Portuguese Nationality Law: All the Changes and Updates in 2024

The Portuguese parliament recently made changes to the Portuguese Nationality Law, also known as the Portuguese Nationality Act. The most significant change is that the five years required to obtain Portuguese citizenship and a Portuguese passport can now be counted from the date of the residency application – the date that you apply for your residency permit with AIMA, which is the former SEF – Portuguese Immigration and Borders (Serviço de Estrangeiros e Fronteiras).

In this article, we’ll cover the most recent Portuguese nationality law news and the major changes in recent years. We’ll also go through what these changes will mean for people seeking citizenship in Portugal.

New Portuguese Nationality Law 2024

Previously, the five-year residency period for acquiring citizenship and obtaining a Portuguese passport began with the issuing of the first residence permit card after the application for a residence permit had been approved. This meant waiting for administrative processing before the clock officially started ticking, potentially delaying your naturalization timeline.

Published on March 5th, 2024, the law clarifies that the five-year residency period now begins on the date you submit your application for a residence permit. The law will come into force on April 1st, 2024, and has significant implications, particularly for people who have a Portugal Golden Visa or a D7 Visa.

Faster eligibility: Your path to citizenship potentially shortens as your residency clock starts sooner. Previously, the wait for approval could add months or even years to your overall timeline.

Clearer timeframe: Knowing exactly when the five-year period starts provides greater predictability and allows for more precise planning of your naturalization journey.

Proactive approach: You can begin preparing for the naturalization process, including learning Portuguese or gathering required documents advised by your lawyer, even while your residence permit application is under review.

However, it’s crucial to remember that the five-year residency requirement remains unchanged. You must remain a legal resident in Portugal for five full years before applying for citizenship.

This change applies to the naturalization process, not the residence permit itself. The validity and renewal of your residence permit will follow the original terms granted based on your chosen pathway (investment, work, etc).

Overall, this modification represents a positive step toward streamlining the naturalization process in Portugal. By starting the residency clock earlier, individuals seeking citizenship can potentially embark on their journey sooner and obtain a Portuguese passport more efficiently.

Streamlined Paternity Recognition

The journey towards claiming Portuguese citizenship based on parentage has been significantly simplified for individuals who establish paternity after reaching the age of 18. Gone are the complexities of navigating extensive legal procedures and potential court battles.

Now, a mere court acknowledgment of paternity suffices as the key to unlocking your Portuguese heritage. This welcome development removes bureaucratic hurdles and fosters a smoother path to claiming your rightful place within the nation.

It is crucial to remember that this simplified procedure is bound by a three-year timeframe from the date of the court acknowledgment. This means prompt action is highly recommended to ensure the timely use of this streamlined process.

Sephardic Citizenship: Current Path Facing Potential End

The Portuguese Parliament has approved a government bill proposing new requirements for descendants of Portuguese Sephardic Jews to apply for citizenship under the Law of Jewish Return. Currently, in order to apply for citizenship through this route, it is necessary to present proof of Sephardic ancestry in your family tree. With the new law, in addition to demonstrating that they belong to a Sephardic community of Portuguese origin, the applicant will need to have resided in Portugal for at least three years, consecutive or interpolated.

The bill has already been approved by the Constitutional Court and promulgated by the President. It just needs to be published to come into force.

Previous Amendments to Portuguese Nationality Law

For children of Portuguese residents

The children of Portuguese residents are eligible to obtain Portuguese citizenship, but until the Portuguese government passed a new law in 2020, both parents needed to hold residence permits. Since 2020, it has been sufficient for one of the parents to have a residence permit for at least one year. As long as this is followed, the children born in Portugal (or Portuguese territory) can directly acquire Portuguese citizenship. 

More information on those changes to birthright citizenship can be found here. 

For spouses of Portuguese citizens

Portugal simplified the pathway to citizenship for spouses of Portuguese citizens in 2020. Before these changes were implemented, the spouse could only apply for citizenship after three years of marriage or civil union.

What’s more, in the previous version of the law, the Public Prosecutor’s Office was able to oppose the citizenship application if there were ineffective connections between the application and the country. Now, if the marriage is longer than six years, the Public Prosecutor’s Office cannot interfere with the citizenship application. Also, if the couple has children who have Portuguese citizenship, then the Pubic Prosecutor cannot interfere, and there is no ground for opposition.

For second-degree descendants of Portuguese citizens

Since 2020, the Portuguese Law permits second-degree descendants in a straight line of Portuguese citizens to apply for Portuguese nationality. This amendment specifically refers to the grandchildren of Portuguese citizens, making it is easier for them to be granted citizenship. The effective connection to Portugal can be shown simply by showing sufficient knowledge of the Portuguese language.

Previously, descendants also had to prove extensive, effective connections with the country. In essence, if the second-degree descendent is able to prove that they are proficient in Portuguese, then they are able to obtain Portuguese citizenship. 

The update made in July 2020 simplified the process for a second-degree descendant of a Portuguese citizen to become a Portuguese national under the Portugal law of nationality changes. The updated version of Law 37/8 has since offered great opportunities for second-degree descendants. 

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

We guide you from start to finish, taking you beyond your citizenship or residency by investment application. 

Frequently Asked Questions about the Portuguese Nationality Law