Comparative summary — New Portuguesa Nationality Law

Updated on 18 July 2026. The earlier version of this article, from November 2025, described the change while it was still an approved but unpublished bill. The law came into force on 19 May 2026, and the text below reflects the rules currently in force.

Since 19 May 2026, the minimum period of legal residence required to apply for Portuguese nationality by naturalisation is 7 years for Brazilians, other nationals of countries where Portuguese is an official language and citizens of the European Union, and 10 years for nationals of all other countries. Before, it was 5 years for everyone.

The change came with Lei Orgânica n.º 1/2026, de 18 de maio, published in Diário da República n.º 95/2026, Série I, which amended the Nationality Law (Lei n.º 37/81, de 3 de outubro). The law entered into force the day after publication.

Applications already under way were not affected

This is the part that raises the most doubt, and the law is clear. Article 7 of Lei Orgânica n.º 1/2026 provides that the administrative procedures pending on the date it came into force are governed by Lei n.º 37/81 in its previous wording.

In practice: if your application had already been submitted and was awaiting a decision on 19 May 2026, it continues to be assessed under the old rules, with the 5 years. You do not need to reach 7 or 10 years.

What does not count is having a case in preparation. The protection is for applications already formally filed, not for intentions.

How many years of residence you now need

Article 6(1)(b) of the Nationality Law now requires:

• 7 years of legal residence for nationals of countries where Portuguese is an official language (Brazil, Angola, Cape Verde, Mozambique, Guinea-Bissau, São Tomé and Príncipe, Timor-Leste) and for citizens of European Union Member States;

• 10 years of legal residence for nationals of all other countries.

Two shorter periods remain in the law and tend to go unnoticed:

• stateless persons legally resident in Portugal: 4 years;

• descendants in the third degree of the direct line of original Portuguese nationals: 5 years of legal residence.

Children of foreign nationals born in Portugal

A child born in Portuguese territory to foreign parents may be Portuguese by origin, by declaration, provided one of the parents has been legally resident in Portugal for at least five years at the time of the birth.

This is the change with the greatest practical effect on Brazilian families who moved to Portugal in recent years: a child born before the father or mother completes five years of legal residence loses direct access to nationality.

There is also the route of naturalisation of minors born in Portugal, under Article 6(2), which likewise requires five years of legal residence of one parent, and additionally that the minor be enrolled in and regularly attending compulsory schooling.

The new requirements, beyond time

The residence period is what made the headlines, but the law added requirements that may weigh more heavily on the day-to-day of an application:

• proof, by test or certificate, of sufficient knowledge of the Portuguese language and culture, and of national history and symbols;

• sufficient knowledge of fundamental rights and duties and of the political organisation of the Portuguese State;

• a solemn declaration of adherence to the fundamental principles of the democratic rule of law;

• the capacity to secure one's own subsistence;

• no final conviction, with an actual prison sentence of more than 3 years, for the crimes the law lists, among them terrorism, violent or highly organised crime and aiding illegal immigration.

For nationals of countries where Portuguese is an official language, the law presumes knowledge of the language, unless the lack of command is manifest. The presumption covers the language, not the culture, history and national symbols.

What is not yet defined

The law required the Government to amend the Portuguese Nationality Regulation (Decreto-Lei n.º 237-A/2006) within 90 days of publication, which points to mid-August 2026.

It is that regulation that governs the practical answers: how the test of culture, history and symbols will be run, which certificates will be accepted, and how the capacity for subsistence is proven. Until then, anyone preparing an application should allow for changes in the documents required.

Frequently asked questions

How many years of residence do I need to apply for Portuguese nationality in 2026?

Seven years, if you are Brazilian, a national of another country where Portuguese is an official language, or a citizen of the European Union. Ten years, if you are a national of any other country. The count is of legal residence.

I submitted my application before 19 May 2026. Do the old rules apply?

Yes. Article 7 of Lei Orgânica n.º 1/2026 requires the previous wording to be applied to administrative procedures pending on the date it came into force. The application proceeds under the 5-year requirement.

I already had 5 years of residence but had not submitted. What happens?

The new rules apply. The safeguard is for applications already formally filed, not for someone who met the requirements but had not yet started the process.

My child was born in Portugal. Are they Portuguese?

It depends on how long the father or mother had been legally resident in Portugal at the time of the birth. Five years are needed. Below that, direct access through nationality by origin no longer applies.

I have been resident for seven years. Can I apply now?

If you are a national of a country where Portuguese is an official language or of the European Union, yes, provided you also meet the other requirements: language and culture, adherence to the principles of the rule of law, means of subsistence and the absence of the convictions the law lists.

From when does the residence period count?

It counts the period of legal residence in Portuguese territory. How it is counted in cases of expression of interest and of permits under renewal is one of the questions that depend on the regulation still to be updated, and it is where most applications run into problems.

Who is most affected

• Brazilians and other CPLP nationals with between 5 and 7 years of legal residence, who missed the window and have to wait;

• nationals of countries outside the CPLP and the European Union, for whom the period doubled from 5 to 10 years;

• foreign parents with children born in Portugal before completing five years of residence;

• anyone who had a case in preparation in May 2026 but did not manage to submit it.

How we can help

The firm handles Portuguese nationality applications through every route: naturalisation, attribution by origin to children born in Portugal, descendants of Portuguese nationals and long-term residence situations. The work begins by determining which regime your case falls under, which after May 2026 is no longer obvious.

We also handle the residence processes that precede the application — see Portuguese citizenship and legalisation of foreign nationals. For those arriving through investment, the rules are different: Portugal Golden Visa 2026. And if your residence permit is for study or work, see also the recent changes to immigration law.

Talk to us

For a first assessment, have these to hand: the start date of your legal residence in Portugal, the type of permit you hold and the renewals you have had, your nationality, and — if you have already filed — the date of submission and the proof. It is that date that determines whether your case follows the old rules or the new ones.

Get in touch with Dutra & Ferrari Advogados — Lisbon, Portugal.