Latest Amendment to Portuguese Nationality Law: What We Know So Far

Joana Torres Fernandes | Partner

The tenth amendment to the Portuguese Nationality Law, introduced by Organic Law 1/2024 and published on 5th March 2024, in Diário da República (The Official Gazette), brings a significant change in the rule for counting legal residence periods for Portuguese nationality applications. Effective from 1st April 2024, time elapsed since the submission of a temporary residence permit application will now be considered for citizenship application purposes, provided that the residence permit is granted.

This crucial change reflects the acknowledgement by the Government of the delays faced by applicants in obtaining residence permits from Immigration Services. The amendment aims to address this issue through an administrative and automatic measure. It is important to note that the starting point for counting towards nationality may vary depending on different immigration programs.

Each immigration path has specific criteria regarding when the clock starts ticking towards eligibility for Portuguese nationality. Whether through visa applications, Expressions of Interest submissions, or Golden Visa processes, it is crucial to follow the established rules and timelines set forth by each program.

For example, Applicant A's journey towards nationality begins upon their appointment date with Immigration Services after obtaining their visa approval. On the other hand, Applicant B's timeline is based on their online Expression of Interest submission date.

It has been specified that adjustments to the Portuguese Nationality Regulation will occur within 90 days after the publication of this amendment and are still pending approval by the President of the Republic.

While current nationality law stipulates a five-year eligibility period starting from the date of application, there is still a lack of specific regulations defining key procedures and reference points. This ambiguity may cause concerns for applicants awaiting clarity on their status. 

Until further guidance is issued, we advise applicants to adhere to previous nationality law requirements while awaiting official clarification. We are actively monitoring this situation and will provide updates as needed.

Should you wish to further discuss this matter, please feel free to reach out to us. Our team is committed to offering thorough assistance in navigating these legal complexities with the highest level of diligence and accuracy.