Portuguese Nationality Law for Descendants of Portuguese Nationals: What Changed in 2026

Understand how the Portuguese Nationality Law has changed for descendants of Portuguese nationals, including children, grandchildren, and great-grandchildren, and what the current residence and integration requirements are.

By Lidiane de Carvalho

For many years, the Portuguese Nationality Law allowed descendants of Portuguese nationals, even those who had always lived outside Portugal, to apply for nationality based mainly on historical ancestry, without requiring residence in Portugal or command of the Portuguese language.

With the latest amendment to the Portuguese Nationality Law, in force since May 19, 2026, this reality has changed significantly. Today, the focus is on the applicant’s current relationship with Portugal: living here, speaking the language, and being integrated.

This article aims to explain, in practical terms, what has changed and what this means for those who are descendants of Portuguese nationals.

1. The Previous Framework: “Deemed to Be Descendants of Portuguese Nationals”

In the original version of the Nationality Law, enacted in 1981, the Government could grant nationality by naturalization, with a waiver of residence and language requirements, to several groups, including:

“…those deemed to be descendants of Portuguese nationals, members of communities of Portuguese ancestry, and foreign nationals who have rendered or are called upon to render relevant services to the Portuguese State…”

Following successive amendments to the Nationality Law, particularly the Organic Laws of 2018 and 2020 and the most recent republication, Article 6 was substantially rewritten.

The version of this provision that remained in force for approximately 20 years, between 2006 and 2026, provided that:

“The Government may grant naturalization, (...), to individuals who, not being stateless, have held Portuguese nationality, to those deemed to be descendants of Portuguese nationals of origin, to members of communities of Portuguese ancestry, and to foreign nationals who have rendered or are called upon to render relevant services to the Portuguese State or to the national community.”

In simple terms, this meant:

• Broad ancestry: there was no clear limit on the degree of descent. The provision was not limited to children, grandchildren, or great-grandchildren, provided that the person could demonstrate descent from Portuguese nationals.

• Communities of Portuguese ancestry: the law opened a path for communities of Portuguese descent around the world, including in former territories and in the European or American diaspora.

• Waiver of residence and language requirements: it was possible to obtain nationality without living in Portugal and without sufficient knowledge of the Portuguese language.

In practice, this possibility was used in cases involving:

• Descendants of Portuguese nationals in post-colonial contexts, such as grandchildren of Portuguese nationals in former territories who had never resided in Portugal.

• Members of communities that maintained a Portuguese identity, but not necessarily a life project in Portugal.

It was an exceptional and discretionary route, not an automatic right, but it was nevertheless relatively open to descendants.

This framework reflected a logic of “recovering” Portuguese descent and recognizing communities of Portuguese origin, with a strong symbolic and political component, and less concern with the strength of the applicant’s current connection to the State and to the national community.

2. The 2026 Legislative Change: From “Descendants of Portuguese Nationals” to Third-Degree Descendants of Portuguese Nationals of Origin

Today, the expression “deemed to be descendants of Portuguese nationals” no longer appears in the text of the law. Instead, there is a specific framework for a clearly defined group:

“The Government may grant nationality, with a waiver of the requirement set out in subparagraph b) of paragraph 1, to individuals who are descendants in the third degree in the direct line of Portuguese nationals of origin and who have been legally residing in national territory for at least five years.”Article 6(8) of the Portuguese Nationality Law

It is important to note that this legal provision must be read together with paragraph 1 of the same article, which sets out the general requirements for naturalization:

• age, meaning legal adulthood under Portuguese law;

• legal residence;

• knowledge of the Portuguese language and culture, rights and duties, and political organization.

Therefore, the new wording of the provision does not waive these substantive requirements. It only replaces the general residence requirement of 7 or 10 years with legal residence in Portugal for at least 5 years.

In practical terms:

Who is covered?

• Descendants in the third degree in the direct line of Portuguese nationals of origin — typically great-grandchildren.

What are the conditions?

• Legal residence in Portugal for at least 5 years.

