What Parliament Voted On
On April 1, 2026, the Portuguese Assembleia da República approved a fundamental reform of the Nationality Law (Lei da Nacionalidade) by a vote of 151 in favour to 65 against, with 216 deputies present. The threshold for an absolute majority was 116 votes, so the law passed with a significant margin. Voting in favour were the PSD, Chega, Iniciativa Liberal, and CDS-PP. Voting against were the PS, Livre, PCP, Bloco de Esquerda, JPP, and PAN.
The vote came after a last-minute political deal struck between the governing PSD and the far-right Chega party in the hours before the session. Under that deal, two specific concessions were made to secure Chega's support. First, the criminal conviction threshold for blocking citizenship applications was lowered from 4 years to 3 years of imprisonment. Second, the threshold for triggering the loss-of-nationality penalty was set at 5 years — a figure Chega had pushed for over a more lenient proposal. In exchange, Chega agreed to support the broader law including its central provision: the extension of residency requirements. The political deal was criticised by opposition parties, who argued it represented a compromise of the rule-of-law principles that should govern citizenship.
The New Residency Requirements for Citizenship
The most consequential change in the new nationality law is the extension of the minimum legal residency period required before a non-EU national may apply for Portuguese citizenship. Under the previous framework, non-EU nationals needed 5 years of legal residence. Under the April 2026 law, that figure doubles to 10 years. EU citizens and nationals of CPLP member states — which include Brazil, Cape Verde, Angola, Mozambique, Guinea-Bissau, São Tomé and Príncipe, Timor-Leste, and Equatorial Guinea — see their requirement rise from 3 years to 7 years.
The law also changes how the residency clock is calculated. Residency now counts from the date of issuance of the first legal residence card, not from the date of arrival in Portugal or the date of a visa application. This distinction matters considerably in practice. An immigrant who arrived in Portugal, waited 18 months for an AIMA appointment, then spent another 6 months having their permit processed did not accumulate that waiting time toward the citizenship threshold under the new rule. Only the period following the formal issuance of a residence card is counted. For anyone who experienced significant delays in obtaining their initial permit — a common situation given AIMA's well-documented backlogs — this change could effectively add years to the citizenship pathway beyond what the headline figure suggests.
Children born in Portugal to foreign parents are also affected. Previously, children born in Portugal benefited from more accessible rules for acquiring nationality. Under the new law, 5 years of legal residency is required. Families of non-EU nationals who have children born and raised in Portugal must now account for this change when planning their immigration and naturalisation strategy.
No Transitional Protections: Who Is Affected Immediately
The most legally significant — and politically contentious — aspect of the new nationality law is the complete absence of transitional provisions. The PS, during parliamentary debate, proposed grandfathering amendments that would have protected applicants already in the citizenship pipeline, preserving the old residency requirements for those who had already reached or passed the previous threshold or who had already submitted an application. All such amendments were defeated. The PSD-Chega majority applied the new rules universally without exception.
In practical terms, this means that any non-EU national who currently holds 5 to 9 years of legal residency in Portugal — and who expected to qualify for citizenship under the old rule — now faces a potentially years-long additional wait. An immigrant who arrived in 2020, obtained their first residence card in 2021, and was anticipating eligibility in 2026 now cannot apply until at least 2031 under the new timeline. For Brazilian and other CPLP citizens who had planned on the 3-year rule, those who are between 3 and 6 years of residency now face extended waits under the 7-year rule.
The Socialists have raised constitutional concerns about this lack of protection for legitimate expectations. Under Portuguese constitutional law, citizens and residents have a protected interest in relying on existing legal frameworks when making long-term decisions. Changing the rules without transition measures — particularly for those who already satisfied previous requirements — can be challenged as a violation of the principle of legitimate expectations (princípio da proteção da confiança). This argument is likely to form the basis of any petition to the Constitutional Court. Until the law is promulgated and in force, the existing 5-year rule continues to apply. If the president refers the law to the Constitutional Court, there is a real possibility that transitional protections could be required before the law can take effect.
Criminal Conviction Threshold and Other Changes
Beyond the residency requirements, the April 2026 nationality law includes changes to the grounds for blocking and revoking citizenship. The criminal conviction threshold for excluding an applicant from citizenship was lowered from 4 years to 3 years of imprisonment. This means that a non-EU national who has received a criminal sentence of 3 or more years is automatically barred from naturalisation, regardless of other qualifying criteria. Previously, the threshold was a conviction of 4 or more years, and immigration lawyers note that lowering this threshold will affect a non-trivial number of applicants who received sentences between 3 and 4 years.
The law also establishes a 5-year imprisonment threshold for loss-of-nationality proceedings. This provision applies to dual nationals who were convicted of crimes of particular gravity: under the new law, Portuguese nationality can be revoked from a naturalised citizen convicted of a crime carrying a sentence of 5 or more years. This measure was one of Chega's primary demands in the coalition deal and proved controversial during parliamentary debate. Critics argued it introduces a two-tier system of citizenship, where naturalised citizens face a vulnerability to revocation that birthright citizens do not. Supporters framed it as a proportionate measure to protect national security. The Constitutional Court is expected to scrutinise this provision closely if the law is referred for review, as the principle of equality between citizens raises serious questions about revocable and irrevocable citizenship.
The Path to Promulgation: What Happens Next
Following parliamentary approval, Portugal's nationality law reform must be promulgated by the President of the Republic, Marcelo Rebelo de Sousa, before it takes effect. The president has 20 days to act from the date the law is transmitted to the Presidency. Within that window, he has three options. He can promulgate the law, at which point it is published in the Diário da República and enters into force on the date specified in the legislation. He can exercise a political veto, returning the law to parliament with his objections — parliament can override a veto by an absolute majority, meaning the current PSD-Chega majority could reinstate the law unchanged. Or he can refer the law to the Tribunal Constitucional for a prior constitutionality review, suspending the promulgation clock while the court deliberates.
