Portugal’s nationality law: Likely changes ahead — and what residents should do now

Portugal is in the middle of a significant political and legislative debate about tightening access to Portuguese nationality, particularly for naturalization based on residence.

The Government’s stated policy direction is to reinforce a “genuine, robust and long-lasting tie” to the national community, pairing longer residence requirements with stronger integration and suitability criteria.

Where things stand as of February 2026

In late 2025, Parliament approved a reform package, but preventive constitutional review intervened. The Constitutional Court issued a ruling, declaring four norms unconstitutional within the parliamentary decree amending the Nationality Law. The practical result is that the diploma must return to Parliament for changes before it can proceed to promulgation and publication.

This means the final wording, timing, and transitional rules are still in flux, with the expectation that only after the presidential elections and the new President takes office on March 9th will the legislative process resume.

What is the reform likely to change?

1) Longer residence periods before applying

• 7 years for citizens of Portuguese-speaking countries (CPLP) (and, in some versions, EU citizens).

• 10 years for most other applicants.

Just as important, the Government has indicated the qualifying period would start counting from the moment the residence permit is granted, not from earlier procedural milestones.

Why it matters: Many applicants lose months (or even years) due to processing or administrative delays. A rule that counts only from the issue date of the first residence permit can materially shift eligibility timelines.

2) Integration requirements: language, culture, and civics testing

Portugal already requires knowledge of the Portuguese language for many nationality routes. Under the reform proposals, applicants would also need to demonstrate broader integration through testing/certification in areas such as Portuguese culture, history, and civic knowledge, including rights and duties, and the political organization of the state.

Additionally, applicants would be required to submit a solemn declaration affirming their commitment to the fundamental principles of the democratic rule of law.

3) Stricter “suitability” rules (criminal record).

The Government’s framework includes a clearer exclusion for applicants with effective prison sentences superior to 2 years.

4) Rules for children born in Portugal to foreign parents

The reform would tighten “at birth” nationality rules for children of foreign parents by requiring 5 years of legal residence by the parent(s).

What should residence permit holders do immediately to safeguard their position?

Even though the final law is not settled, residents can act now to reduce risk and preserve options, especially because it seems these rules will only safeguard citizenship applications already filed and not ongoing residency processes.

1) Confirm whether you are already eligible under the current framework — and consider applying ASAP if you already meet today’s requirements for your route (residence-based naturalization, marriage/partnership route, minors, etc.).

It may be prudent to prepare and submit rather than wait for potentially stricter rules. This is especially relevant for people approaching eligibility thresholds. A practical point that has been widely discussed and divides the legal community is the possibility of filing a nationality application before completing five years counted from the issuance date of the first residence permit, relying on the rule currently set out in Article 15(4) of the Portuguese Nationality Act (introduced in 2024).

Under this provision, the relevant residence period may include the time elapsed since the date the first temporary residence permit was applied for, provided that the application is ultimately granted. The Constitutional Court, when assessing the attempted repeal of this rule, emphasised that it was designed to protect individuals from “administrative inertia”, so that delays attributable to the State do not unfairly prevent applicants from meeting the residence requirement.

That said, this approach carries material risks: (i) if the residence application relied on as the “starting point” is ultimately not granted, the time elapsed will not be counted; (ii) in practice, the competent authorities (Civil Registry Office) may adopt a more conservative reading of when the residence requirement is met. While the Constitutional Court indicated that eligibility should be assessed at the time the nationality application is decided/approved, rather than strictly at the time it is filed, reliance on that interpretation is not risk-free. In fact, it may encourage applicants to submit before completing five full years, particularly given current processing times that can exceed 36 months.

2) Protect the continuity of your legal residence.

Future rules are expected to be more sensitive to legal residence continuity and to what counts toward the residence clock. You should: • Renew your residence card on time. • Avoid gaps in status (even short ones). • Keep proof of lawful stay and renewals organized.

3) Start (or complete) Portuguese language certification and prepare for a civics/culture test.

Because the reform trajectory includes a formal integration assessment, residents should not wait:

• Begin a structured Portuguese A2 path.

• Keep certificates, enrolment proof, and exam documentation.

• Track developments on any new “civics/culture” test model and start basic preparation now.

4) Families: plan for children born in Portugal and family timing.

If you are planning a family or already have children born in Portugal:

• Check the children’s eligibility under current rules now, and whether an application should be filed sooner.

• Keep proof of parents’ legal residence periods.

Bottom line

Portugal’s nationality reform is moving toward a model of longer qualifying residence, stronger integration testing, and stricter suitability filters, but the Constitutional Court’s preventive review means the final version is still being reworked in Parliament.

For residence permit holders, the safest approach is proactive: secure continuity, collect evidence, complete language requirements, and—if eligible—consider filing under the current regime rather than waiting for rules that are likely to become tougher.