Portugal brings new Nationality Law into force – longer residence but less uncertainty

Portugal’s new Nationality Law, which substantially amends the legal framework governing Portuguese nationality, was promulgated by President António José Seguro on 3 May, ending months of uncertainty.

The revised Law, which was approved by parliament on 1 April, was published in the Official Gazette (Diário da República) as Organic Law No. 1/2026 on 18 May and entered into force the following day.

The new Law increases the minimum legal residence periods required for the acquisition of Portuguese nationality through naturalisation from five years under the previous regime to seven years for citizens of EU member states and Community of Portuguese Language Countries (CPLP) member states, and 10 years for citizens of other states.

The new Law also introduces a structural amendment regarding the calculation of the legal residence period. The relevant period for nationality purposes is now counted exclusively from the date of issuance of the first valid residence permit by the Agency for Integration, Migration and Asylum (AIMA).

Previously, the administrative waiting time following the submission of the residence application was taken into account. This amendment may have a significant impact on applicants for Portugal’s ‘Golden Visa’ where there are lengthy periods between the initiation of the immigration process and the issuance of the residence permit.

The new Law also introduces amendments in respect of the attribution of nationality to children of foreign nationals born in Portuguese territory. For the automatic attribution of nationality, one of the parents must have legally resided in Portugal for at least five years at the time of birth. Previously, it was only necessary for them to have lived there for one year, regardless of their legal status.

Finally, the new Law strengthens the criteria relating to effective connection with the Portuguese community and suitability requirements. Naturalisation applicants must now demonstrate:

• Proficiency in the Portuguese language (A2 level minimum)
• Knowledge of Portuguese culture, civic rights and duties, and the country’s political organisation through a formal assessment
• A solemn declaration of adherence to democratic principles
• Sufficient means of subsistence
• A clean criminal record – applicants with sentences of three years or more are ineligible.

Parliament first approved amendments in October 2025 but President Seguro then referred the draft legislation to the Constitutional Court, which struck down several provisions in December. It ruled that applying the new, longer residency timelines to existing pending applications would be unconstitutional.

The new Law expressly establishes a transitional regime under which nationality applications already filed at the Instituto dos Registos e do Notariado (IRN) before its entry into force – 19 May 2026 – will continue to be assessed under the previous wording of the Nationality Law.

Seguro emphasised “the importance of guaranteeing that pending processes are not, effectively, affected by the legislative change, which would constitute an undesirable breach of trust in the state, at the domestic and international level.”

He also noted, given the long delays in issuing residence permits by the AIMA, “the importance of ensuring that the counting of legally fixed timelines for obtaining nationality is not affected by the slowness of the state.”

“Following our previous informational notes about the proposed amendments to the Nationality Law, we are relieved that the prolonged period of uncertainty is now over,” said Shelley Wren, Head of Business Development at Sovereign Portugal. “This solution ensures legal certainty and protects the legitimate expectations of applicants who have already initiated their procedures under the previous legal framework.

“However, this amendment represents a significant departure from the previous regime. For those currently holding a residency permit – Golden Visa, Passive Income Visa (D7), Entrepreneur Visa (D2) or Digital Nomad (D8) – the integration requirements for naturalisation are stricter, and the timeline is longer. It is even more significant for recent applicants who are still awaiting their first permit.

“For those investors and retirees and their family members who are focused on long-term residence in Portugal rather than naturalisation, there is no change. But for who have built their strategy around the five-year EU citizenship path will need to assess the potential impact of this new timeline.

“If you have a pending application, you should ensure that everything is documented and monitor how the IRN is handling your case under the transitional regime. If you don’t have a pending application, you should maintain continuous legal residence and ensure that you keep your permits renewed. You should also begin building the documentation required under the new criteria for demonstrating an effective connection with the Portuguese community.”

The government has 90 days from publication to update the implementing regulation (Regulamento da Nacionalidade Portuguesa). AIMA and the IRN are also expected to publish updated procedural guidance.

Over 500 Golden Visa holders, predominantly American, are preparing a collective lawsuit against the Portuguese state. The reported challenge is expected to focus on legal certainty, legitimate expectations and the position of investors who have already committed funds under the previous framework.