Amendment to the Portuguese Nationality Law
I. Introduction and Legislative Context
Organic Law No. 1/2026 introduces a significant reform of the Portuguese Nationality Law (Law No.
37/81, of 3 October), representing one of the most substantial changes to the framework governing acquisition and loss of Portuguese nationality in recent years.
The reform follows a legislative process initiated in 2025, including constitutional review by the Portuguese Constitutional Court (Judgment No. 1133/2025), and subsequent revision of the initial draft to address constitutional concerns. The law was approved by Parliament on 1 April 2026 and promulgated by the President of the Republic on 3 May 2026.
The overall policy direction of the reform is to tighten the criteria for access to Portuguese nationality, particularly through naturalisation, and to reinforce requirements relating to
integration, legal residence, and security.
II. Key Substantive Changes
1. Changes to Portuguese citizenship by naturalization [Article 6]
1.1. Extension of Residence Requirements for Naturalisation
• EU citizens and nationals of Portuguese-speaking countries (CPLP): from 5 to 7 years
• Other foreign nationals: from 5 to 10 years
Additionally, the residence period is now calculated strictly from the issuance of the residence permit.
1.2. Stricter Requirements for Residence and Integration
• Stronger requirement of “effective link to the national community”, including:
o Sufficient knowledge of the Portuguese language and culture, as well as of Portuguese history and national symbols, demonstrated by means of a test or certificate;
o Sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and of the political organisation of the Portuguese State;
o Declaration of adherence to the fundamental principles of the democratic rule of law.
1.3. Tightening of Criminal Record, Security and Compliance Requirements
• Applicants must not have been convicted by a final and unappealable judgment to an effective prison sentence exceeding 3 years for serious offences, including terrorism, violent or especially violent crime, highly organised crime, crimes against State security, or facilitation of illegal immigration;
• Applicants must not pose a risk or threat to national security or defence, including any involvement in activities related to terrorism or organised criminality;
• Applicants must not be subject to restrictive measures adopted by the United Nations or the European Union, within the meaning of applicable sanctions legislation.
• Inclusion of the requirement to demonstrate sufficient means of subsistence, reinforcing the need to evidence financial autonomy as part of the naturalisation process.
1.4. Elimination of Specific Pathways
• Termination of the Sephardic descendants regime.
1.5. Great-grandchildren of Portuguese nationals
• Third-degree descendants in the direct line of Portuguese nationals of origin can acquire Portuguese nationality, provided that they have legally resided in the national territory for at least 5 years.
2. Children Born in Portugal [Article 1(1)(f)]
• Nationality now requires at least one parent to have 5 years of legal residence at the time of birth.
3. Portuguese citizenship by marriage and by minor children [Articles 2 and 3]
• The Public Prosecutor shall be entitled to oppose the acquisition of nationality where the requirements applicable to acquisition by naturalisation (as set out in sections 1.2 and 1.3 above) are not met.
4. New Rules on Calculation of Residence [Article 15]
• Only formally recognised legal residence counts.
• Time spent awaiting decisions is no longer counted.
• All periods of legal residence in Portugal, whether consecutive or non-consecutive, shall be aggregated, provided that they fall within a maximum timeframe of 6, 9 or 12 years, depending on whether the applicants are stateless persons, nationals of Portuguese-speaking countries and European Union Member States, or nationals of other countries.
5. Targeted New Regimes
• Introduction of specific mechanisms (e.g. stateless persons route), subject to further implementation
III. Regulatory Implementation
The Government must revise the Regulation of Portuguese Nationality within 90 days of publication, meaning that certain procedural aspects remain subject to further clarification.
IV. Entry into Force and Transitional Aspects
With the publication now completed:
• The law will enter into the day following publication.
• Applications already pending at the time of entry into force will be assessed under the previous legal framework, in line with constitutional principles and legislative intent.
• However, the law does not establish a broad transitional regime for applicants who have not yet submitted their applications, even if they were already meeting the requirements under the previous rules.
V. Conclusion
Organic Law No. 1/2026 represents a structural shift in the Portuguese nationality framework, moving towards a more restrictive and selective model.
The publication of the law today marks the start of a new legal regime, requiring immediate reassessment of strategies for current and prospective applicants. Given the complexity and practical implications of the new provisions, case-by-case legal analysis is strongly recommended.
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