The Government has presented a proposal to amend the Nationality Law, with direct impact on virtually all types of processes.
Although media attention is mainly focused on nationality through length of residence, the truth is that grandchildren, great-grandchildren, minor children, spouses, de facto partners, ascendants of original Portuguese nationals, among others, will also be negatively affected.
Following our previous article, we will explore the most relevant changes, with a “Before and After” comparison so you can understand, in practical terms, what may change.
Key Proposed Changes with the New Nationality Law
1. Children of Foreigners Born in Portugal
- Will only be entitled to nationality if the parents have been legally residing for at least 3 years at the time of birth.
2. Grandchildren of Portuguese Nationals
- Mandatory proof of Portuguese language, culture, rights, duties, and political organization of the State.
- General exclusion of applicants with effective prison sentences, even if less than 3 years, in processes where this was already foreseen.
3. Naturalization of Adults
- Mandatory proof of Portuguese language, culture, rights, duties, and political organization of the State.
- Increase in residence period from 5 to 10 years (7 years for CPLP citizens).
- Residence only counts from the date of the residence card, not from the date of the first application.
4. Naturalization of Minors
- Only with legal residence of the parent for 5 years (does not accept illegal or shorter periods).
- Additionally, regular attendance of compulsory education in Portugal is required.
5. Naturalization of Great-Grandchildren
- Direct nationality limited to great-grandchildren; further generations lose the right.
6. Acquisition through Marriage, De Facto Union or Minor Children
- Possibility of opposition to nationality, based on naturalization parameters, i.e., proof of Portuguese language, culture, rights, duties, and political organization of the State.
- Nationality process for de facto unions only after a court ruling recognizing the union by a Portuguese court.
7. Elimination of Several Nationality Processes
- Processes that will no longer exist:
- Sephardic Jews
- Ascendants of original Portuguese nationals
- Those who previously had Portuguese nationality and lost it (e.g., born in former colonies before independence)
- Born in Portugal to undocumented parents
8. In all naturalizations, the residence period will be counted from the date of the residence card (not from the first application, as before).
9. General exclusion of applicants with effective prison sentences, even if less than 3 years, in processes where this was already foreseen (e.g., grandchildren, acquisition through marriage and union, minors aged 16 and over, and all naturalizations).
Comparison: Current Nationality Law vs. Proposed Amendment
Current version
Article 1 – Original nationality
1 – They are Portuguese by origin:
f) Individuals born in Portuguese territory, children of foreigners who are not in the service of the respective State, who do not declare that they do not want to be Portuguese, provided that, at the time of birth, one of the parents is legally resident in Portuguese territory, or has been resident here, regardless of title, for at least one year;
Proposal
Article 1 – Original nationality
1 – …
f) Individuals born in Portuguese territory, children of foreigners who are not in the service of the respective State, if they declare that they want to be Portuguese, and provided that, at the time of birth, one of the parents has been legally resident in Portuguese territory for at least three years;
Notes
- The parent’s legal residence is now always required – it’s not possible if it’s illegal.
- The parent’s time of legal residence is increased to three years – in other words, they must have been legally resident in Portugal for three years at the time of the child’s birth.
- The parent’s declaration of will is required to acquire nationality – it is no longer automatic.
- Proof of legal residence through documents and not just an identity document.
Current version
Article 1 – Original nationality
3 – The existence of effective ties to the national community, for the purposes set out in paragraph 1 d), is verified by sufficient knowledge of the Portuguese language and depends on not having been sentenced to a prison sentence of three years or more, with the sentence having become final, for a crime punishable under Portuguese law, and on there being no danger or threat to national security or defence, namely through involvement in activities related to the practice of terrorism, violent, especially violent or highly organized crime.
Proposal
Article 1 – Original nationality
3 – The granting of Portuguese nationality under paragraph 1 d) presupposes that the requirements set out in Article 6, number 1 c) to g) have been met.
c) Sufficient knowledge of the Portuguese language and culture;
d) Sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State;
e) Solemnly declare their adherence to the fundamental principles of the democratic rule of law;
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
Notes
- Requirement of proof, in addition to knowledge of the Portuguese language, of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
Current version
Article 3 – Acquisition in the event of marriage or de facto union
1 – A foreigner who has been married for more than three years to a Portuguese national may acquire Portuguese nationality by means of a declaration made during the marriage.
Proposal
Article 3 – Acquisition in the event of marriage or de facto union
1 – A foreigner who has been married to a Portuguese national for more than three years may acquire Portuguese nationality by means of a declaration made during the marriage, provided that he or she is not in any of the situations provided for in Article 6, no. 1, f) and g).
Article 6, no. 1:
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
Notes
- Requirement of proof, in addition to knowledge of the Portuguese language, of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
- Possibility of opposition and loss of nationality up to two years after registration.
Current version
Article 3 – Acquisition in the event of marriage or de facto union
3 – A foreigner who, on the date of the declaration, has been living in a de facto union for more than three years with a Portuguese national may acquire Portuguese nationality, following an action for recognition of this situation to be brought before a civil court.
