, crimes against state security or aiding illegal immigration, when punishable under Portuguese law.
- Persons who constitute a danger or threat to national security or defence, namely through involvement in activities linked to terrorism, violent crime, especially violent crime or highly organised crime.
- Persons who are subject to restrictive measures adopted by the United Nations or the European Union, as defined in Law No. 97/2017 of 23 August.
New regime: presumption regarding criminal record in Article 6, paragraphs 14 to 16
A new mechanism has been introduced for assessing criminal records:
“The requirement set out in point (f) of paragraph 1 constitutes a rebuttable presumption, the assessment of which is the responsibility of the Public Prosecutor’s Office, following a request from the competent services.
The following elements must be taken into account: (a) the length of the sentence imposed; (b) the type of crime committed; (c) whether the crime was intentional or negligent; (d) the time elapsed since the offence was committed; (e) any reoffending; and (f) specific circumstances that objectively confirm or refute the existence of the offender’s effective and genuine integration into the national community.”
- If the Public Prosecutor’s Office decides to apply the prohibitive effect arising from the requirement in point (f) of paragraph 1, the person concerned may bring legal proceedings seeking to have that effect set aside, based on the assessment factors referred to in the previous paragraph.
Stay in the know about living in Portugal as a foreigner—get our weekly newsletter for the latest travel, legal, and lifestyle news.
