Portuguese nationality law changes in 2026: what changed, who is affected and what to do now

The amendments to the Portuguese nationality law have officially entered into force, significantly changing the rules for naturalisation, children of foreign nationals born in Portugal, and other citizenship routes. The legal framework is no longer a set of proposals but Organic Law no. 1/2026 of 18 May, the date of its publication in the official gazette; the law entered into force the following day, 19 May 2026.

If you live legally in Portugal, are counting the years towards naturalisation, have children born in Portuguese territory, or intend to apply for citizenship by descent, it is essential to understand what has changed, what remains the same, and which regime applies to your case.

Key points

• The new nationality law entered into force on 19 May 2026.
• The standard legal residence period for naturalisation is no longer five years.
• A minimum period of seven years is now required for nationals of official Portuguese-speaking countries and EU Member States, and ten years for nationals of other States.
• Naturalisation now requires reinforced conditions, including knowledge of Portuguese culture, history, national symbols, fundamental rights and duties, political organisation of the State, a solemn declaration of adherence to the democratic rule of law, and the capacity to ensure one's own subsistence.
• Administrative procedures already pending on 19 May 2026 continue to be governed by Law no. 37/81 of 3 October, in its previous wording.

What changed in the new Portuguese nationality law

The main alteration lies in the regime for naturalisation by residence. The new legal text raised the minimum legal residence period to seven years for nationals of official Portuguese-speaking countries and EU Member States, and to ten years for nationals of other States.

In addition to the timeframe, the new law demands a more stringent set of material requirements. These include sufficient knowledge of the Portuguese language and culture, national history and symbols, fundamental rights and duties, the political organisation of the State, a solemn declaration of adherence to the democratic rule of law, and the capacity to ensure one's own subsistence.

The regime applicable to children of foreign nationals born in Portugal was also modified. It is now required that, at the time of birth, at least one parent must have resided legally in Portugal for at least five years.

For minors covered by Article 6(2), the requirements have also become stricter. The law now requires, among other elements, legal residence of at least one parent for five years and regular attendance of compulsory education, where applicable.

The new wording also altered the adoption regime and eliminated the special framework linked to descendants of Portuguese Sephardic Jews, while introducing specific legal provisions for great-grandchildren (3rd degree descendants) under terms that require individual technical analysis.

What remains

The new law did not eliminate all routes to Portuguese citizenship. Distinct regimes for original attribution, acquisition by declaration, and naturalisation continue to exist, each with its own requirements.

For instance, citizenship by descent for children of Portuguese citizens born abroad and the legal route applicable to grandchildren of Portuguese citizens remain in place, subject to documentary analysis and the specific framework of each case. The central importance of Portuguese civil registries, consistency between certificates, and the correct articulation between the law and regulation also persist.

Who is most affected

Those most directly affected are legal residents in Portugal who have not yet submitted a naturalisation application and were relying on the old five-year timeframe. For these cases, the decisive question has become whether the application was already pending on 19 May 2026, or whether it is started on or after that date and therefore falls under the new wording.

Foreign parents with children born in Portugal should also carefully review their position, as the legal residence criterion prior to birth has become stricter. Simultaneously, families planning to proceed via descent, adoption, or other routes should avoid assuming that the 2024 rules remain fully valid.

Pending applications: old or new regime?

This is one of the most crucial points of the reform, and it is settled by the ordinary rules on the application of the law in time. The new wording applies to procedures started on or after 19 May 2026; administrative procedures already pending on that date continue to be governed by Law no. 37/81 of 3 October, in its previous wording (article 7(2) of Organic Law no. 1/2026).

In practical terms, applications already pending on 19 May 2026 remain subject to the previous regime, while procedures started on or after that date are assessed under the new wording.

Before and after 19 May 2026

What to do now

Anyone with an application already submitted should confirm the date of entry, the status of the procedure, and the actually applicable norm. Those who have not yet submitted their application should work from the new wording, which governs procedures started on or after 19 May 2026.

It is also prudent to review the entire documentary basis before proceeding. Dates of legal residence, issued titles, civil registry certificates, criminal records, and other supporting elements can be decisive in avoiding delays, objections, or refusals.

FAQs

Is the new Portuguese nationality law already in force?

Yes. The amendments introduced by Organic Law no. 1/2026 entered into force on 19 May 2026.

Is the timeframe to apply for Portuguese citizenship by residence still five years?

No. The minimum period is now seven years for nationals of official Portuguese-speaking countries and EU Member States, and ten years for nationals of other States.

Do the new rules apply to pending applications?

No. The new wording applies to procedures started on or after 19 May 2026; administrative procedures already pending on that date continue to be governed by Law no. 37/81 of 3 October, in its previous wording (article 7(2) of Organic Law no. 1/2026).

Can a child of foreigners born in Portugal still obtain Portuguese citizenship?

Yes, but with stricter requirements. Under the situation provided by law, it is now required that one of the parents has legally resided in Portugal for at least five years at the time of birth.

Has citizenship by descent been eliminated?

No. Routes by descent continue to exist, namely for children and grandchildren of Portuguese citizens, although each case depends on the applicable legal and documentary framework.

What else might change in practice?

Although the law is already in force, the practical application of several norms still depends on supplementary regulation. The law gave the Government 90 days from publication to adapt the Portuguese Nationality Regulation. The status of the regulation should be confirmed whenever this article is reviewed.