Does Portugal's 2026 nationality law change apply to citizenship applications already submitted?
Checked on
No. Lei Orgânica 1/2026 entered into force on 19 May 2026 and says applications already pending on that day are decided under the previous Nationality Law. For new applications, legal residence rose from five years to seven (CPLP and EU nationals) or ten years (others), and the time spent waiting for a first residence permit no longer counts.
Key facts
| What | The law says | Source |
|---|---|---|
| In force from | 19 May 2026 (the day after publication on 18 May 2026) | Lei Orgânica 1/2026, art. 8 |
| Applications pending on that day | Decided under the Nationality Law as worded before Lei Orgânica 1/2026 | Lei Orgânica 1/2026, art. 7.2 |
| Residence required, before | At least 5 years of legal residence | Lei 37/81, art. 6.1(b), wording of Lei Orgânica 1/2024 |
| Residence required, now | At least 7 years (CPLP and EU nationals) or 10 years (others) | Lei 37/81, art. 6.1(b), wording of Lei Orgânica 1/2026 |
| Window for adding up periods, before | 15 years | Lei 37/81, art. 15.3, wording of Lei Orgânica 1/2024 |
| Window for adding up periods, now | 6, 9 or 12 years (stateless, CPLP/EU, others) | Lei 37/81, art. 15.3 |
| Time waiting for a first permit | Before: counted from the temporary residence permit request, if granted. Now: that rule (art. 15.4) is revoked | Lei 37/81, art. 15.4 (old wording); Lei Orgânica 1/2026, art. 5 |
| Implementing rules | The Government must amend the Nationality Regulation within 90 days of publication | Lei Orgânica 1/2026, art. 4 |
Pending applications keep the old rules
Lei Orgânica 1/2026 says it takes effect on its entry into force, except that “administrative procedures pending” on that date are governed by the Nationality Law in its wording before the amendment. The law entered into force on the day after its publication, so the cut-off is 19 May 2026. The Ministry of Justice’s nationality page repeats that date.
What changed for new applications
Comparing art. 6 and art. 15 before and after the amendment:
- Years of residence. Before: at least five years of legal residence. Now: seven years for nationals of Portuguese-speaking countries and EU citizens, ten years for everyone else.
- Counting window. Before: residence periods were added up if they fell within 15 years. Now: within 9 years (CPLP/EU), 12 years (others) or 6 years (stateless).
- Waiting time for a first permit. Before: art. 15.4 counted the time from the request for a temporary residence permit, provided the permit was granted. Lei Orgânica 1/2026 revoked art. 15.4.
- Knowledge and integration. Before: sufficient knowledge of the Portuguese language. Now: proof by test or certificate of Portuguese language and culture, history and national symbols; knowledge of the rights and duties of citizenship and of the political organisation of the State; a solemn declaration of adherence to the democratic rule of law; and the capacity to support yourself.
- Criminal record. Before: no final conviction to a prison sentence of three years or more for a crime punishable under Portuguese law. Now: no final conviction to an effective prison sentence of more than three years for a listed category of crimes (terrorism, violent, especially violent or highly organised crime, crimes against State security, aiding illegal immigration), plus new conditions on security and UN or EU sanctions.
Rules still to come
Lei Orgânica 1/2026 requires the Government to amend the Nationality Regulation (Decreto-Lei 237-A/2006) within 90 days of 18 May 2026. The Ministry of Justice’s page says some changes depend on that complementary regulation.
Related questions
- Spouses and partners: art. 3 still allows a declaration after more than three years of marriage or legally recognised partnership.
Sources
- Lei Orgânica n.º 1/2026, de 18 de maio, arts. 2, 4, 5, 7 and 8 (Diário da República, 1.ª série, n.º 95; copy hosted by the Regional Government of Madeira) checked 2026-10-25
- Lei n.º 37/81, de 3 de outubro (Lei da Nacionalidade), arts. 6 and 15 (consolidated text as amended up to Lei Orgânica n.º 1/2026, PGDL Lisboa) checked 2026-10-25
- Lei n.º 37/81, art. 6 in the wording of Lei Orgânica n.º 1/2024 (previous version, PGDL Lisboa) checked 2026-10-25
- Lei n.º 37/81, art. 15 in the wording of Lei Orgânica n.º 1/2024 (previous version, PGDL Lisboa) checked 2026-10-25
- Justiça.gov.pt (IRN): Submeter pedido de nacionalidade, notice on Lei Orgânica n.º 1/2026 checked 2026-10-25
Change history
- : Page created
This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.