• Compliance with the remaining naturalization requirements, including legal adulthood, knowledge of the language, absence of serious criminal convictions, not posing a security risk, sufficient means of subsistence, and any other legally applicable requirements.

3. Implied Repeal: What Happened to the Former Route Based on Historical Descent?

The legislator did not include a separate provision stating that “paragraph 6 concerning those deemed to be descendants of Portuguese nationals is hereby repealed.” Instead, the legislator:

• republished the entire Nationality Law with a new wording of Article 6, in which there is no longer any reference to “those deemed to be descendants of Portuguese nationals” or to “members of communities of Portuguese ancestry.”

When a law is republished in this manner and certain segments disappear from the legal text, this may be understood as an implied repeal: there is no longer a legal basis for new applications grounded on that broad route, and the matter is now governed by the new rules, namely those applicable to grandchildren, great-grandchildren, and naturalization based on residence.

In practice, this means that:

• it is no longer possible to “apply for the acquisition of Portuguese nationality as a descendant of Portuguese nationals” based only on remote ancestry, without a residence project and without current integration;

• legal strategies must now focus on:

  • nationality of origin for children of Portuguese nationals;

  • nationality of origin for grandchildren of Portuguese nationals of origin, with proof of an effective connection;

  • special naturalization for great-grandchildren, provided that they have already been legally residing in Portugal for 5 years.

Accordingly, the broad route based on historical descent has disappeared. It is no longer possible to support naturalization applications solely on the basis of being “deemed to be a descendant of Portuguese nationals,” of having previously held Portuguese nationality, or of belonging to a community of Portuguese ancestry, without evidence of integration into the national community.

The evolution of Article 6 of the Nationality Law reflects a shift from a naturalization model strongly oriented toward historical descent and symbolic belonging — “those deemed to be descendants of Portuguese nationals” and members of communities of Portuguese ancestry — to a model centered on effective integration and legal residence in Portugal.

4. What This Means for You as a Descendant of Portuguese Nationals

This development has practical implications for civil registry practice, particularly for communities of Portuguese descent abroad.

If you have Portuguese ancestry and are considering applying for nationality, the analysis today usually involves three questions:

Are you the child of a Portuguese national?

If so, you may be eligible for attribution of nationality of origin, even if you were born abroad, depending on how filiation and registration were established.

Are you the grandchild of a Portuguese national of origin?

In many cases, you may apply for nationality of origin as a grandchild, provided that you prove:

• the line of filiation: Portuguese grandfather/grandmother → parent → applicant;

• “ties of effective connection” to the national community, including language, contacts with Portugal, and other relevant elements.

Are you the great-grandchild of a Portuguese national of origin and already living in Portugal?

You may fall within the naturalization route under Article 6(8), provided that you meet the following requirements:

• legal residence in Portugal for at least 5 years;

• compliance with the remaining integration requirements.

If your connection is more distant, for example in the case of great-great-grandchildren of Portuguese nationals or members of historically Portuguese communities without residence in Portugal, the legislative amendment makes it much more difficult to identify a direct path to Portuguese nationality today, except under very specific transitional regimes.

Important: Filiation Must Be Legally Established in Every Generation

For all descendants, whether through the route available to children, grandchildren, or great-grandchildren, it is necessary to verify whether filiation is legally established throughout the entire line of ancestry.

This means that it is not enough to “have a Portuguese grandparent.” It is necessary to prove, in each generation, that filiation was established in accordance with the legal requirements in force at the time of the relevant facts, so that descent can be legally recognized all the way to the applicant.

Dependence on the Revision of the Regulation of the Nationality Law

It is also important to bear in mind that several of the amendments introduced to the Nationality Law depend, for their full application, on the revision of the respective regulation, which is currently being adapted.

Until the regulation and administrative practices are fully updated, some inconsistency in the concrete application of certain provisions is to be expected.

This article is for informational purposes only and does not constitute, nor may it be interpreted as, legal advice or a legal opinion. Each specific case must be analyzed in light of its particular facts and the legislation applicable at the relevant time.

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