Portugal has approved important changes to its Nationality Law through Lei Orgânica n.º 1/2026, of 18 May 2026, which amends Law n.º 37/81, of 3 October. The new law affects several nationality routes, including naturalisation, children born in Portugal, marriage, de facto unions, grandchildren of Portuguese citizens, biometric data, residence counting and pending applications. You can read the law hereOfficial Diário da República PDF

Below is a point-by-point explanation of the main changes and what they may mean in practice for foreign citizens applying for Portuguese nationality.

1. The general naturalisation period has changed

One of the most relevant changes concerns the legal residence period required for naturalisation.

Under the new rules, applicants must legally reside in Portugal for:

• 7 years if they are nationals of Portuguese-speaking countries or citizens of European Union Member States;
• 10 years if they are nationals of other countries;
• 4 years if they are stateless persons.

This represents a significant change from the previous general framework, where the five-year residence rule was one of the main reference points for nationality by naturalisation.

2. Naturalisation now includes broader civic and cultural requirements

The new law introduces a more demanding set of requirements for naturalisation applicants.

Applicants must now prove sufficient knowledge of:

• the Portuguese language;
• Portuguese culture;
• Portuguese history;
• Portuguese national symbols;
• fundamental rights and duties;
• the political organisation of the Portuguese State.

This means that nationality applications may no longer focus only on legal residence and basic language knowledge. Applicants may need to prepare for a broader assessment of their integration into Portuguese society.

3. Applicants must declare adherence to democratic principles

The law now requires applicants to solemnly declare their adherence to the fundamental principles of the democratic rule of law.

In practical terms, this adds a formal civic commitment to the nationality process. It reinforces the idea that Portuguese nationality is connected not only to residence, but also to integration into the constitutional and democratic values of Portugal.

4. Means of subsistence become relevant

Another important change is the requirement for applicants to have the capacity to ensure their own subsistence.

This means that financial stability, income, employment, pensions, business activity or other lawful means of support may become more relevant when preparing a nationality application.

5. Serious criminal convictions may block nationality

The new law introduces stricter rules regarding criminal records.

Applicants must not have been convicted, with a final court decision, to an effective prison sentence of more than three years for serious crimes such as terrorism, violent crime, highly organised crime, crimes against State security or aiding illegal immigration.

The rectification attached to the law clarifies that the relevant threshold is an effective prison sentence of more than three years.

6. Security and defence concerns are now expressly included

The law also states that applicants must not represent a danger or threat to national security or national defence.

This includes involvement in activities connected to terrorism, violent crime, especially violent crime or highly organised crime.

7. UN and EU sanctions can prevent nationality

Applicants must not be subject to restrictive measures approved by the United Nations or the European Union.

This means that nationality procedures may include screening against international sanctions lists, particularly in cases involving security, financial restrictions or international legal measures.

8. Children born in Portugal to foreign parents: stricter residence requirement

Children born in Portugal to foreign parents may be Portuguese by origin if they declare that they want to be Portuguese, provided that, at the time of birth, one of the parents has legally resided in Portugal for at least five years.

This makes the parent’s legal residence status at the time of the child’s birth especially important.

9. Proof of legal residence for parents is clarified

The law clarifies how the legal residence of the parent is proven in these cases.

Proof must be made by presenting the identification document of the father or mother and one of the valid documents proving legal residence or a recognised legal status under the law.

10. Minors born in Portugal may still access nationality by naturalisation

The law also regulates nationality for minors born in Portugal to foreign parents.

Nationality may be granted if:

• one parent has legally resided in Portugal for at least five years;
• the child is enrolled in and regularly attending compulsory education, when applicable;
• if the child has reached the age of criminal responsibility, the relevant civic, criminal and security requirements are met.

11. Grandchildren of Portuguese citizens face additional requirements

Individuals with at least one Portuguese grandparent of original nationality may still apply for Portuguese nationality, but the law now connects this route to several requirements normally associated with integration.

These include knowledge of Portuguese language, culture, history and national symbols, as well as compliance with criminal and security conditions.

In practice, the family connection alone may not be enough. Applicants should be ready to prove a genuine connection to the Portuguese community.

12. Marriage to a Portuguese citizen remains a nationality route

A foreign citizen married to a Portuguese national for more than three years may acquire Portuguese nationality by declaration during the marriage.

However, the acquisition depends on the absence of serious criminal, security or sanctions-related issues.

13. De facto unions remain possible, but judicial recognition is required

A foreign citizen who has lived in a de facto union with a Portuguese national for more than three years may acquire Portuguese nationality.

However, the de facto union must first be recognised by a competent court.

This means that couples in a de facto union should not treat this route as automatic. The judicial recognition step remains essential.

14. Marriage or de facto union over six years receives stronger protection

The law states that there is generally no opposition to nationality acquisition when the marriage or de facto union has lasted for more than six years, or when the couple has common children with Portuguese nationality.