Proposal
Article 3 – Acquisition in the event of marriage or de facto union
3 – A foreigner who, at the time of the declaration, has been living in a de facto union for more than three years with a Portuguese national may acquire Portuguese nationality, after the competent court has issued a judicial recognition decision.
Notes
- Requirement of proof, in addition to knowledge of the Portuguese language, of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
- Possibility of opposition and loss of nationality up to two years after registration of nationality.
- Process of nationality for de facto unions only after a sentence recognizing the union has been passed by a Portuguese court.
Current version
Article 6 – Requirements [for acquiring nationality by naturalization]
1 – The Government grants Portuguese nationality, by naturalization, to foreigners who cumulatively meet the following requirements:
a) Be of legal age or emancipated under Portuguese law;
b) Have been legally resident in Portuguese territory for at least five years;
c) Sufficient knowledge of the Portuguese language;
d) Have not been convicted of a crime punishable under Portuguese law, with a final and unappealable sentence of imprisonment of three years or more;
e) Do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
Proposal
Article 6 – Requirements [for acquiring nationality by naturalization]
1 – The Government grants Portuguese nationality to individuals who cumulatively meet the following requirements:
a) Be of legal age, according to Portuguese law;
b) Have been legally resident in Portuguese territory for at least 7 or 10 years, depending on whether or not they are natural citizens or nationals of Portuguese-speaking countries;
c) Have sufficient knowledge of the Portuguese language and culture;
d) Have sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State;
e) Solemnly declare their adherence to the fundamental principles of the democratic rule of law;
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
Notes
- Increase in the minimum period of legal residence from 5 to 10 years (7 years for CPLP citizens).
- The period of residence will be counted from the date of the residence card (and not from the first application, as has been the case until now).
- Residence added up to a maximum of 6, 9 or 12 years, depending on whether the persons concerned are stateless, nationals of Portuguese-speaking countries or citizens of other countries.
- In addition to knowledge of the Portuguese language, proof is required of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
Current version
Article 6 – Requirements [for acquiring nationality by naturalization]
2 – The Government grants nationality, by naturalization, to minors born in Portuguese territory, children of foreigners, and who, if they have reached the age of criminal responsibility, meet the requirements of paragraphs d) and e) of the previous number, provided that, at the time of the application, they meet one of the following conditions:
a) One of the parents has resided here, regardless of title, for at least the five years immediately preceding the application;
b) One of the parents is legally resident in Portugal;
c) The minor has attended at least one year of pre-school, primary, secondary or vocational education here.
Proposal
Article 6 – Requirements [for acquiring nationality by naturalization]
2 – The Government grants nationality to minors born in Portuguese territory, children of foreigners, provided that, at the time of the application, the following requirements are cumulatively met:
a) One of the parents has been legally resident in Portuguese territory for at least five years;
b) The child is enrolled and regularly attending compulsory education, where applicable;
c) If the minor has reached the age of criminal responsibility, they meet the requirements of points e) to g) of the previous paragraph.
e) Solemnly declare their adherence to the fundamental principles of the democratic rule of law;
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
Notes
- Requirements become cumulative instead of alternative.
- Only if one parent has been legally resident for 5 years (no less time and no illegal residence) and only if there is regular attendance at compulsory school.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
Current version
Article 6 – Requirements [for acquiring nationality through naturalization]
6 – The Government may grant naturalization, with exemption from the requirements set out in paragraphs b) and c) of no. 1, to individuals who, not being stateless, have had Portuguese nationality, to those who are considered to be descendants of Portuguese origin, to members of communities of Portuguese descent and to foreigners who have rendered or are called upon to render relevant services to the Portuguese State or to the national community.
b) Have been legally resident in Portuguese territory for at least five years;
c) Have sufficient knowledge of the Portuguese language;
Proposal
Article 6 – Requirements [for acquiring nationality through naturalization]
8 – The Government may grant nationality, with exemption from the requirement laid down in paragraph 1 b), to individuals who are descendants of original Portuguese citizens, in the 3rd degree of the straight line.
9 – The Government may grant nationality, with exemption from the requirements set out in paragraphs b) and c) of no. 1, to foreigners who have rendered or are called upon to render relevant services to the Portuguese State.
b) Have been legally resident in Portuguese territory for at least 7 or 10 years, depending on whether or not they are natural citizens or nationals of Portuguese-speaking countries;
c) Have sufficient knowledge of the Portuguese language and culture;
Notes
- Of those listed in number 6, the following are eliminated:
- not being stateless but having had Portuguese nationality (e.g. those born in former Portuguese colonies).
- those considered to be descendants of Portuguese origin.
- members of communities of Portuguese descent.
- Descendants only up to the 3rd degree – great-grandchildren in the new number 8 of article 6.
- Foreigners who have rendered or are called upon to render relevant services to the Portuguese State under the new number 9 of Article 6.
