The recent amendment to the Portuguese Nationality Act introduces significant changes for foreign nationals seeking Portuguese citizenship in the future. These changes are particularly relevant for non-EU residents and investors under the Golden Visa scheme, especially regarding the minimum residency periods required for nationality applications.
Residency periods for citizenship are set to increase
Until now, the general rule allowed for nationality applications after five years of legal residency in Portugal. Under the new framework, minimum periods will vary according to the applicant’s nationality:
- 7 years for citizens of EU Member States and Portuguese-speaking countries; and
- 10 years for citizens of all other countries.
Another particularly relevant change concerns how this period is calculated. The residency period will no longer be counted from the date the residency application was submitted; instead, it will only begin from the issuance of the first residence permit. In practice, this change could significantly prolong the time required to obtain Portuguese nationality.
What about ongoing processes?
One of the most debated aspects of this legislative review is the lack of a protection mechanism for pending residency applications. To date, no transitional regime has been provided for residency processes currently being processed. This means many applicants may become subject to the new rules, even if they started their process before the law came into force. However, nationality applications that have already been formally submitted should remain covered by the previous regime.
What should be analysed now?
In light of these changes, it is particularly important to analyse each situation individually. The current stage of the process, the date of issuance of the first residence permit, and whether a nationality application has already been submitted may significantly influence the applicable legal framework. In a context of legislative transition, the timely definition of an appropriate legal and migratory strategy may prove decisive.
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