Portugal tightens naturalisation rules, doubles residency requirement

The minority government of Portugal’s newly reappointed Prime Minister Luís Montenegro, under pressure from the far right to reduce immigration, presented a draft law on 23 June that includes amendments to the Nationality Law to introduce stricter requirements for Portuguese nationality.

Portugal has experienced a significant increase in immigration in recent years and the tightening of the rules was a central theme in May’s election, in which the far-right Chega party became the main opposition party. The draft law has yet to be sent to parliament but is expected to be approved with Chega’s support.

“We are significantly strengthening the requirements for access to citizenship, naturalisation, in line with the guidelines we had already included in the government’s programme,” said Cabinet Minister Antonio Leitao Amaro.

Under the draft law, the minimum legal residency requirement to apply for citizenship is to be increased from five to 10 years for most foreigners. Immigrants from the Community of Portuguese Language Countries (CPLP) – Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea-Bissau, Mozambique, Sao Tome and Principe, and Timor-Leste – will benefit from a reduced seven-year period.

Significantly, the residence period now starts counting from the date the residence permit is granted, not from the date of initial application. According to the government statement, the new citizenship rules will not apply to complete naturalisation applications submitted before 19 June 2025, but incomplete applications submitted before that date may not be accepted.

Under existing rules, aside from the five years of residency, foreign citizens must demonstrate sufficient knowledge of the Portuguese language, have no previous criminal convictions resulting in a prison sentence of more than three years, and must not constitute a threat to national security.

This is to be strengthened. Under the draft law, applicants will further be required to demonstrate familiarity with Portuguese culture, the rights and duties of Portuguese citizens, and make a declaration of support for the fundamental principles of a democratic state. Assessment tests are expected to be introduced as part of this process.

Applications will no longer be admissible for individuals with criminal records for crimes punishable by imprisonment, regardless of the sentence applied.

Children born in Portugal will no longer automatically qualify for Portuguese citizenship. Children of foreign parents will only be granted Portuguese nationality if both parents have had legal residence in Portugal for at least three years and the parents actively apply for the child’s nationality.

The law will also curtail the Sephardic Jewish ancestry route, which was specifically introduced in 2015 to grant Portuguese nationality through naturalisation to the descendants of Portuguese Sephardic Jews who were expelled from Portugal and Spain in the fifteenth century.

Acquisition through ancestry will be limited to the third generation – great-grandchildren – subject to proof of an effective connection to the Portuguese community.

There will be a provision allowing naturalised Portuguese who are convicted of serious crimes with effective prison sentences of five years or more to be stripped of their citizenship as an accessory penalty. This will be determined by a court on a case-by-case basis.

A separate draft law also seeks to regulate key migration channels, with emphasis on family reunification, CPLP residence and the Job Seeker Visa, also known as the DP (Documento de Posse) visa, which enables non-EU citizens to enter Portugal to look for employment.

It is proposed that family reunification would require at least two years of legal residence in Portugal. In-country applications would be permitted only for minors, while other family members must apply via consular channels. Applicants would also require proof of adequate housing, sufficient financial means, and integration efforts such as language and school attendance.

It is proposed that CPLP applicants would no longer be possible to obtain a residence permit based on a tourist visa or visa exemption. Security clearance by the Unidade de Coordenação de Fronteiras e Estrangeiros (UCFE) will also be required.

The Job Seeker Visa is a temporary visa valid for 120 days, with a possible extension for another 60 days. During this period, visa holders can search for jobs and even begin working until the visa expires or a residence permit is granted. It is proposed that this will now be restricted to highly qualified professionals, with technical qualifications and eligible professions defined by ordinance.

A new National Unit for Foreigners and Borders (UNEF) will be established within the police force with responsibility for border control, in-country inspections related to foreign nationals, and carrying out deportation and removal orders.

The Agency for Integration, Migration and Asylum (AIMA), which manages all matters concerning foreign documents, permits and visas, will be authorised to plan appointment schedules according to its operational capacity.

AIMA, which continues to process an enormous backlog of over 400,000 residency applications, reported in May that 123,000 residence permits had been approved and 23,500 immigrants had had their residence permit applications rejected. Of these rejected applicants, 4,500 have already been notified to voluntarily leave the country within 20 days. A further 171,000 applications had been cancelled due to lack of payment.

AIMA estimates that more than 1.5 million foreign citizens were legally residing in Portugal as of the end of 2024. Brazilians are the largest group, with over 450,000 legal immigrants.

The new government proposals do not include any further changes to residency rights under Portugal’s Golden Visa programme. Once a Golden Visa application is submitted, the applicant’s right to residency remains protected and the option for permanent residency after five years of residence under the Golden Visa remains. However, depending on timing, access to naturalisation may be affected by the proposed law.