What will change in the Portuguese Nationality Law that nobody is talking about?

The legislative process that initiated the reform of the Brazilian Nationality Law has already been lengthy – almost 9 months. However, it is not yet complete.

After approval by a qualified majority in Parliament, which occurred on April 1, 2026, the legislation still needs to be sent to the President of the Republic, who can promulgate it, veto it politically, or send it for review by the Constitutional Court. This last option is also available to the deputies – as happened at the end of 2025 when a group of PS deputies lifted the preventive review of some of the rules.

In this sense, it is impossible to estimate with absolute certainty when the changes now approved will be in effect, but the shortest-term scenario seems to point to mid-May.

Most debated changes

Undoubtedly, the extension of the period for accessing nationality – from 5 to 7 and 10 years, in the case of applicants who are nationals of Portuguese-speaking countries and applicants from third countries, respectively – is the most talked-about change, as is the start of the counting of this period, which is no longer from the submission of the residency application but rather from its granting.

Absence of a transition period

The absence of a safeguard clause and/or a transition period is undoubtedly the most noticeable omission in the wording of the legislation, and the one for which the legal community continues to fight, even though at this moment such a possibility only exists in the context of regulations (which must occur within 90 days of the new law coming into force), should the President of the Republic or the Constitutional Court not rule on the matter.

Loss of nationality and constitutionality

The possibility of losing nationality upon conviction for certain crimes remains the most debated topic in terms of potential unconstitutionality, a matter that had already been addressed by the Supreme Federal Court in a 2025 ruling.

Other relevant changes

However, there are other changes introduced in the approved legislation that deserve highlighting, as they alter the conditions for accessing nationality for another type of applicant, namely:

Born in Portuguese territory

• Acquisition of original nationality by individuals born in Portuguese territory, children of foreigners who are not serving their respective State, if they declare that they wish to be Portuguese, provided that, at the time of birth, one of the parents has legally resided in Portuguese territory for at least five years.
Under the current wording, which will be amended, nationality may be acquired by "Individuals born in Portuguese territory to foreign parents who are not serving their respective State, and who do not declare that they do not wish to be Portuguese, provided that, at the time of birth, one of the parents legally resides in Portuguese territory, or has resided here, regardless of their legal status, for at least one year."

Descendants of Portuguese people (2nd degree)

• The granting of Portuguese nationality to individuals with at least one ancestor of Portuguese nationality originating from the second degree of direct lineage now presupposes the fulfillment of the following requirements:

I. To prove, through a test or certificate, sufficient knowledge of the Portuguese language and culture, history and national symbols;

ii. To have sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State;

iii. To solemnly declare their adherence to the fundamental principles of the democratic rule of law;

iv. They have not been convicted, with a final and unappealable judgment, to a prison sentence of 3 years or more, for a crime punishable under Portuguese law;

(v) Not constituting a danger or threat to national security or defense, in particular through involvement in activities related to terrorism, violent crime, especially violent or highly organized crime;

vi. Not being subject to restrictive measures approved by the United Nations or the European Union.
It is worth remembering that under the current wording, which will now be amended, it was sufficient to have effective ties to the national community, verified by sufficient knowledge of the Portuguese language, and not having been sentenced to a prison term of 3 years or more. This means that, even for the grandchildren of Portuguese citizens, the access requirements will become more restrictive.

Marriage and civil union

For foreigners married to a Portuguese national for more than three years, and for those living in a de facto union with a Portuguese national for more than three years, it remains possible to acquire Portuguese nationality after filing a lawsuit to recognize this situation in court. However, under the new law, they cannot:

I. To have been convicted, with a final and unappealable judgment, and sentenced to imprisonment for a crime punishable under Portuguese law;

ii. Constitute a danger or threat to national security or defense, in particular through involvement in activities related to terrorism, violent crime, especially violent or highly organized crime;

iii. Being subject to restrictive measures approved by the United Nations or the European Union.

