TL;DR: Portugal’s Parliament approved a new Nationality Law in April 2026 that doubles the residency requirement for citizenship. Non-EU nationals (UK, US, Australia, Canada) must now reside legally in Portugal for 10 years before applying for citizenship — up from 5 years. EU and CPLP nationals face 7 years, up from 5. The law is not yet in force as of May 2026 — it must be published in the Diário da República first. Pending applications submitted under the old 5-year rule are protected. Families who arrived recently or are planning to move now need to recalculate their citizenship timeline entirely.
If you’ve been planning your family’s move to Portugal with a 5-year citizenship timeline in mind, this article is important. Portugal has passed one of the most significant changes to its nationality law in decades — and for many expat families, it changes the long-term plan materially.
Here’s exactly what changed, who it affects, what’s protected, and what it means practically for families at different stages of their Portugal journey.
What Changed and When
Portugal’s Parliament approved amendments to the Nationality Law (Lei da Nacionalidade, Law 37/81) in April 2026. The reform had a long and complicated legislative journey — an initial version was approved in October 2025, vetoed in part by the Constitutional Court in December 2025 for specific provisions it considered unconstitutional, revised by Parliament, and finally approved in final form in April 2026 with presidential signature following.
The law is not yet in force as of May 2026. It enters into force the day after publication in the Diário da República (dre.pt) — which typically follows presidential approval within 30 days. Monitor dre.pt for the publication date if you have a pending application or imminent citizenship timeline.
The Key Changes — Full List
Residency requirements (the headline change)
| Applicant type | Old requirement | New requirement |
|---|---|---|
| Non-EU nationals (UK, US, Australia, Canada, etc.) | 5 years legal residency | 10 years legal residency |
| EU nationals | 5 years legal residency | 7 years legal residency |
| CPLP nationals (Brazil, Angola, Mozambique, etc.) | 5 years legal residency | 7 years legal residency |
| Spouses of Portuguese citizens | 3 years marriage | 3 years marriage (unchanged) |
Children born in Portugal to foreign parents
Under the old law, a child born in Portugal could acquire citizenship if one parent had resided legally for just 1 year. Under the new law, one parent must have resided legally for at least 5 years. This is a significant tightening — families who arrive in Portugal and have a child within the first 4 years will not automatically be able to register that child as Portuguese at birth under the new rules.
New civic knowledge test
The A2 Portuguese language requirement remains. A new additional requirement is added: applicants must demonstrate knowledge of Portuguese culture, history, national symbols (anthem and flag), and fundamental rights and duties. This civic knowledge component is assessed alongside the language test. The format of this assessment is yet to be finalised in implementing regulations — watch for updates from the IRN (Instituto dos Registos e do Notariado).
Stricter criminal record requirements
The disqualifying criminal record threshold tightens. Under the new law, any conviction for a crime carrying a sentence of 2 or more years imprisonment disqualifies a citizenship application — down from a higher threshold under the previous rules. This applies to convictions in Portugal or in any other country.
Third-generation descent extended
One expansion: the right to claim citizenship through Portuguese ancestry is extended to third-generation descendants (great-grandchildren of Portuguese nationals), provided they can demonstrate a genuine connection to the Portuguese community. This is a new route that didn’t exist before — potentially relevant for families with Portuguese heritage going back three generations.
What was struck down by the Constitutional Court
The December 2025 Constitutional Court ruling removed provisions that would have allowed nationality to be revoked as a criminal penalty — the Court found this unconstitutional. It also ruled that pending citizenship applications cannot be automatically reassessed under the new, longer residency timelines. The final law approved in April 2026 does not include the revocation-as-penalty provision.
Who Is Protected: Pending Applications
This is the most important section for families who submitted applications before the new law takes effect.
The Constitutional Court was explicit: applications submitted under the previous 5-year rule cannot automatically be moved to the new 10-year requirement. The principle of legitimate expectations — that people who followed the rules in place when they submitted their application have the right to have it assessed under those rules — protects pending applicants.
What this means in practice: if you submitted a citizenship application before the new law’s publication date in the Diário da República, your application should be processed under the old 5-year rules. The transitional provisions will need to be confirmed in the implementing regulations, but the Constitutional Court’s protection is clear on the principle.
