Pending Nationality Applications: Are They Protected by the Previous Law?
Javier Mateo | Lawyer
The amendments to the Portuguese Nationality Law introduced by Organic Law no. 1/2026, of 18 May, entered into force on 19 May 2026 and brought significant changes to the legal framework for the attribution and acquisition of Portuguese nationality.
This reform has generated understandable concern among applicants, particularly those who had already submitted their nationality applications before the new law entered into force. Many applicants are asking the same question: if my application is already pending, will the new rules apply to my case?
Will the New Portuguese Nationality Law Apply to My Case?
In practical terms, this means that nationality applications already submitted and pending before 19 May 2026 should continue to be assessed under the previous version of the Portuguese Nationality Law.
This is a very important clarification. Applicants with pending procedures should not assume that their case has automatically become subject to the new, more demanding requirements. The transitional rule exists precisely to avoid that result.
The new law introduced several relevant changes. In naturalisation cases, the minimum period of legal residence in Portugal increased to seven years for nationals of Portuguese speaking countries and citizens of European Union Member States, and to ten years for nationals of other countries.
The reform also introduced additional requirements concerning integration, knowledge of Portuguese culture, national history and symbols, the rights and duties inherent to Portuguese nationality, the political organisation of the Portuguese State, a solemn declaration of adherence to the fundamental principles of the democratic rule of law, absence of certain serious criminal convictions, absence of restrictive measures approved by the United Nations or the European Union, and capacity to ensure one’s own subsistence.
The law also
changed or eliminated certain previous nationality routes for new applications, including the special regime for descendants of Portuguese Sephardic Jews. It further introduced changes concerning
children born in Portugal to foreign parents, adoption, stateless persons, descendants in the third degree of Portuguese nationals, opposition to the acquisition of nationality, and the treatment of biometric data.
These changes are significant. However, they do not mean that all existing applicants are suddenly exposed to the new legal framework.
For pending cases, the relevant legal question is not simply what the law says today. The key question is whether the administrative procedure was already pending when the new law entered into force.
If the application had already been submitted before 19 May 2026 and the administrative procedure was pending on that date, Article 7, no. 2, provides a strong legal basis for the application of the previous version of the Portuguese Nationality Law.
This does not mean that pending cases require no attention. Applicants should still ensure that their files are complete, that any requests for additional documents are answered within the applicable deadlines, and that their contact details remain updated.
A protected pending application can still face delays, evidentiary issues, procedural notifications or requests from the registry services.
It is also important to distinguish between a pending application and a mere intention to apply. The transitional protection applies to administrative procedures pending at the date of entry into force of the law. Individuals who had not yet submitted their application before 19 May 2026 will generally need to assess their eligibility under the new legal framework.
Applicants should therefore avoid panic, but they should also avoid complacency. The existence of a transitional rule is reassuring, but each case should be assessed on its own facts, especially where there are doubts about the date of submission, payment, completeness of the application, pending document requests or the specific nationality route invoked.
The Government now has 90 days from the publication of Organic Law no. 1/2026 to adapt the Portuguese Nationality Regulation to the new legal provisions. Until further regulation and administrative practice become clearer, careful legal analysis remains particularly important.
The main practical message is simple: if your Portuguese nationality application was already pending before 19 May 2026, there is no reason to assume that the new law automatically applies to your case.
Organic Law no. 1/2026 expressly protects pending administrative procedures by maintaining the application of the previous wording of Law no. 37/81.
At LVP Advogados, our nationality and immigration lawyers are closely monitoring the implementation of the new legal framework. If you have questions about a pending nationality application, or if you are unsure whether your case is protected by the previous law, we will be pleased to review your situation and assist you in defining the most appropriate