Minors born in Portugal

For minors born in Portuguese territory to foreign parents, who, under current law, could become naturalized if they met one of the following conditions:

i. One of the parents has resided here, regardless of legal status, for at least the five years immediately preceding the application;

ii. One of the parents has legal residence in national territory;

iii. The minor here must have attended at least one year of preschool, primary, secondary, or vocational education.

Under the new law, they must cumulatively meet the following conditions at the time of application:

i. One of the parents must have been legally resident in the national territory for at least five years;

ii. The minor must be enrolled in and regularly attending compulsory schooling, when applicable;

If they have reached the age of criminal responsibility, they must also:

i. To solemnly declare their adherence to the fundamental principles of the democratic rule of law;

ii. Not having been convicted, with a final and unappealable judgment, to a prison sentence of 3 years or more, for a crime punishable under Portuguese law;

iii. Not to constitute a danger or threat to national security or defense, in particular through involvement in activities related to terrorism, violent crime, especially violent or highly organized crime;

iv. Not being subject to restrictive measures approved by the United Nations or the European Union.

Repeals in the law

Naturalization for individuals descended from Sephardic Jews, as well as for those born in Portuguese territory who are children of foreigners who resided here, regardless of title, at the time of their birth and who have resided here, regardless of title, for at least five years, is revoked.

The naturalization currently possible for those who are descendants of original Portuguese citizens and have resided here, regardless of title, for at least five years immediately prior to the application, is revoked. The new law introduces the possibility of naturalization for descendants in the 3rd degree of direct line of original Portuguese citizens, provided they demonstrate legal residence in the national territory for at least five years.

Connection to the national community

The concept of the absence of effective ties to the national community now takes into account the demonstration of behaviors that conclusively and overtly reject adherence to the national community, its representative institutions and national symbols, and the material parameters resulting from the new naturalization requirements.

Me. Knowledge of the Portuguese language and culture, history and national symbols;

ii. Knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State;

iii. Adherence to the fundamental principles of the democratic rule of law;

iv. No conviction with a prison sentence of 3 years or more;

(v) They do not constitute a danger or threat to national security or defense;

vi. They are not subject to restrictive measures approved by the United Nations or the European Union;

vii. Capacity to ensure subsistence.

Complementary aspects of the new regime

Finally, it is also worth highlighting that:

• The Public Prosecutor's Office will now have a period of 2 years (instead of 1) to oppose the acquisition of Portuguese nationality by choice.
• For the purpose of verifying the applicant's identity and checking compliance with legal requirements, biometric data from applicants will be collected for comparison with other databases.
• For the purposes of calculating the periods of legal residence provided for in this law, the sum of all periods of legal residence in national territory, whether consecutive or intermittent, shall be considered, provided that they have occurred within a maximum interval of 6, 9 or 12 years, depending on whether the individuals concerned are stateless persons, nationals of Portuguese-speaking countries and Member States of the European Union, or citizens of other countries (Third States).

A pivotal moment for many processes.

In conclusion, although the public debate has focused almost exclusively on increasing the timeframes for accessing nationality and altering the relevant moment for calculating legal residency, the truth is that the approved legislation introduces much broader and structurally relevant changes. The new requirements applicable to grandchildren of Portuguese citizens, spouses, common-law partners, minors born in national territory, and other applicants demand an immediate reaction from those who, in the situations described above, still wish to initiate the process under the current law – which is more accessible and flexible.

It is equally essential to monitor not only the outcome of the ongoing legislative process, but also the future regulation of the law, which may prove decisive in sensitive matters such as the potential protection of pending situations.

In a context of regulatory uncertainty and potential litigation, the timely assessment of each specific situation will be crucial. For many stakeholders, the coming days and weeks may be decisive in determining whether there is still room to act under the current regime or whether it will be necessary to prepare legal strategies in light of the new legal framework.

This article does not replace consulting the relevant legislation, nor does it hold Prime Legal responsible.