Through several protracted parliamentary sessions, Portuguese lawmakers finally voted on key issues in the government’s long-awaited reform of the Portuguese Nationality Law (Lei n.º 37/81).
It is critical to stress that although the various political parties voted on and agreed to the changes, Portugal’s President must promulgate them first.
The law takes effect a day after its publication in the Diário da República. He can accept them in their current form, request a constitutional review, or send the law back with observations for parliamentary reconsideration.
In this article, you’ll learn more about:
Everything That’s Changing in Portugal’s Citizenship Law
In its broader scope, the changes to Portuguese Nationality Law introduce tougher residency requirements for Portuguese naturalization, add additional cultural criteria for applications, and close the special route for descendants of Sephardic Jews.
Changes to citizenship time
Under the current law, residency holders such as the Portugal D7 or the Portugal Golden Visa, can apply for citizenship after living in the country for five years. However, the required time to citizenship will change with the amendments to:
- Seven years for citizens of CPLP (Portugues language countires) and EU countries
- 10 years for citizens of other countries
The proposed new law also doesn’t make a provision for grandfathering residents who have been legal residents in Portugal for over three years, in essence, those who are approaching the previous five-year requirement. Only citizenship applications submitted before the reform enters into force are protected under the old rule. This change doesn’t affect permanent residency as that’s part of the Immigration Law.
When legal residency starts
Another change that affects residents battling administrative delays under AIMA (and its predecessor SEF) is that the residence clock now starts only when your first residence permit is granted, not when you filed your initial residence application.
Any time spent waiting for the initial approval, even if you were legally allowed to stay, will no longer count toward the requirement.
Cultural and civic knowledge requirements
Under the current law, a Portuguese language test at an A2 level is a requirement for citizenship. However, the updated law could add more proficiency requirements.
While the exact requirements must still be published, it is expected that you must now also demonstrate:
- Knowledge of Portuguese history, symbols, and constitutional values.
- Knowledge of citizens’ fundamental rights and duties.
- A solemn declaration of adherence to the principles of the democratic rule of law (Estado de Direito Democrático).
Children born in Portugal to foreign parents
Amendments to the law also change birthright-based nationality (jus soli) for children born to foreign parents in the country.
Previously, a child born in Portugal could automatically become Portuguese if one parent had resided legally in Portugal for any duration before the birth.
However, through changes to Article 1(f) and Article 6(2), a child born in Portugal can be granted nationality only if:
- At least one parent has resided legally in Portugal for 5 years
End of the Sephardic Jewish Descendant route
Based on genealogical or cultural evidence, descendants of Portuguese Sephardic Jews were previously able to apply for citizenship without needing to reside in Portugal.
However, the proposal completely removes Article 6(7) from the Nationality Law, which allowed applicants to become naturalized citizens based on Sephardic descent.
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