What has changed and what foreign families need to know
Being born in Portugal does not, in itself, mean acquiring Portuguese nationality. Portugal has never had an absolute ius soli regime, meaning that simply being born in the country confers nationality. Even so, until very recently the Nationality Law provided relatively accessible conditions for children of foreigners born in Portugal to obtain Portuguese nationality by origin.
What changed in 2026?
Before the 2026 changes, those born in Portugal to foreign parents who were not in the service of their State were considered Portuguese by origin. It was sufficient that, at the time of birth, one of the parents legally resided in Portugal or had resided there, regardless of residence permit, for at least one year.
This regime changed with Organic Law No. 1/2026, of May 18, in force since May 19, 2026. According to the new wording of subparagraph f) of paragraph 1 of Article 1 of the Nationality Law, those born in Portugal to foreign parents who are not in the service of their State are Portuguese by origin, provided that two conditions are met. The first is a declaration of intent to be Portuguese. The second is that, at the time of birth, at least one of the parents has been legally resident in Portugal for at least five years.
There is also a transitional regime. Procedures pending on May 19, 2026, will generally continue to be processed under the previous wording of the Nationality Law (Article 7, paragraph 2, of Organic Law No. 1/2026). Therefore, the date the application is submitted may be decisive.
What if the child is born before five years of residence have been completed?
In practice, a couple moving to Portugal now and wanting to start a family in the country must take this into account: if they have a child before completing five years of legal residence, that child does not acquire Portuguese nationality by origin simply by being born in Portugal.
This does not mean that the child is prevented from acquiring Portuguese nationality during their minority. Article 6, paragraph 2, of the Nationality Law provides a naturalization route for minors born in Portugal to foreign parents. It requires that, at the time of application, one of the parents has legally resided in the country for at least five years and that the minor is enrolled in and regularly attending compulsory schooling, without prejudice to other legal requirements. Furthermore, when parents acquire Portuguese nationality, the acquisition of nationality by their minor children may be considered.
Residence periods for parents
The timeframes have also changed for the couple themselves. For naturalization, seven years of legal residence are now required for nationals of Portuguese-speaking countries and the European Union, and ten years for nationals of other countries. The way legal residence is calculated has also changed. The new law revoked the possibility of counting the time elapsed since the application for the residence permit (Article 15, No. 4, of the Nationality Law).
Minor's residence permit
In these cases, a child born in Portugal who does not acquire Portuguese nationality at birth generally retains the foreign nationality of their parents. They need to regularize their documentation in Portugal. According to Article 124 of Law No. 23/2007, of July 4, foreign minors born in Portugal have a residence status identical to that of either parent. To obtain a residence permit, one of the parents must submit the application within six months of the child's birth registration.
Real estate and tax planning
Moving to Portugal also requires real estate and tax planning. It starts with choosing between renting or buying your own home. This choice can have implications for organizing the move and demonstrating the housing conditions required for certain types of residence permits.
From a tax perspective, changing residency to Portugal can make a person a tax resident. This has consequences for the taxation of income earned in Portugal and abroad. The date of the change, the composition of the household, and the possible retention of assets or income in other countries should be assessed in advance.
Conclusion
Changes to the Nationality Law make planning a move particularly important for foreign families who want to live in Portugal and start a family here. Moving to another country involves more than obtaining a visa or a residence permit. It also involves understanding the legal framework applicable to children, from birth and throughout their upbringing.
For couples who want to have children in Portugal, it is essential to know the new rules in advance, understand how periods of legal residence are counted, and evaluate the alternatives to ensure the regularization of documentation and, where possible, the future acquisition of nationality by their children.
Prime Legal provides legal advice to foreign families on immigration, nationality, taxation, and real estate matters.
This article is for informational purposes only and does not constitute legal advice. Updated November 2026.