If you have a pending application and are concerned about how the transition applies to your situation, seek legal advice immediately from an immigration lawyer specialising in Portuguese nationality law.
What This Means for Families at Different Stages
Already have a pending citizenship application
You are protected by the Constitutional Court ruling. Your application should be assessed under the 5-year rule. Monitor the implementing regulations for confirmation of transitional provisions. Keep all your documentation in order and ensure your application is complete — this is not the time for any gaps in your file. Consider engaging an immigration lawyer to monitor and chase your application proactively given the policy change environment.
Have completed 5 years of residency but not yet applied
This is the most urgent situation. If you have completed 5 years of legal residency and qualify under the old rules, submit your application as soon as possible — before the new law comes into force. The transitional provisions are designed to protect applications submitted under the old rules, but being on the right side of that line requires submitting before publication in the Diário da República.
Don’t wait. If you qualify now under the 5-year rule, act immediately. The publication date could come any day.
Have been in Portugal for 3–4 years
The picture is less clear. You do not yet qualify under the 5-year rule. Whether you will be able to apply at 5 years or must wait 10 depends on whether the new law’s publication date falls before or after you complete 5 years — and on the specific transitional provisions that are adopted. This requires individual legal advice based on your specific entry date, visa type, and residency documentation.
Planning to move to Portugal in 2026 or later
Plan for 10 years (non-EU) or 7 years (EU) before citizenship eligibility. This is a significant change from the 5-year timeline that attracted many families to Portugal. It doesn’t make Portugal less attractive as a destination — the quality of life, cost arbitrage, and D7/D8 visa accessibility are unchanged. But the citizenship timeline is fundamentally different and your long-term planning needs to reflect that.
For families where an EU passport was a primary motivation for the move, the calculus changes. 10 years is a long-term commitment. For families where the lifestyle, cost, and environment are the primary motivation and citizenship is a bonus — the change matters less.
Have children who were born in Portugal
If your child was born in Portugal and you had already registered them as Portuguese under the old rules, that registration stands. If your child was born before the new law and you haven’t yet applied for their citizenship, seek legal advice urgently — the window to register under the 1-year parental residency rule may still be open depending on the timing of the law’s publication.
Children born after the new law takes effect will require one parent to have 5 years of legal residency for the birth-in-Portugal citizenship route to apply.
Why This Happened: The Political Context
Portugal’s nationality law reform reflects a broader European shift toward longer residency requirements and stricter integration criteria for citizenship. Spain and Italy both require 10 years of residency for non-EU nationals — Portugal’s old 5-year requirement was one of the most accessible in Europe. The reform brings Portugal into alignment with the European mainstream.
The reform was politically driven by the current centre-right government and passed with right-wing parliamentary support. Left-wing parties opposed it. The measure is explicitly framed as prioritising integration — the addition of the civic knowledge test and the tightening of the criminal record threshold reflect this emphasis.
What Hasn’t Changed
- The D7 and D8 visa routes are unchanged — you can still move to Portugal on a passive income or digital nomad visa with the same income thresholds
- The A2 Portuguese language requirement remains (now supplemented by the civic test)
- Citizenship by marriage to a Portuguese national remains at 3 years
- Citizenship by descent (Portuguese parents or grandparents) remains available
- EU freedom of movement rights for those who do obtain citizenship are unchanged
- The quality of life, cost of living, and practical day-to-day benefits of living in Portugal are entirely unchanged
What to Do Now
- If you qualify under the 5-year rule now: apply immediately — don’t wait
- If you have a pending application: ensure it is complete and actively chased; engage a lawyer to monitor it
- If you’re in years 3–4: get individual legal advice on your transitional situation
- If you’re planning a move: recalibrate your citizenship timeline to 10 years (non-EU) or 7 years (EU) and decide whether Portugal still fits your long-term plan — for most families, it does
- Monitor dre.pt for the publication date — this is when the new rules officially take effect
Portuguese nationality law is changing rapidly. This article reflects the situation as understood in May 2026 based on available information. Always verify current requirements with the IRN (irn.gov.pt) and consult a licensed Portuguese immigration lawyer for advice specific to your situation. Nothing here constitutes legal advice.
→ See also: Portuguese Citizenship: The Complete Guide | Portugal’s New Immigration Law 2026 | AIMA Appointment Guide