The Portuguese Parliament has recently approved major amendments to the Nationality Law which, once ratified, will significantly impact the path to citizenship for Golden Visa holders and other non-EU residents.
It’s important to clarify that the Nationality Law does not regulate the Golden Visa program itself — this falls under the Immigration Law (Law on Foreigners), which was recently amended but did not introduce any changes to the Golden Visa regime. Therefore, the core requirements for Golden Visa investment and minimum stay remain fully in force. Family reunification rules are also unaffected. Furthermore, after five years of legal residence, Golden Visa holders remain eligible to apply for permanent residency.
However, the timeline for acquiring Portuguese nationality has been substantially extended. Golden Visa holders will now only become eligible to apply for citizenship after holding legal residency for an additional five years — effectively increasing the total minimum residency period from five to ten years. An exception has been introduced for citizens of CPLP countries, who may qualify after seven years of legal residence.
A key change introduced by the new legislation concerns the calculation of residence time. Previously, the five-year residency requirement began on the date the residence permit application was submitted — meaning the period spent waiting for approval already counted toward citizenship eligibility. Under the new rules, this clock will only start ticking from the date the residence permit is issued. As a result, the so-called “certidões de contagem de tempo” (residence time certificates), which confirmed time accrued before issuance, will lose their practical value in most cases.
In addition, the new law introduces more stringent integration and eligibility requirements for citizenship applicants. Candidates must now meet several cumulative conditions, including:
- Sufficient knowledge of the Portuguese language, history, and national symbols;
- Understanding of fundamental rights and duties, as well as the political organization of the Portuguese state;
- A formal declaration of adherence to the core principles of the democratic rule of law;
- No criminal conviction, by final judgment, for offences punishable by two or more years of imprisonment under Portuguese law;
- No threat to national security or public order, particularly due to involvement in terrorism, violent crime, or organized crime;
- Not being subject to restrictive measures imposed by the United Nations or the European Union;
- Sufficient financial resources to ensure subsistence.
These requirements significantly raise the bar for naturalization and reflect a more rigorous approach to integration and public security, and will not only affect Golden Visa holders but also apply to residents under other visa categories, including D2, D7, and D8.
Other significant changes introduced by this reform include the revocation of automatic nationality for children born in Portugal. Moving forward, at least one parent must have held legal residence in Portugal for a minimum of five years, and a formal declaration must be submitted for the child to acquire Portuguese nationality.
The reform also brings an end to the Sephardic Jewish ancestry route, which previously allowed descendants of Portuguese Jews to obtain nationality through historical lineage.
In terms of security and public order, the law now provides that nationality may be denied to individuals convicted, by final judgment, of crimes punishable by two or more years of imprisonment under Portuguese law. Furthermore, dual nationals may face loss of Portuguese nationality if convicted of serious crimes (such as terrorism or organized crime) within ten years of naturalization.
It is important to note that only nationality applications already submitted are expected to be protected under the current regime. Residence permit applications still under review will be subject to the new rules, particularly with respect to the revised time-counting criteria.
We strongly recommend that individuals who have already completed five years of legal residence submit their citizenship applications without delay. Clients considering transitioning from the Golden Visa to other visa types (D2, D7, D8) should be aware that the revised rules will continue to apply regardless of visa category.
Given the abrupt and far-reaching nature of these changes, we anticipate that the new regime will face legal challenges from applicants who were preparing to apply under the previous framework.
As of now, the law is not yet in effect. It awaits ratification by the President of the Republic, who may also choose to refer it to the Constitutional Court for review.
We are closely monitoring the legislative process and remain fully committed to defending the legal interests of our clients.
Nistal & Associados – Sociedade de Advogados, SP.RL
