“Time Is of the Essence": The 5-Year Residency Period for Portuguese Citizenship Simplified
Danielle Avidago | Immigration Consultant
Remember back on 22 October 2024, when we stated that we did not yet have information regarding the true meaning behind the Nationality Law amendment on article 19(4) when it stated that the 5-year period starts when “the temporary residence permit was requested”? Well, now our million-dollar question has been answered!
AIMA has recently clarified, in an explanation session held recently, that the 5-year period for Golden Visa applicants starts counting from the following date of the settlement of the Golden Visa application analysis fee, provided that the application is approved.
To verify the accuracy of this information and, of course, ensure that our clients submit a complete and precise Portuguese Citizenship application, we have requested several Time Counting Certificates before AIMA for our Golden Visa clients to determine what date they were considering for the 5 years to apply for Portuguese Citizenship for Time of Residence.
Before, the Certificates stated different dates: some indicate the date of submission of the documents in the online portal, some the analysis fee payment, others the date of the first appointment, and even some matched the date of issuance of the applicant's first residence card.
Now, after several months of waiting, the Time Counting Certificates by AIMA have finally harmoniously determined one date: the date following the payment of the analysis fee. This corroborated AIMA´s speech in the clarification session, despite nothing of the kind being found in the law.
The amendment of the Nationality Regulation, which we have also previously mentioned we were waiting for, is still a topic in the Government; nothing has been published or approved. Yet, with the upcoming legislative elections in May 2025, we cannot guarantee that this official amendment will see the light of day anytime soon.
Nonetheless, having AIMA´s confirmation on their reading of the Nationality Law amendment applied to Golden Visa applicants is reassuring and will allow for more precise and complete Portuguese Citizenship Applications for Time of Residence.
You may now wonder, “But what if my card takes over 3 years to be issued? Even after completing 5 years from the payment of the analysis fee, do I still have to wait for the renewal to apply for citizenship?” The answer is negative. As long as you have a valid residence permit and have completed the 5 years of legal residency in Portugal by the time of the Portuguese citizenship application, it is not relevant whether you have renewed your residence permit twice or never.
AIMA´s understanding of when “the temporary residence permit was requested” to apply for Portuguese Citizenship for Time of Residence may also be extended, from our perspective, to Expression of Interest and CPLP applications submitted on their respective online portals and whose analysis fee is paid upon the online submission. That, of course, until the recent legal amendment, determined that applicants may only apply to those regimes requesting a prior residency visa in their country of residence.
Speaking of prior residency visas, we believe the same logic could be applied to what we call “D applications”. Because in the D7, D8, D3 and other D applications, AIMA fees are paid on the day of the appointment, according to our experience, the following day of the payment of AIMA´s fee is to be considered the start of the 5 years for Portuguese Citizenship application for Time of Residence, provided that the permit is approved.
Despite some uncertainty concerning the initial date of the 5 years to apply for Portuguese Citizenship Application for Time of Residence that some residence permits regimes still face, if you are about to complete your 5 years of residence in Portugal, the time to apply is now! The government has informed that they are discussing extending the 5-year minimum required time to apply for Portuguese Citizenship for Time of Residence for a longer period, which will greatly impact the lifelong plans of several applicants and their families.
Once again, because we are on the verge of legislative elections, this discussion may be postponed for the next months, and the period for the entry into force of this amendment may also translate into some more months. If you have the possibility of applying this year, we highly encourage you to do so.
