The amendments to Nationality Law 37/81 of 3 October, introduced by Organic Law No. 1/2026 of 18/05, in force since 19 May 2026, represent a broad set of structural changes affecting both the attribution and acquisition regimes of portuguese nationality.
With respect to original nationality, Article 1(1)(f) no longer allows the automatic attribution of nationality to individuals born in Portugal to foreign parents who have been legally resident for at least one year. The new wording now requires, cumulatively, a declaration of intent by the applicant and proof that, at the time of birth, at least one parent had been legally resident in Portugal for a minimum period of five years.
At the same time, Article 1(3) introduces a significant amendment to the regime set out in Article 1(1)(d), by making these situations subject to compliance with the criteria provided in Article 6(1)(c) to (h), thereby reinforcing the substantive assessment of the applicant’s connection to the national community.
With regard to naturalization, Article 6 has been substantially revised. Paragraph 1 now expressly establishes that all requirements are cumulative and must be met at the time the application is filed. The period of legal residence set out in subparagraph (b) is extended from five to seven years (for nationals of EU Member States and Portuguese-speaking countries) and to ten years (for all other applicants).
The requirement relating to knowledge of the Portuguese language has also been strengthened. Subparagraph (c) now requires not only knowledge of the language but also of Portuguese culture, history, and national symbols. In addition, new subparagraphs (d) and (e) require knowledge of fundamental rights and duties and of the political organization of the State, as well as the submission of a formal declaration of adherence to the principles of the democratic rule of law.
Regarding suitability, the former paragraph (d) becomes paragraph (f), which provides for the absence of a final court conviction for crimes punishable by an effective prison sentence of more than three years, including terrorism, violent and especially violent crime, highly organised crime, crimes against State security, or aiding illegal immigration, as punishable under Portuguese law. This requirement is now established as a rebuttable presumption, pursuant to the new paragraphs 14 to 16.
Subparagraph (g) (formerly (e)) retains the requirement that the applicant does not pose a threat to security. New subparagraphs (h) and (i) are also introduced, relating respectively to the absence of international restrictive measures and to the applicant’s capacity to ensure their subsistence.
The regime applicable to minors, set out in Article 6(2), becomes more demanding, requiring the legal residence of one parent for at least five years, attendance of compulsory education (where applicable), and compliance with additional criteria set out in subparagraphs (e) to (h) of paragraph 1. These requirements are now extended to institutionalized minors, pursuant to the new paragraph 4.
In addition, significant changes are introduced in the special regimes. In particular, paragraph 3 introduces a specific regime for stateless persons who have been legally resident in Portugal for at least four years. Paragraph 5 is repealed, as well as paragraph 7, which concerned descendants of Portuguese Sephardic Jews.
Paragraph 8, which previously provided for the naturalization of ascendants, is reformulated and limited to third-degree descendants in the direct line (great-grandchildren), subject to a requirement of at least five years of legal residence.
Paragraph 9 now provides for the granting of nationality to individuals who have rendered relevant services to the Portuguese State (a regime previously set out in paragraph 6), with an exemption from the requirements relating to residence and knowledge of the language.
With regard to knowledge of the Portuguese language, Article 10 is also amended: whereas previously the presumption applied only to nationals of Portuguese-speaking countries, it now suffices to be a national of an African Portuguese-speaking country (PALOP), except in manifest cases of lack of proficiency.
The opposition regime set out in Article 9 is reinforced, with the existence of an effective link to the national community now being assessed on the basis of substantive criteria, including consideration of convictions for offences such as desecration of national symbols. The time limit for objections by the Public Prosecutor, provided for in Article 10(1), is also extended from one to two years.
Further relevant amendments concern legal residence, particularly Article 15, where paragraph 3 establishes time limits for the aggregation of residence periods (six, nine, or twelve years, depending on the case). It is no longer possible to count as legal residence the period following the submission of applications of residence permits, which had previously been allowed under paragraph 4, now eliminated.
Moreover, and no less importantly, Article 19 now expressly provides for the constitutive nature of the registration of acts relating to nationality.
From a systematic perspective, the elimination of Section II of Chapter II and the integration of Article 5 into Section I also produce substantive effects: by incorporating acquisition by adoption into the general regime of acquisition by declaration of intent, it becomes subject to the opposition mechanism set out in Article 9.
In general terms, these amendments represent a significant tightening of the nationality regime, with increased requirements regarding integration, security, and effective ties to the national community.
There are also legislative details which, beyond any doubt, tend to reinforce the current inertia of public services, namely by providing that registration becomes constitutive of the right, in a context of significant delays in the processing of applications.
Furthermore, the extension to two years of the deadline available to the Public Prosecutor’s Office to file an objection further contributes to prolonging the legal uncertainty of applicants.
On the positive side, a more favourable regime is foreseen for those who provide relevant services to the State. In particular, the provision aimed at high-performance athletes, such as football players, and other individuals considered relevant, exempts them from the requirement to demonstrate knowledge of the Portuguese language.
Nistal & Associados
