Acquisition of Portuguese Nationality by Declaration of Intent – Time Limit for Opposition by the Public Prosecutor

The IRN has clarified the time limit for the Public Prosecutor to oppose nationality applications initiated before April 2024, under Article 2 of the Portuguese Nationality Law.

The new opinion issued by the IRN Advisory Board establishes that, in nationality proceedings initiated before 1 April 2024, the time limit for the Public Prosecutor to file an opposition must be calculated from the applicant’s declaration of intent, rather than from the date on which the acquisition of nationality is registered.

This clarification is particularly important given the excessive backlog of nationality applications, which in many cases take several years longer than the legally prescribed time limits. Accordingly, in proceedings initiated before 1 April 2024, the Public Prosecutor’s right to oppose may already have lapsed, even where no evidence has been submitted demonstrating the minor’s effective connection to the Portuguese community.

The Advisory Board of the Institute of Registries and Notaries (IRN) unanimously approved, on 28 May 2026, an important opinion concerning the temporal application of Article 10 of the Portuguese Nationality Law.

The document, endorsed on 11 June 2026, follows Constitutional Court Judgment No. 522/2025 and clarifies an issue of particular relevance to applications for the acquisition of Portuguese nationality that were pending on 1 April 2024.

What was at issue?

The central question concerned the point from which the time limit available to the Public Prosecutor to bring judicial opposition proceedings against the acquisition of Portuguese nationality by declaration of intent begins to run.

Under the legislation in force before April 2024, this period was one year, calculated from the event on which the acquisition of nationality depended, understood as the applicant’s expression or declaration of intent — in other words, the initial application submitted by the applicants.

However, an amendment introduced in 2022 to the Portuguese Nationality Regulations established that the time limit would begin to run only from the registration of the acquisition of nationality.

This difference gave rise to legal disagreements and court decisions concerning the legality of the regulatory amendment.

The Constitutional Court declared the 2022 amendment to the Portuguese Nationality Regulations unlawful.

In Judgment No. 522/2025, the Constitutional Court declared, with generally binding effect, that the regulatory provision changing the starting point for calculating the time limit was unlawful.

The Court held that the Nationality Regulations could not contradict the Nationality Law, since the latter is an organic law with enhanced legal status. Under the hierarchy of legal rules, a regulation cannot override an organic law such as the Portuguese Nationality Law.

The Court also recognised that determining when the opposition period begins is not merely a procedural matter, as it directly affects the exercise of the fundamental right of access to Portuguese citizenship.

What changes for pending applications?

Following this decision, the IRN Advisory Board reconsidered its previous position and concluded that the legislative amendment introduced by Organic Law No. 1/2024 cannot be applied retroactively to proceedings that were already pending when it entered into force.

Accordingly, two situations must be distinguished:

Applications initiated before 1 April 2024: the previous wording of Article 10 of the Nationality Law applies. The one-year period for the Public Prosecutor to file an opposition is calculated from the applicant’s declaration of intent to acquire Portuguese nationality.

Applications initiated on or after 1 April 2024: the wording introduced by Organic Law No. 1/2024 applies. Under this provision, the one-year period begins on the date the acquisition of nationality is registered.

This distinction is particularly important because applying the new rule to earlier applications could significantly extend the period during which applicants remain exposed to the possibility of opposition by the Public Prosecutor.

What about the new Nationality Law of 2026?

The opinion also refers to Organic Law No. 1/2026, which introduced a further amendment to Article 10, extending the period for the Public Prosecutor to oppose from one year to two years, calculated from the date of registration.

However, the legislation itself establishes a transitional provision stating that proceedings pending on the date it entered into force, 19 May 2026, remain subject to the previous version of the Nationality Law.

An important decision for legal certainty

The IRN Advisory Board’s new interpretation provides important clarification for applicants who submitted applications to acquire Portuguese nationality before April 2024.

By ruling out the retroactive application of the legislative amendment, the opinion reinforces the protection of legitimate expectations and legal certainty, preventing applications initiated under the previous regime from becoming subject to a subsequently extended opposition period.

It is important to emphasise that this interpretation specifically concerns the time limit for opposition by the Public Prosecutor in proceedings for the acquisition of nationality by declaration of intent. It does not apply indiscriminately to all forms of acquisition of Portuguese nationality.

In conclusion, for applications governed by the regime in force before 1 April 2024, the relevant date for calculating the opposition period is the applicant’s declaration of intent, not the date on which the acquisition of nationality is registered.

On the other hand, applicants whose proceedings were initiated on or after 1 April 2024 should pay particular attention to submitting evidence of an effective connection to the Portuguese community where the statutory presumptions do not apply to their specific circumstances. Otherwise, there may be grounds for the Public Prosecutor to oppose the acquisition of nationality, with the matter to be assessed and decided by the courts.

Another issue concerns determining the point from which the time limit for opposing the acquisition of nationality begins to run.

Under the current legal framework, doubts remain as to when this period begins. The procedure is structured in such a way that the registrar may refer the matter to the Public Prosecutor without first recording the acquisition of nationality. In the absence of registration, the question therefore arises as to how the one- or two-year period for filing an opposition can begin to run, depending on which period applies.