The Portuguese parliament recently changed the Portuguese Nationality Law, also known as the Portuguese Nationality Act Law No. 37/81 of October 3, 1981, which is an update on the citizenship law.
The most significant change is that the five years required to obtain Portuguese citizenship and a Portuguese passport, and subsequent permanent residency can now be counted from the date of the residency application—the date that you apply for your residency permit with the Agency for Integration, Migration and Asylum (AIMA), formerly known as SEF.
This article discusses the latest news on Portugal’s Nationality Law and the significant changes in recent years. We’ll also discuss what these changes will mean for foreign nationals outside the European Union seeking citizenship in Portugal.
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Portugal's New Nationality Law 2024
Published in Portugal’s official gazette in March 2024, Organic Law 1/2024 is an amendment to Portugal’s Nationality Law 37/81.
It clarifies that the five-year residency period begins when you submit your application for a residence permit. The law came into force in April 2024 and has significant implications, particularly for people with a Portugal Golden Visa or a Portugal D7 Visa.
Previously, the five-year residency period for acquiring citizenship and obtaining a Portuguese passport began with issuing the first residence permit card after the application for a residence permit had been approved. This meant waiting for administrative processing time before the clock officially started ticking, potentially delaying your naturalization timeline.
What does this mean?
Under this new citizenship law update, persons born abroad seeking citizenship in Portugal must 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 and meet the guidelines of your specific pathway (investment, work, etc.). Legal residents must have a clean criminal record to apply for nationality and acquire dual citizenship. Also, some applicants must pass a basic Portuguese language test to qualify.
However, as a short guide, this law change means:
- 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.
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
For individuals who establish paternity after the age of 18, the journey toward claiming Portuguese citizenship based on parentage has been significantly simplified. Gone are the complexities of navigating extensive legal procedures and potential court battles.
Now, a mere court acknowledgment of paternity is 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 New Requirement: Residing in Portuguese Territory for Three Years
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. In order to apply for citizenship through this route, it has always been necessary to present proof of ancestry of Sephardic Jews 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 legally resided in Portugal (or Portuguese territory) for at least three years, consecutive or interpolated.
Take a look at our Portugal Portugal Golden Visa 2024 Ultimate Guide
Previous Amendments to Portugal's Nationality Law
For children of Portuguese residents
The children of Portuguese residents who hold a Portuguese birth certificate 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.
Additionally, under the principle of Jus Sanguinis, citizenship can be passed to descendants, enabling future generations to benefit from Portuguese nationality and its associated rights.
All persons born in Portuguese territory before 3 October 1981 automatically received citizenship at birth regardless of their parents’ nationalities. Individuals born domestically since that date receive Portuguese citizenship at birth if at least one parent is a Portuguese citizen.
This is in line with recent amendments to the laws governing Portugal’s birthright citizenship.
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.
Previously, 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 has lasted more 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 Public Prosecutor cannot interfere, and there is no ground for opposition.
For second-degree descendants of Portuguese citizens
Since 2020, Portuguese law has permitted second-degree descendants in a straight line of Portuguese citizens to apply for Portuguese citizenship.
This amendment specifically refers to the grandchildren of Portuguese citizens, making it easier for them to be granted citizenship, in line with the Jus Sanguini principle. An effective connection to Portugal can be shown simply by having sufficient knowledge of the Portuguese language.
Previously, descendants also had to prove extensive, effective connections with the country. In essence, if the second-degree descendant can prove that they are proficient in Portuguese, then they can 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.
The benefits of holding a Portuguese Passport
- EU Countries: Holders of a Portuguese passport enjoy the right to live, work, and study in any EU country without the need for additional visas or permits.
- Visa-Free Travel: Portuguese citizens can travel visa-free to over 180 countries, making international travel convenient and accessible.
- Legal Residence in Portugal: Portuguese passport holders are granted the automatic right to legal residence in Portugal, allowing them to live, work, and access public services without additional requirements.
- Legal Residence in the EU: With a Portuguese passport, you gain the right to legal residence across the entire European Union, providing extensive freedom of movement.
- Healthcare Access: Portuguese citizens have access to high-quality healthcare services in Portugal and other EU countries, often at reduced or no cost.
- Social Security and Benefits: Portuguese citizens are entitled to social security benefits in Portugal, including pensions, unemployment benefits, and other forms of social support.
- Business and Investment: Portuguese citizenship facilitates easier business operations and investments within the EU, benefiting from EU trade agreements and a stable economic environment.
- Consular Protection: Portuguese passport holders can receive consular assistance and protection from Portuguese embassies and consulates worldwide.
- Family Reunification: Portuguese citizens can sponsor family members for legal residence in Portugal, making it easier for families to stay together.
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Frequently Asked Questions about the Portuguese Nationality Law
How long does it take to get Portuguese citizenship?
You can apply for citizenship by naturalization if you have been a legal resident in Portugal for five years.
If you are married to a Portuguese national, you can apply for citizenship after three years. However, under the new amendments to the law, if your spouse is Portuguese and you have a child in Portugal, then you can apply directly for citizenship.
What is the new nationality rule in Portugal?
