Reform of the Portuguese Nationality Law: Understanding the New Rules

Joana Loureiro Veríssimo | Lawyer

The reform of the Portuguese Nationality Law (Law no. 37/81, of October 3) represents one of the most significant updates to the nationality regime in recent decades. The proposal has been approved by the Portuguese Parliament and is now awaiting promulgation by the President of the Republic. It will enter into force the day after publication.

Once in effect, the reform will reshape the framework for the attribution, acquisition and loss of nationality, introducing new requirements, reinforcing integration criteria and increasing administrative transparency. The goal is to align nationality rules with Portugal’s contemporary social and migratory realities while ensuring a closer link between citizenship and genuine, long-term ties to the country.

Children of Foreign Nationals Born in Portugal

One of the most relevant changes concerns children born in Portugal to foreign parents. Under the current law, nationality can be attributed if at least one parent has resided in Portugal for one year, even without a residence permit. Under the new law, at least one parent must have legally resided in Portugal for five years at the time of the child’s birth and must hold a valid residence permit and identification.

Nationality by descent from Portuguese citizens will also depend on fulfilling the integration requirements that apply to naturalization, such as proficiency in the Portuguese language, the absence of criminal convictions and respect for democratic values. The reform thus makes nationality by birth and descent more selective, emphasising lawful residence, long-term integration and a real connection to the national community.

Marriage and Civil Partnerships

The basic rule for acquiring nationality through marriage remains unchanged: nationality may be granted after three years of marriage to a Portuguese citizen. Civil partnerships, previously referred to as de facto unions, must now be judicially recognised, as parish declarations are no longer sufficient.

Applicants must not fall under disqualifying categories such as serious criminal convictions, terrorism or international sanctions. The reform reinforces that nationality should only be granted to applicants with genuine, law-abiding ties to Portugal.

Adoption Clarified

Individuals adopted by Portuguese citizens now acquire nationality through a formal declaration rather than automatically. This clarification ensures consistency in registry practice and greater uniformity in the application of the law.

Naturalization: Extended Residence and Integration Requirements

The reform introduces stricter criteria for naturalization. The minimum residence period increases from five years to seven years for citizens of EU and CPLP countries and to ten years for all other nationals.

Applicants must demonstrate knowledge of the Portuguese language, culture and national symbols, an understanding of fundamental rights and duties, a formal declaration of adherence to the principles of the democratic rule of law and proof of economic self-sufficiency.

The disqualifying grounds are expanded to include convictions for crimes punishable by at least two years’ imprisonment, the application of international sanctions and any conduct incompatible with the values of the Portuguese Constitution.

At the same time, the reform revokes certain exceptional routes, including the previous path for descendants of Sephardic Jews and other provisions that allowed for dispensations from the general requirements. Nevertheless, nationality remains accessible to minors, stateless persons and former Portuguese nationals who never acquired another nationality.

Loss and Opposition to Nationality

The procedure for renouncing nationality becomes simpler. Dual nationals may now renounce Portuguese nationality by express declaration, without additional conditions.

Opposition to nationality acquisition by the Public Prosecutor’s Office remains possible but is now more focused. It can occur in cases of disqualification, such as criminal convictions, international sanctions or threats to national security, and must be brought within two years after the registration of nationality.

In long-term marriages or partnerships, or where Portuguese children are involved, opposition will only apply in those disqualifying situations. These changes aim to provide greater legal certainty and protection for stable families and long-term residents.

Consolidation of Nationality and Legal Certainty

The reform protects individuals who have held Portuguese nationality in good faith for more than ten years. Even if administrative errors are later discovered, these individuals retain their nationality. The ten-year period is counted from the registration of birth, the nationality registration or the issuance of the first Portuguese identity document.

However, this safeguard does not apply to cases of manifest fraud or false statements. The reform therefore balances protection of trust with accountability, strengthening confidence in the nationality system.

Biometric Data and Security

The reform introduces mandatory collection of biometric data, including facial images, fingerprints and height. These data may be cross-referenced with national databases such as the Citizen Card system and will be deleted five years after a rejection or following a final judicial decision. This measure enhances identity verification and prevents document fraud while remaining compliant with data protection rules.

Parentage and Residence Calculation

Parentage established after the age of majority will only affect nationality if confirmed by a final court decision, and the request must be submitted within three years of that decision.

For residence calculations, the reform allows the aggregation of continuous or interrupted periods of legal residence within certain limits: six years for stateless persons, nine years for EU or CPLP citizens and twelve years for all other nationals. The previous rule that counted the period between the residence permit application and its approval has been revoked, meaning only periods of residence already granted will count towards naturalization.

Procedural and Registration Changes

The reform clarifies that nationality only produces legal effects upon registration, confirming the constitutive nature of the act. The Institute of Registries and Notaries (IRN) will play a central role in maintaining and verifying the national database of nationality records.

Provisions allowing suspension of procedures are repealed, as the new disqualifying conditions are now part of the substantive requirements for acquisition and opposition.

Transitional Provisions

The new law will not apply retroactively. All applications submitted before the date of entry into force will continue to be processed under the previous legal framework, while new applications will follow the reformed rules.

Conclusion: A Stricter and More Transparent Regime

This reform represents a major shift in Portuguese nationality law. It strengthens the link between nationality and integration, narrows exceptional pathways and imposes clearer, more demanding standards for residence and conduct.

At the same time, it reinforces legal certainty for those who have legitimately acquired Portuguese nationality and modernises administrative procedures through digitalisation and biometric verification.

Portugal’s new nationality law thus seeks to balance openness and integrity, ensuring that citizenship continues to reflect both inclusion and responsibility within the democratic rule of law. For tailored guidance on how the new Nationality Law may affect your case, please contact our team.