Multiple opposition parties have written to the President urging a referral to the Constitutional Court, specifically citing the lack of transitional provisions as a violation of the principle of legitimate expectations, and the loss-of-nationality clause as a potential violation of the equality principle. President Rebelo de Sousa has historically used his referral power on immigration-related legislation, and commentators have noted that he has expressed reservations about aspects of the government's immigration policy in the past. Immigration lawyers advising clients should closely monitor presidential communications in the coming days, as a referral to the Constitutional Court would create a period of legal suspension during which the old 5-year rule would continue to apply.
As of April 4, 2026, the law has not been promulgated. The existing nationality law and its 5-year residency requirement for non-EU nationals and 3-year requirement for EU/CPLP nationals remain operative. Do not assume the new rules are in force simply because parliament approved them; the date of promulgation and publication in the Official Gazette is the operative date.
What You Should Do Now
If you are currently in or planning to enter the Portuguese citizenship process, the most important immediate step is to calculate your residency dates precisely. Under the new law, the clock starts from the issuance date of your first residence card, not your arrival date. Gather the original documents for every residence card you have held in Portugal, and note the issuance dates rather than the expiry dates. If you are unsure which date controls, an immigration lawyer can provide clarity. This calculation will tell you how many years of qualifying residency you currently have, and how many more years you need under either the old or new rules.
If you currently meet the residency threshold under the existing 5-year rule and have not yet submitted your citizenship application, you should consult with an immigration lawyer immediately to discuss whether to proceed now, before the new law takes effect. Filing a complete and valid citizenship application before the law is promulgated would arguably allow you to be processed under the rules in effect at the time of submission, although the absence of transitional provisions means this is not legally guaranteed and would likely require legal argument if contested. Do not delay in gathering your documentation: proof of legal residency, criminal record certificates from all countries of residence, language proficiency evidence, and financial documentation. The processing time for citizenship applications once submitted is typically 12 to 24 months through the Conservatória dos Registos Centrais, so every week of preparation time matters.
For Golden Visa holders who had been planning a citizenship application after 5 years under the previous framework, the new law fundamentally alters the investment calculus. The 10-year residency requirement means that Golden Visa residency, with its minimum 7 days per year physical presence, now spans a decade before citizenship is available. Those who entered the program specifically to obtain citizenship in 5 years should seek legal advice on available options, including whether marriage to a Portuguese national or other alternative pathways to citizenship remain viable. The law's impact on the Golden Visa citizenship pathway is addressed directly in a companion analysis of Portugal's nationality changes.
Frequently Asked Questions
Does the new Portuguese nationality law apply to people already in the citizenship process?
Yes. The law as approved on April 1, 2026 contains no transitional provisions. This means that applicants who already submitted a citizenship application or who were counting on the previous 5-year residency requirement are subject to the new rules upon promulgation. The Socialist Party (PS) had proposed grandfathering protections that would have preserved the old timeline for those already in the pipeline, but those amendments were defeated. The law is not yet in force — it must first be promulgated by President Marcelo, signed in the Official Gazette, and take effect on the date stated in the legislation. Until that moment, the existing 5-year rule remains operative.
How long must I live in Portugal to get citizenship under the new law?
Under the April 2026 nationality law, non-EU nationals must hold legal residence in Portugal for 10 years before qualifying to apply for citizenship. EU citizens and nationals of CPLP countries — Brazil, Cape Verde, Angola, Mozambique, Guinea-Bissau, São Tomé and Príncipe, Timor-Leste, and Equatorial Guinea — face a 7-year requirement, doubled from the previous 3 years. The residency clock starts from the date of issuance of the first legal residence card, not from the date of arrival in Portugal or the date of the application. See the full breakdown of how Portugal calculates residency time for citizenship.
Can President Marcelo block the nationality law?
President Marcelo Rebelo de Sousa has three options: promulgate the law (sign it into force), exercise a political veto and return it to parliament, or refer it to the Constitutional Court for a prior constitutionality review. The Socialists have publicly argued that the absence of transitional provisions raises constitutional concerns. If the president refers the law to the Constitutional Court, implementation could be delayed by several months while the court deliberates. As of April 4, 2026, no decision by the president has been announced. Until promulgation, the existing 5-year rule remains in effect.
Does the new nationality law affect children born in Portugal?
Yes. Under the new law, children born in Portugal to foreign parents will need 5 years of legal residency before becoming eligible for Portuguese citizenship. Previously, children born in Portugal could acquire nationality under more automatic rules. This change significantly affects families of non-EU nationals who were born and raised in Portugal but whose parents hold residence permits rather than citizenship. If you have children in this situation, consult an immigration lawyer to assess how the new timeline affects their specific status.
How does the new Portuguese nationality law affect Golden Visa holders?
Golden Visa holders are non-EU nationals and therefore face the new 10-year residency requirement for citizenship under the approved law. Previously, many Golden Visa investors targeted Portuguese citizenship after 5 years of residency, often spending only the minimum 7 days per year physically present in Portugal. Under the new rule, that citizenship pathway extends to 10 years. Legal experts have flagged significant uncertainty for current Golden Visa holders who were mid-process under the assumption of a 5-year pathway. The law is not yet in force pending presidential action, and there is a real possibility of constitutional challenges that could delay or modify it.