Portugal’s Nationality Law was published on the 5th of March, 2024, and will come into force on the 1st of April, 2024.
The law changes the five-year residency requirement for obtaining Portuguese citizenship. Now, the five-year period begins when you apply for residency, potentially expediting the path to becoming a Portuguese citizen.
Who is eligible for a Portuguese passport?
Under the Portugal Nationality Law 2020, children of Portuguese residents can obtain Portuguese citizenship and passports.
Second-degree family members of Portuguese origin will only have to show that they are proficient in the Portuguese language, and if your spouse is Portuguese and you have a child in Portugal, then you can apply directly for citizenship.
How can I get Portuguese citizenship?
Portuguese citizenship can be acquired through various routes, such as the Golden Visa residency-by-investment program, which grants legal residence for significant investments in Portugal.
After at least five years of residence, foreign nationals can apply for citizenship through naturalization. Portuguese nationality can also be obtained through marriage to a Portuguese citizen, with eligibility after three years, or by proving Portuguese origin.
Can I have dual citizenship in Portugal?
Yes, the updated Portuguese Law for nationality permits dual citizenship, allowing foreigners to obtain Portuguese nationality without giving up the citizenship of their home country.
First, you must ensure your home country permits dual citizenship.
Likewise, a Portuguese citizen can acquire a foreign citizenship without renouncing their Portuguese citizenship.
What impact does the amendment to the Portugal's Nationality Law have for Portugal Golden Visa holders?
Recent amendments to the Portugal’s Nationality Law don’t change the five-year legal residency requirement for Golden Visa holders, which starts from the date of the temporary residence permit application.
The updated naturalization process now emphasizes cultural understanding, potentially requiring more than just residency compliance. While future changes to investment thresholds and residency rules are possible, the path to Portuguese citizenship for visa holders remains largely the same.
Consulting with immigration professionals is advised to navigate these complexities and successfully obtain Portuguese nationality.
Who can apply for Portuguese citizenship?
Portuguese citizenship can be obtained through descent, marriage, residency, or exceptional contributions. Eligibility usually requires meeting residency requirements, demonstrating language proficiency, and proving integration into the Portuguese community.
A clean criminal record is crucial, as a prison sentence of more than three years in Portugal makes you ineligible for Portuguese nationality. Adhering to legal procedures set by Portuguese authorities is essential for acquiring citizenship.
What are the new rules for a Portuguese passport?
Recent changes to Portugal’s nationality law impact the process of obtaining Portuguese citizenship, including citizenship by descent and under Sephardic Ancestry. Citizenship eligibility now starts from the application date of the temporary residency permit, and adults can acquire citizenship by descent through a court ruling.
Legal residency is required for citizenship under Sephardic Ancestry, with a new mandate of a three-year stay in Portugal. Additionally, citizenship applications are suspended if UN or European Union restrictive measures are in place.
Are there language requirements for obtaining Portuguese citizenship through naturalization?
Yes, there are language requirements for obtaining Portuguese citizenship through naturalization, especially if you’re not from a Portuguese-speaking country. You must demonstrate language proficiency at the A2 level on the CEFR scale, typically by passing the Certificado Inicial de Português Língua Estrangeira (CIPLE) exam.
In some cases, attending a Portuguese language course and obtaining a certificate may be accepted. Additionally, you must provide proof of integration into the Portuguese community.
What is the process for obtaining Portuguese nationality if I have Portuguese parents but live overseas?
If you have Portuguese parents but live overseas, you likely qualify for Portuguese citizenship by descent. Eligibility requires that you were born outside Portugal to at least one parent who was a Portuguese citizen at the time of your birth. You’ll need documents such as your birth certificate, your parents’ marriage certificate (if applicable), and proof of your Portuguese ancestry.
The application process involves contacting your nearest Portuguese consulate or embassy, submitting required documents, and possibly attending an interview.
What are the benefits of obtaining Portuguese nationality?
If you obtain Portuguese nationality and receive a passport, you can live, work, study, and retire in any European country. Plus, your family members can join the fun without needing a separate work permit. Travel the world easier with visa-free access to over 180 countries. Enjoy Portugal’s high quality of life, healthcare, and climate.
What is the Portuguese nationality processing time?
The processing time for Portuguese nationality varies depending on your situation. Citizenship by descent, especially if you have Portuguese parents, is usually faster, ranging from a few months to a year.
Citizenship by naturalization typically takes longer, potentially several months to up to two years. Factors such as your nationality and the completeness of your application can influence the waiting period.
Can someone from one of the former Portuguese territories get Portugal citizenship?
People from former Portuguese territories may be eligible for Portuguese citizenship under specific circumstances. Citizenship by descent is possible if you have at least one parent or grandparent who was a Portuguese citizen before the territory’s independence.
Additionally, if your ancestors were born in Portuguese territory and resided there for more than five years before April 25, 1974, you might qualify for reacquisition of Portuguese nationality. Key territories include Angola, Cape Verde, Mozambique, and Goa, among others.
What is the new Nationality law in Portugal 2024?
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—meaning the date you apply for your residency permit.
