Organic Law No. 1/2026, of 18 May, which amends Law No. 37/81, of 3 October, commonly known as the Nationality Law, entered into force on 19 May 2026.
This legal framework has made access to Portuguese nationality more demanding, strengthening the requirements relating to legal residence, integration, security, effective connection to the national community and means of subsistence.
As a preliminary note, it should be highlighted that this law includes a transitional provision stating that administrative procedures pending on the date of its entry into force shall continue to be governed by the previous wording of the Nationality Law. This means that ongoing proceedings will not be subject to the new amendments, which will only apply to new nationality applications.
The approved amendments affect the various regimes for the acquisition and attribution of Portuguese nationality, as well as the different categories of applicants covered. The most relevant amendments include the following:
Portuguese nationality by origin for individuals born in Portugal to foreign parents – a declaration of intent is now required, as well as legal residence in Portuguese territory by one of the parents
for at least five years at the time of birth.
Attribution of nationality to grandchildren of Portuguese nationals – applicants are now required to take a mandatory Portuguese language and culture test and to demonstrate knowledge of the fundamental rights and duties and political organisation of the Portuguese State, as well as adherence to the fundamental principles of the democratic rule of law. Applicants who fail to meet the legally required conditions are excluded, namely in relation to relevant criminal convictions, danger or threat to national security or defense, or being subject to restrictive measures imposed by the UN or the European Union.
Naturalisation regime – seven years of legal residence are now required for nationals of Portuguese-speaking countries and citizens of EU Member States, and ten years for nationals of other countries. The substantive requirements have also been strengthened, including knowledge of the Portuguese language and culture, Portuguese history and national symbols, fundamental rights and duties, the political organization of the State, a solemn declaration of adherence to the fundamental principles of the democratic rule of law, and the ability to ensure one’s own subsistence.
New regime for stateless persons – naturalisation is permitted for those who have legally resided in Portugal for at least four years and who meet the requirements set out in Article 6(1)(c) to (h), namely proving knowledge of the Portuguese language and culture, Portuguese history and national symbols, knowledge of the fundamental rights and duties inherent to nationality, and not having been convicted and sentenced to an effective prison sentence of more than three years, among others.
Revocation of the special naturalisation regime for descendants of Portuguese Sephardic Jews.
Aggregation of periods of legal residence – the aggregation of periods of legal residence must now occur within a maximum period of six, nine or twelve years, depending on whether the applicant is a stateless person, a national of a Portuguese-speaking country or EU Member State, or a national of another country.
Acquisition of nationality by marriage or de facto union – the possibility of acquisition by foreigners married to a Portuguese national for more than three years, or living in a de facto union with a Portuguese national for more than three years, is maintained. However, it is now expressly required that there be no situations such as particularly relevant criminal convictions, danger or threat to national security or defence, or the application of restrictive measures by the UN or the European Union.
Opposition to the acquisition of nationality – the absence of effective connection ties will now be assessed in light of new substantive parameters, such as integration requirements, restrictive security, measures and means of subsistence. The period for the Public Prosecutor’s Office to oppose the acquisition of nationality is now two years from the date of registration of the acquisition of nationality.
Consolidation of nationality regime – the rule of ten years of good-faith possession of nationality is maintained, meaning that consolidation may occur even where the act giving rise to the attribution or acquisition of nationality may be subject to an administrative or judicial declaration of nullity. However, such consolidation is not possible where nationality was obtained fraudulently, without prejudice to the nationality obtained by third parties in good faith.
These and other amendments will have a direct impact on the handling of nationality proceedings, making a careful analysis of each specific case increasingly important, particularly with regard to the filing date of applications, the existence of pending procedures and the new requirements applicable to each situation.