Portugal Nationality Law: Key Facts for Expats
In short
These new measures represent a clear change from the more open immigration policies of the past. Expats and those aspiring to make Portugal their home must be aware about the final implementation of this new legislation and how it may impact their journey to citizenship.
Lisbon — In a move that continues to show the significant shift in its immigration policy, Portugal's Parliament has approved a new Nationality Law that introduces stricter requirements for obtaining citizenship. The legislation, passed on Tuesday, October 28th, lengthens the residency period for most applicants and tightens the rules for children of foreign parents born in the country.
The new law, a key initiative of the current government, was approved with the support of a right-wing coalition. Prime Minister Luís Montenegro described the changes as a way to "restore order" and "dignify" Portuguese nationality, stating that "to be Portuguese is an honor and a responsibility."
Here's a breakdown of the key changes for immigrants:
Increased residency requirements
The most significant change is the extension of the minimum residency period required to apply for Portuguese citizenship.
- For most foreign nationals: The required period of legal residency has been doubled, from five to ten years.
- For citizens of CPLP countries (Community of Portuguese Language Countries), including Brazil, and citizens of the European Union: The residency requirement has been increased from five to seven years.
Stricter rules for children born in Portugal
The criteria for children born in Portugal to foreign parents to acquire Portuguese nationality have also been made more stringent.
Previously, a child could be registered as Portuguese if one of the parents had been legally resident for at least one year. Under the new law, one of the parents must have been legally resident in Portugal for a minimum of five years.
Loss of nationality for serious crimes
In a related and controversial move, Parliament also approved an amendment to the Penal Code allowing for the revocation of Portuguese nationality for individuals who have committed serious crimes. A judge can impose this as an accessory penalty for those sentenced to four or more years in prison.
This can only be applied if the crime was committed within ten years of acquiring citizenship and if the individual holds another nationality, to avoid rendering them stateless.
What remains unchanged?
Despite the significant changes, some key pathways to Portuguese citizenship are unaffected:
- Descendants of Portuguese citizens: Individuals with a Portuguese parent or grandparent will still have the right to claim nationality by descent.
- Spouses of Portuguese citizens: Those married to a Portuguese citizen can still apply for citizenship after three years of legal residency in Portugal.
What happens now?
The new law now awaits promulgation by President Marcelo Rebelo de Sousa, who can approve it, veto it, or send it to the Constitutional Court for review. The changes will only take effect after being published in the official government gazette, the Diário da República.
The government has framed these changes as part of a broader "structural reform" of immigration, following the recent tightening of the Foreigners' Law. Prime Minister Montenegro has also announced a forthcoming "return law" to streamline the deportation of immigrants who do not comply with Portuguese regulations.
These new measures represent a clear change from the more open immigration policies of the past. Expats and those aspiring to make Portugal their home must be aware about the final implementation of this new legislation and how it may impact their journey to citizenship.
There’s still no clear path on how integration will be measured and tested, but it’s expected to have a relevant change in how they measure it as well.
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