However, this protection does not apply where there are serious criminal, security or sanctions-related grounds.

15. Adoption by a Portuguese citizen

The adopted person by a Portuguese national acquires Portuguese nationality by declaration.

This change places adoption clearly within the acquisition of nationality by declaration.

16. Stateless persons have a specific four-year rule

Stateless persons may obtain Portuguese nationality after legally residing in Portugal for at least four years.

They must also meet the relevant cultural, civic, criminal and security requirements.

17. Descendants in the third degree may have a specific route

The Government may grant nationality to individuals who are descendants in the third degree in the direct line of Portuguese citizens of origin.

However, these applicants must have legally resided in Portugal for at least five years.

18. Relevant services to the Portuguese State

The Government may grant Portuguese nationality to foreign citizens who have provided, or are called to provide, relevant services to the Portuguese State.

In these cases, the law allows the residence and language requirements to be waived.

19. Portuguese-speaking country nationals benefit from a language presumption

Nationals of Portuguese-speaking countries are presumed to meet the Portuguese language requirement.

However, this presumption can be challenged if the applicant clearly shows a manifest lack of Portuguese language knowledge before the competent services.

20. Opposition to nationality acquisition has changed

The Public Prosecutor may oppose nationality acquisition in certain cases.

The law now focuses on the lack of effective connection to the Portuguese community, taking into account criteria such as language, culture, civic knowledge, subsistence, security and criminal history.

The law also mentions the possible consideration of convictions for offences against national symbols.

21. The Public Prosecutor has two years to oppose

The opposition to nationality acquisition must be filed by the Public Prosecutor within two years from the date of registration of the acquisition of nationality.

This creates a specific time limit for opposition proceedings.

22. Nationality may consolidate after 10 years

Portuguese nationality held in good faith for at least 10 years may become consolidated.

This means that, in some cases, nationality may remain valid even if the act that originally led to its attribution or acquisition could be declared null.

However, this protection does not apply where nationality was obtained fraudulently.

23. Biometric data may be collected

The law allows the collection of biometric data in nationality procedures.

This may include:

• facial image;
• fingerprints;
• height.

The purpose is to confirm the identity of the applicant and verify compliance with the legal requirements.

24. Biometric data may be reused for Citizen Card purposes

The law also provides that biometric data collected during nationality procedures may be reused for purposes connected to the Citizen Card regime.

If the nationality request is refused, the data must be deleted after five years, or after the final court decision if the refusal is challenged.

25. Parentage established during adulthood has limited nationality effects

The law changes the effects of parentage established after the applicant reaches adulthood.

Parentage established during adulthood only produces effects for nationality where original nationality is involved and where the parentage results from a judicial process or judicial recognition.

The nationality request must be submitted within three years after the final court decision.

26. Legal residence periods may be counted together

The law clarifies that legal residence periods may be added together, even if they are not continuous.

However, those periods must fall within a maximum time window:

• 6 years for stateless persons;
• 9 years for citizens of Portuguese-speaking countries and EU Member States;
• 12 years for citizens of other countries.

This is especially important for applicants who had interruptions in their residence history.

27. Consular declarations must generally be made in person

Declarations of nationality before Portuguese diplomatic or consular agents must generally be made physically by the applicant.

Physical presence may only be waived in cases of proven prolonged or permanent physical impossibility, and only where it is not possible for a diplomatic or consular agent to collect the declaration.

28. Pending applications are protected under the previous law

This is one of the most important transitional rules.

Administrative procedures already pending when the new law enters into force continue to be governed by the previous version of the Nationality Law.

In practical terms, this means that applicants who already had a pending nationality process before the new law became effective may not be subject to the new requirements.

29. The law entered into force on 19 May 2026

The law was published on 18 May 2026 and entered into force on the following day.

This means the new rules apply from 19 May 2026, except for pending administrative procedures covered by the transitional rule.

30. Practical impact for applicants

The main practical impact of the 2026 changes is that Portuguese nationality applications may become more demanding, especially for naturalisation applicants.

The biggest practical changes are:

• longer legal residence periods for many applicants;
• broader language, culture and civic knowledge requirements;
• a new subsistence requirement;
• stronger criminal and security checks;
• biometric data collection;
• clearer rules for children born in Portugal;
• protection for pending applications under the previous law.

Conclusion

The 2026 amendment to the Portuguese Nationality Law represents a significant change in the way Portugal assesses nationality applications. The law places greater emphasis on legal residence, integration, civic knowledge, financial capacity and security screening.

For applicants, the most important point is timing. A pending process may still be covered by the previous legal regime, while new applications submitted after the entry into force of the law must be prepared according to the new rules.

Anyone planning to apply for Portuguese nationality should review their residence history, documentation, criminal record certificates, integration evidence and financial capacity before submitting the application.

For professional support with Portuguese nationality, residence and immigration procedures, contact Prismaat.