Portuguese Nationality Law: A New Version Has Been Approved, But It Is Not Yet in Force

8 April 2026
LVP Advogados | Flash News

It may sound like an April Fool’s headline, but it is not. On April 1, 2026, the Portuguese Parliament approved, for a second time, amendments to the Portuguese Nationality Law. This follows the Constitutional Court’s earlier review of the previous version and introduces changes that may affect the residency and citizenship plans of many applicants. 


That said, the most important point at this stage is simple: the law is not yet in force. Although the revised text has been approved by Parliament, it has not yet completed the remaining constitutional and political steps required for it to become effective. Until then, the current nationality regime remains applicable.

Key changes and their potential impact


Based on the approved text, some of the most relevant proposed changes are the following:


Extended residency requirements

 
The
minimum legal residence period for naturalisation is expected to increase from 5 years to 7 years for nationals of Portuguese-speaking countries and citizens of EU Member States, and to 10 years for nationals of other countries.

 
Stricter integration requirements


The new text goes beyond the traditional language requirement. It refers to knowledge of Portuguese culture, history and national symbols, as well as knowledge of the fundamental rights and duties associated with nationality and the political organisation of the State. It also refers to a formal declaration of adherence to the principles of the democratic rule of law and to the applicant’s ability to ensure his or her own subsistence.


A stricter framework for residence counting

 
One of the most sensitive aspects concerns how periods of
legal residence are assessed. The law confirms that only legally recognised residence periods are relevant, which may be counted cumulatively, whether consecutive or not, within certain reference limits depending on the applicant’s category.
 
This is particularly relevant for applicants who have experienced long immigration delays. However, the exact practical effect of this framework will only be fully understood once the law is formally enacted and implemented.


Pending applications remain protected

This is a crucial point. The approved text expressly states that administrative procedures already pending when the new law enters into force will continue to be governed by the previous version of the law. In practical terms, applications already submitted should not be reassessed under the new rules.


How these changes may affect current and future plans


“Can I still apply before the law changes?”
 
Many applicants who are approaching
eligibility under the current rules are understandably considering submitting their applications now. If you already meet the current 5-year legal residence requirement, this may be an important moment to assess your position carefully. However, submitting an application before fully meeting the legal requirements still carries a significant risk of refusal.
 
“What about the waiting time for my residence card?”
 
This remains one of the most sensitive issues, particularly for
Golden Visa applicants who have experienced long administrative delays. While the new framework appears to reinforce the relevance of formally recognised legal residence, the full practical impact on these situations will only become clear after promulgation, publication and implementation of the law.
 
“Is litigation an option?”
 
Legislative amendments are part of the normal functioning of a democratic system governed by the rule of law. At this stage, and based on the information currently available,
litigation is not generally the most effective route. The State has the power to change legal requirements, provided constitutional limits are respected. Any decision to litigate would therefore need to be assessed carefully on a case-by-case basis.

 
What are the main differences compared to the
October 2025 version?

 
Although both versions aim to
tighten access to nationality, there are relevant differences.


Criminal conviction thresholds


The October 2025 version proposed a broader exclusion, potentially disqualifying applicants sentenced to prison terms of 2 years or more for any crime punishable under Portuguese law. The April 2026 version adopts a narrower approach, focusing on more
serious categories of crime and higher thresholds


A more proportionate approach


The newer version appears more balanced in certain areas, avoiding broader or more indeterminate criteria and introducing a more structured framework in sensitive areas such as
criminal background assessment.

 
Opposition to nationality


The new version also adjusts the wording on opposition grounds linked to
lack of connection to the national community. In particular, it includes express reference to the possible relevance of conviction for the crime of insulting national symbols.


Current scenarios and next steps


If the law is promulgated and published,
the new rules will apply to applications submitted after its entry into force. Applications already pending should remain protected under the transitional regime expressly included in the approved text.
 
If the law is vetoed or subject to further constitutional review, its entry into force may be delayed and the wording may still be subject to change.
 
For now, the position remains clear:
until the new law is officially enacted and published, the current nationality regime remains in place.
 
For applicants who are close to becoming eligible under the current rules, this may be an important time to review their position.


For those with pending renewals or ongoing residence matters, maintaining uninterrupted legal residence status remains especially important.
 
LVP Advogados is following this legislative process closely and will continue to share updates as soon as there are further developments. For more immediate updates, you may also follow our LVP WhatsApp Channel, where we regularly share legal news and practical insights on Portuguese law.
 
If you would like to assess your eligibility or discuss whether this is the right time to move forward with a
nationality application, our team would be pleased to assist you. Please feel free to reach us through our contact form for a personalized assessment. 

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