Amendments to the Nationality Law – Progress or Regression?

Amendments to the Nationality Law – Progress or Regression?

On 28 October 2025, the Portuguese Parliament approved a series of amendments to Law No. 37/81 of 3 October, commonly referred to as the Nationality Law. The principal changes introduced are set out below, together with a comparison to the current regime that the Government seeks to reform.

The first significant amendment concerns the length of residence required to obtain Portuguese nationality. Under the existing regime, a five-year stay was sufficient. The proposed legislation extends this period to ten years for nationals of third countries and to seven years for citizens of the European Union or Portuguese-speaking countries.

Under the current framework, nationality may be acquired after one year of residence, irrespective of legal status. The proposed changes stipulate that children of foreign nationals born on Portuguese soil will only be entitled to automatic citizenship if their parents have been legally resident in Portugal for at least five years, and the child is enrolled in and regularly attending compulsory education.

Another major change introduces additional integration requirements. Previously, applicants were required to demonstrate adequate knowledge of the Portuguese language. Under the proposed regime, applicants must also provide evidence—through an examination or official certification—of familiarity with Portuguese culture, history, and national symbols; demonstrate sufficient understanding of the fundamental rights and duties inherent to Portuguese nationality and the political organisation of the Portuguese State; and formally declare adherence to the fundamental principles of the democratic rule of law.

For the purpose of calculating periods of legal residence under the current regime, the time elapsed between the submission of an application for a temporary residence permit was considered, provided that the permit was subsequently granted. This provision has been repealed. Under the proposed amendments, only periods of effective and valid legal residence will be counted. Time spent in Portugal under the “expression of interest” procedure, as well as the interval between the application for a temporary residence permit and its approval, will no longer be considered.

The current law also provides an exceptional regime for Sephardic Jews, granting nationality to descendants of those expelled from Portugal in the 15th century. This special provision has been revoked under the proposed amendments.

Since the announcement of these changes, numerous legal scholars and practitioners have raised concerns regarding potential violations of constitutional principles. The Portuguese Socialist Party requested a preventive review of the new Nationality Law. On 15 December, the Constitutional Court declared the law unconstitutional, identifying four provisions in breach of the Constitution—three of which were unanimously rejected by the judges.

It should be noted that the Constitutional Court did not review the provision concerning the residence period required for naturalization. The proposed increase in the minimum residence period therefore remains unaffected. Two major rules were upheld as constitutional:

(i) the determination of the starting point for calculating the residence period; and

(ii) the absence of a comprehensive transitional regime.

While the Court acknowledged the importance of safeguarding the legitimate expectations of individuals who have not yet submitted their citizenship applications, it concluded that the legislator’s approach does not infringe any constitutional principles.

However, the Court declared unconstitutional the transitional regime applicable to pending citizenship applications. Specifically, it held that applications submitted under the previous legal framework must be assessed in accordance with the requirements in force at the time of submission, although the verification of those requirements should occur at the time of the decision. In practical terms, this means that if an applicant files a citizenship application under the former law and subsequently fulfils the relevant requirements—such as obtaining a residence card—before the decision is rendered by the Portuguese Civil Registry Office (IRN), it would be unconstitutional to reject the application solely on the ground that those requirements were not fully met at the time of filing.

Consequently, the President of the Republic, in compliance with constitutional requirements, returned the bill to Parliament. The entry into force of a new Nationality Law therefore remains uncertain, contingent upon the consensus—or lack thereof—that may emerge within the Portuguese Parliament.