- Requirement of proof, in addition to knowledge of the Portuguese language, of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
Current version
Article 6 – Requirements [for acquiring nationality by naturalization]
7 – The Government may grant nationality by naturalization, with exemption from the requirements set out in paragraphs b) and c) of no. 1, to descendants of Portuguese Sephardic Jews who cumulatively meet the following requirements:
a) Demonstrate a tradition of belonging to a Sephardic community of Portuguese origin, based on proven objective requirements of connection to Portugal, namely surnames, family language, direct or collateral descent;
b) Have legally resided in Portuguese territory for a period of at least three years, consecutive or interpolated.
Proposal
Article 6 – Requirements [for acquiring nationality by naturalization]
7 – [Revoked]
Notes
Eliminated
Current version
Article 6 – Requirements [for acquiring nationality by naturalization]
8 – The Government may grant nationality, by naturalization, with exemption from the requirement established in paragraph 1 b), to individuals who are ascendants of original Portuguese citizens, who have resided here, regardless of title, for at least five years immediately prior to the application and provided that the ancestry was established at the time of the birth of the Portuguese citizen.
Proposal
Article 6 – Requirements [for acquiring nationality by naturalization]
[No corresponding provision]
Notes
Eliminated
Current version
Article 6 – Requirements [for acquiring nationality by naturalization]
9 – The Government shall grant nationality by naturalization, with exemption from the requirements set out in paragraphs a), b) and c) of no. 1, to individuals who did not retain Portuguese nationality under the terms of article 2 of Decree-Law no. 308-A/75, of 24 June. º 308-A/75, of June 24, for having resided in Portugal for less than five years on April 25, 1974, provided that, after losing Portuguese nationality, they have not been in the service of the respective State and have remained and remain in Portugal, regardless of title, as well as their children, born in national territory, who have not been granted original nationality.
Proposal
Article 6 – Requirements [for acquiring nationality by naturalization]
[No corresponding provision]
Notes
Eliminated
Current version
Article 9 – Grounds [for opposing the acquisition of nationality by virtue of will]
1 – The following are grounds for opposing the acquisition of Portuguese nationality by virtue of will:
a) The lack of an effective link to the national community;
b) A conviction with a final and unappealable sentence of imprisonment of three years or more for a crime punishable under Portuguese law;
c) The exercise of public functions not predominantly of a technical nature or the provision of non-compulsory military service to a foreign state;
d) The existence of a danger or threat to national security or defence, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
2 – Opposition to the acquisition of nationality on the basis of point a) of the previous paragraph does not apply to situations of acquisition of nationality in the case of marriage or de facto union when there are common children of the couple with Portuguese nationality.
3 – Opposition to the acquisition of nationality on the basis of paragraph 1a) shall also not apply to situations of acquisition of nationality when the marriage or de facto union has been going on for at least six years.
4 – Proof of the absence of a conviction referred to in paragraph 1 b) shall be subject to the provisions of Article 6, no. 11.
Article 10 – Procedure [for opposing the acquisition of nationality by virtue of will]
1 – The opposition shall be filed by the Public Prosecutor’s Office within one year of the date of registration of the acquisition of nationality, in proceedings to be instituted under the terms of article 26.
2 – It shall be compulsory for all authorities to report the facts referred to in the previous article to the Public Prosecutor’s Office.
Proposal
Article 9 – Grounds [for opposing the acquisition of nationality by virtue of will]
1 – …
a) The lack of effective ties to the national community, taking into account the material parameters set out in points c) to g) of article 6;
b) [Revoked];
c) […];
d) [Revoked].
c) Have sufficient knowledge of the Portuguese language and culture;
d) Have sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State;
e) Solemnly declare their adherence to the fundamental principles of the democratic rule of law;
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
2 – There is no opposition to the acquisition of Portuguese nationality when the marriage or de facto union is more than six years old or when there are common children of the couple with Portuguese nationality, except on the grounds of the material parameters of Article 6, no. 1, f) or g).
f) They have not been convicted of a crime punishable under Portuguese law by a final and unappealable court decision;
g) They do not constitute a danger or threat to national security or defense, namely through involvement in activities related to terrorism, violent, especially violent or highly organized crime.
3 – [Revoked].
4 – [Revoked].
Article 10 – Procedure [for opposing the acquisition of nationality by virtue of will]
1 – The opposition shall be lodged by the Public Prosecutor’s Office within two years of the date of registration of the acquisition of nationality, in proceedings to be instituted under the terms of article 26.
2 – The facts referred to in the previous article must be reported to the Public Prosecutor’s Office by anyone who is aware of them.
Notes
- Requirement of proof, in addition to knowledge of the Portuguese language, of the culture, fundamental rights and duties and political organization of the Portuguese state.
- Exclusion of candidates with an effective prison sentence, even if less than 3 years.
- Possibility of opposition and loss of nationality up to two years after registration.
At Lamares, Capela & Associados, we closely monitor legislative developments and provide our clients with up-to-date, accurate information and strategic legal advice to navigate any changes.
If you intend to apply for nationality, start a regularization process, or request family reunification, contact us.