Portugal enacts amendments to the Nationality Law
The amendment to the Nationality Law was enacted this Sunday, May 3, 2026, in Portugal. The decree, which had been approved in parliament on April 1, in a second version, after unconstitutionalities declared by the Constitutional Court, represents a clear change of orientation in the legal regime of citizenship, making it more demanding and reducing mechanisms that, until then, allowed easier access. The changes affect practically all forms of acquisition of nationality, although with different impacts according to the type of application.
In the case of nationality by duration of residence, which is one of the most used ways by foreigners, there was a significant hardening. The minimum period, which was previously five years of legal residence, was increased. From the new law, citizens of CPLP (Community of Portuguese Speaking Countries) countries, such as Brazil, will need seven years, while citizens of other countries will need ten years. In addition, the counting of this period becomes more restrictive, being considered from the effective issuance of the residence permit and no longer from the entry with the request.
At the same time, the requirement of effective connection to the Portuguese community is reinforced, which means that it is not enough to comply with the time: there is now a more concrete assessment of the individual’s integration, including their legal and social behavior, in which the naturalization applicant will have to demonstrate mastery of the Portuguese language and familiarity with the country’s culture, demonstrate basic knowledge about fundamental rights and duties and the functioning of the political system, as well as present a declaration of adherence to the principles of the democratic state.
With regard to the nationality attributed to children of foreigners born in Portuguese territory, the regime is formally maintained, but with greater rigor in application. The law continues to allow children born in Portugal to acquire nationality, as long as the parents meet certain requirements, especially related to legal residence, which goes from one to five years of legal residence for at least one of the parents. The new wording reinforces the need to prove this residence and the regularity of the migratory situation, reducing situations of granting nationality based only on birth in the territory.
As for nationality by descent in the cases of children and grandchildren of Portuguese, there is no elimination of these rights. Children and grandchildren of Portuguese continue to have direct access to nationality, as was already the case. Nationality is also maintained for spouses of Portuguese and those who live in a de facto union with Portuguese for 03 years or 06 years, depending on the existence of children in common or other connection to the Portuguese community.
One of the most striking changes occurs in the regime regarding the descendants of Sephardic Jews. This pathway, which allowed the acquisition of nationality based on descent from Jewish communities in Portugal, no longer exists as an open access mechanism. In practice, the regime is terminated, and it is no longer possible to submit new applications based on this criterion alone. The possibility of naturalization of parents in an irregular situation just because they have children with Portuguese nationality is also extinguished.
Finally, the law also introduces changes in the regime of loss of nationality that still depend on changes in the Penal Code. It becomes easier to lose nationality in cases where it has been obtained by fraud and naturalized persons who are later convicted of serious crimes, such as terrorism, drug trafficking or crimes against the State and with prison sentences of 5 years or more.
On the whole, the 2026 reform profoundly changes the balance of the system. Portuguese nationality is still accessible through various means, but in many cases it is no longer a predominantly formal and documentary process. It starts to require longer time, greater proof of integration and an effective connection to the country, which can demand more from candidates and also reinforces the need for qualified advice.
As a law firm with a strong professional performance in immigration and nationality law in Portugal, we are available to guide clients in strategic decisions and act in their nationality processes in order to adapt to the requirements of this new legal framework. We believe that proactive and informed planning is, more than ever, a determining factor of success.