Portuguese Nationality and Requirements: can the residence period for naturalisation be extended?

Introduction

Since 2014, Portugal has consistently ranked among the countries with the most progressive migrant integration policies. According to the Migrant Integration Policy Index (MIPEX 2020), Portugal holds sixth position globally in terms of facilitating access to nationality as a tool for promoting integration.

A key avenue for acquiring Portuguese nationality is naturalisation by period of residence, which is currently available to foreign nationals who have resided lawfully in Portugal for at least five years and who demonstrate basic proficiency in Portuguese (equivalent to CEFR level A2).

However, during the 2025 general election campaign, the party leading the caretaker Government announced its intention to propose an extension of the minimum residence period required for naturalisation. As this political force subsequently secured the highest number of votes in the May 2025 elections, concerns have been raised regarding the legality of such a change and its potential impact on individuals currently residing in Portugal or preparing nationality applications.

In this blogpost, we provide a clear and legally grounded overview of the current nationality framework, the legislative procedures for amending the Nationality Law, and the legal feasibility and limitations of any proposal to increase the residence period required for naturalisation.

Legal Framework: Portuguese Nationality Law

Pursuant to Article 4 of the Portuguese Constitution, “Portuguese citizens are those who are considered such by law or by international convention”. The deprivation of nationality, and any restriction on civil capacity, may only be imposed in accordance with the law and not on political grounds (Article 26(4)).

The acquisition and loss of Portuguese nationality are governed by Law No. 37/81 of 3rd October, commonly known as the Nationality Act. This legislation has undergone several amendments – the most recent in March 2024 – reflecting Portugal’s evolving political, demographic, and legal landscape as a country of immigration.

Portuguese nationality may be acquired either:

• by attribution (the individual will be considered Portuguese from the moment of birth for legal purposes, referred to as original nationality); or

• by acquisition (the individual will be considered Portuguese only from the date of registration declaring the granting of Portuguese citizenship, referred to as derived nationality).

Acquisition is subdivided into several forms, including naturalisation, which is widely used by foreign citizens residing in Portugal.

Naturalisation by residence: current legal criteria

Under Article 6(1) of the Nationality Act, a foreign national may apply for Portuguese nationality by naturalisation if they meet the following cumulative requirements:

• They are of legal age or emancipated under Portuguese law;

• They have resided legally in Portugal for at least five years;

• They possess sufficient knowledge of the Portuguese language (A2 level);

• They have not been convicted of an offence punishable under Portuguese law by a custodial sentence of three years or more;

• They do not pose a threat to national security or public order.

The five-year minimum residence period was introduced in a 2018 legislative reform, which reduced the previous requirement of six years. That amendment also made it possible to aggregate non-consecutive periods of lawful residence, provided that the total of five years occurred within a maximum period of 15 years (Article 15(3)).

Further, a 2024 amendment now permits the inclusion of time spent in Portugal from the date of application for a temporary residence permit, provided the permit is ultimately granted (Article 15(4)).

Naturalisation is granted by decision of the Minister of Justice, upon request of the applicant. Moreover, possession of Portuguese nationality (whether original or acquired) in good faith for ten or more years results in its consolidation, thereby preventing loss or revocation on procedural grounds.

This legal framework aligns with international best practices and is widely recognised as fostering meaningful integration. It is also one of the factors contributing to Portugal’s high MIPEX ranking.

Is it legally possible to increase the residence requirement for naturalisation?

During the 2025 election campaign, the governing party expressed an intention to tighten naturalisation criteria, including extending the minimum residence period. The stated aim was to strengthen the effective connection between applicants and the national community.

This proposal triggered concern among the foreign national community, particularly those who are lawfully resident and preparing naturalisation applications. A public petition was submitted to the Portuguese Parliament requesting the protection of acquired rights.

Legal and Political Context

As of the time of writing, no new Government has formally taken office. Under the Portuguese Constitution, the President of the Republic appoints the Prime Minister following consultation with parliamentary parties and in light of the election results. Once appointed, the Prime Minister forms the government and proposes ministers for presidential approval. Only after formation does the Government acquire legislative and executive powers.

Limits to Legislative Power in Nationality Matters

While the State enjoys sovereignty in determining the conditions for the acquisition of nationality, this power is not unfettered. It must be exercised in accordance with European Union law and international obligations, including those arising from the Council of Europe.

The Court of Justice of the European Union (CJEU), in Commission v Malta, held that although nationality is a matter of national competence, it must be exercised consistently with EU law. The Court rejected the notion of “commercialisation of citizenship” – i.e., granting nationality without genuine links to the State – as incompatible with the principles of Union citizenship.

In the broader international context, the 1997 European Convention on Nationality, to which Portugal is a party, provides in Article 6(3) that any State party which permits naturalisation shall set a maximum residence requirement of no more than ten years of lawful residence immediately preceding the application.

Thus, any attempt to raise the Portuguese naturalisation threshold beyond ten years would breach binding international obligations.

Legislative Process for Amending the Nationality Act

According to Article 164(f) of the Portuguese Constitution, matters relating to the acquisition and loss of nationality fall within the exclusive legislative competence of the Assembleia da República (Parliament). The Government cannot legislate on such matters by decree-law.

Instead, the Government may present a legislative proposal (proposta de lei) to Parliament under Article 167, which then follows a structured legislative procedure:

• Admittance by the President of Parliament;

• Legal opinion by the relevant parliamentary committee;

• Debate and general vote in Plenary;

• Article-by-article debate and vote (speciality stage), also in Plenary;

• Final global vote, requiring an absolute majority of MPs in office (Article 168(5));

• Promulgation by the President of the Republic;

• Countersignature by the Prime Minister;

• Publication in the Diário da República (Official Journal), where it takes effect as law.

As naturalisation relates to the acquisition of nationality, any amendment to these provisions must take the form of a lei orgânica (organic law), as required by Article 166(2) of the Constitution.

Final remarks

Legally, it is possible to amend the minimum residence requirement for naturalisation, provided that the correct legislative process is followed, and the resulting rule does not exceed the 10-year ceiling established under the European Convention on Nationality.

It is also expected that any change to the law would apply prospectively only, meaning it would affect applications submitted after the law’s entry into force, and not retroactively.

At FiO Legal, our Relocation and Human Rights Departments assist our clients throughout the nationality application process — whether by attribution or acquisition — ensuring that their fundamental rights are protected and that all legal requirements are met with clarity and precision.

While the grant of nationality is a sovereign act of the State, it is not beyond legal scrutiny. We remain fully engaged in monitoring legislative developments and stand ready to support our clients through any legal or political transitions.

By Emellin de Oliveira & Lidiane de Carvalho

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