End of the nationality pathway for parents and ascendants of Portuguese citizens

Author: Lidiane de Carvalho

Following our previous update (article: https://www.fiolegal.com/post/portuguese-nationality-act-amendments-approved-not-yet-in-force-key-changes-and-open-questions), we would like to highlight the following development:

Since 2018, the Portuguese Nationality Act has provided a specific pathway for the naturalisation of foreign nationals who are parents or other ascendants of Portuguese citizens of origin, provided they had been living in Portugal for several years and that the parent-child relationship was established from birth.

This solution acknowledged a clear social reality: many parents and grandparents of Portuguese citizens were already deeply integrated into life in Portugal but remained excluded from the traditional nationality routes.

With Decree of the Assembly of the Republic no. 48/XVII, approved in April 1st, this pathway is removed from the legal framework.

What does this mean?

🔸What existed until now

There was a specific naturalisation route allowing certain ascendants of Portuguese citizens of origin to apply under more flexible residence requirements, with emphasis on family ties and effective integration in Portugal.

This was not an automatic right to nationality, but it recognised that belonging to the national community can also be built through family life with Portuguese children and grandchildren.

🔸What is now proposed

In the version of the law that has been approved (but is not yet in force), the explicit reference to ascendants disappears and is replaced by a different logic, focused on other profiles (such as certain descendants).

As a result, parents and grandparents of Portuguese citizens will, as a rule, need to rely on the general naturalisation pathways, which are longer, more demanding and require broader evidence of a “genuine link to the national community” – or on special regimes that were not designed for this specific family context.

According to the transitional clause in the new decree, nationality applications that are already pending when the law enters into force should still be decided under the previous framework. The real uncertainty lies with families who have not yet applied, but who were already planning their lives in good faith on the basis of this ascendants’ route.

This is another measure that has received limited public attention and fits within the broader trend of the reform: a gradual restriction of access to nationality and a shift towards more demanding, less family-centered criteria.

By Lidiane de Carvalho