Portuguese Nationality Law: 2026 Amendments

Portuguese Nationality Law: Overview of the 2026 Amendments

Key changes at a glance (2026 amendments):

• Children born in Portugal: parents need 5 years legal residence 
• Marriage / de facto union: new “effective ties” criteria (language, culture, security)
• Naturalization requirements are stricter with longer periods of residency
• Great-grandchildren of Portuguese citizens can naturalise after 5 years legal residence
• Sephardic Jewish descendants pathway removed
• Opposition period extended to 2 years

Although this law is enacted by Portugal, it directly affects Macau residents with Portuguese heritage or family ties. Below we summarise the 2026 amendments.

The President of the Republic has promulgated the amendments to the Portuguese Nationality Law, published in the Official Gazette as Organic Law N.º 1/2026 of 18 May. This law amends Law N.º 37/81 of 3 October (herein referred to as the “Nationality Law”) and entered into force on 19 May 2026.

The purpose of this Newsletter is to give the reader an overview of the most significant legislative changes.

Chapter 1 – General Provisions

The new law amends several provisions of Law No. 37/81 of 3 October, with a strong impact on the attribution and acquisition rules of Portuguese nationality. The main amendments include:

• Stricter requirements for acquisition and naturalisation;
• New rules on opposition proceedings, judicial remedies, filiation, and registration procedures.

Overall, this constitutes one of the most significant revisions of Portuguese Nationality Law in recent decades.

Chapter 2 – Attribution of Nationality of Origin: 5-year legal residence required

Under the amended law, children born in Portuguese territory to foreign parents, who are not serving their State in Portugal, are given Portuguese nationality of origin by declaration, provided that at the time of birth at least one parent had been legally residing in Portugal for a minimum of five years.

The amendment introduces two significant changes. First, the required residence period extends from one to five years. Second, residence must now be legal, i.e., based on a valid permit, visa, or other authorisation under Portuguese immigration law, whereas previously irregular residence sufficed. Consequently, children of parents without legal status in Portugal are excluded from being given nationality of origin, unless they qualify on other grounds (e.g., statelessness).

Chapter 3 – Acquisition of Nationality through Marriage and De Facto Union: 3-year term & “effective ties” test

Under the amended law, a foreign national married to or in a de facto union with a Portuguese citizen for more than three years may acquire Portuguese nationality by declaration made during the marriage or, in the case of a de facto union, following a judicial decision recognising that union, provided that the following requirements are fulfilled:

1. No conviction by a final judicial decision of an effective prison sentence exceeding three years for crimes of terrorism, violent and especially violent crime, highly organised crime, crimes against state security, or aiding illegal immigration;
2. No danger or threat to national security or defence, particularly through involvement in activities related to terrorism, violent, especially violent, or highly organised crime; and
3. No restrictive measures adopted by the United Nations (“UN”) or the European Union (“EU”) for the purposes of Law No. 97/2017 of 23 August.

Nevertheless, opposition grounded on a lack of effective ties to the national community remains possible. The assessment of effective ties, when required, is based on the following material parameters:

1. sufficient knowledge of the Portuguese language and culture, history, and national symbols;
2. sufficient knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organisation of the Portuguese State;
3. solemn declaration of adherence to the fundamental principles of the democratic rule of law;
4. possessing the capacity to ensure one’s own subsistence.

The practical application of these criteria has not yet been properly detailed by Government regulation.

Additionally, it must be borne in mind that an opposition based on the absence of effective ties to the national community does not apply in two circumstances: where the marriage or de facto union has lasted more than six years, or where the couple has common children holding Portuguese nationality. Nonetheless, even in such cases, opposition remains permissible on grounds relating to the material parameters set out in the law, namely, serious criminal convictions, threats to national security or defence, or the imposition of restrictive measures by the UN or EU.

Chapter 4 – Naturalisation of Minors Born in Portuguese Territory

The Government may grant nationality to minors born in Portuguese territory to foreign parents, provided that at the time of the application the following cumulative requirements are met:

1. one of the parents has legally resided in Portuguese territory for at least five years;
2. the minor is enrolled in and regularly attending compulsory education, where applicable;
3. if the minor has reached the age of criminal responsibility (16 years), they must comply with additional demands, such as adherence to democratic principles, no qualifying criminal convictions, no threat to national security, and no restrictive measures.

Chapter 5 – Naturalisation of Descendants of Portuguese Nationals of Origin (great-grandchildren)

The Government may grant nationality to individuals who are descendants in the third degree in the direct line of original Portuguese citizens (i.e., great-grandchildren) and who have legally resided in Portuguese territory for at least five years.

This provision extends the facilitated regime to great-grandchildren of Portuguese citizens. While the general residence requirement (seven or ten years) is waived, the applicant must still demonstrate five years of legal residence in Portugal. All other naturalisation requirements (language, knowledge of rights and duties, security checks, etc.) continue to apply.

Chapter 6 – Presumption of Language Proficiency for CPLP Nationals

Nationals of countries where Portuguese is an official language (CPLP – Community of Portuguese Speaking Countries) are presumed to satisfy the language proficiency requirements. However, this presumption shall not apply if the applicant’s lack of proficiency is manifestly evident to the competent authorities.

The presumption does not exempt applicants from demonstrating knowledge of Portuguese culture, history, national symbols, or the political organisation of the Portuguese State.

Chapter 7 – Opposition Proceedings (extended to 2 years)

The Public Prosecutor’s Office may lodge opposition to the acquisition of Portuguese nationality within two years from the date of registration of the acquisition. The extension from one to two years gives the Public Prosecutor’s Office more time to investigate potential grounds for opposition, such as the absence of effective ties to the national community, criminal convictions, or security concerns.

Chapter 8 – Consolidation of Nationality

The good-faith possession of original or acquired Portuguese nationality for a minimum of ten years gives rise to consolidation of nationality, notwithstanding that the act from which the attribution or acquisition derives may be subject to a declaration of nullity. The special 18-month consolidation period previously afforded to minors has been revoked.

Consolidation does not apply where nationality was obtained fraudulently.

Chapter 9 – Residence Periods under EU and CPLP Frameworks

The general rules on legal residence do not prejudice special regimes arising from Treaties or International Agreements binding on the Portuguese State, particularly within the framework of the EU and the CPLP.

For the purpose of counting legal residence periods, the sum of all periods of legal residence in Portuguese territory is taken into account, whether consecutive or not, provided that such periods occurred within a maximum interval of:

1. 6 years for stateless applicants;
2. 9 years for nationals of Portuguese-speaking countries and EU Member States;
3. 12 years for nationals of other countries.

Chapter 10 – Declarations Before Diplomatic or Consular Agents

Under the amended law, declarations of nationality made before Portuguese diplomatic or consular agents must be delivered in person by the applicant.

The requirement of physical presence may be waived only in cases of duly proven prolonged or permanent physical impossibility, provided that the dispatch of a diplomatic or consular agent to collect the declaration is not feasible.

Chapter 11 – Removal of the Possibility of Naturalisation of Descendants of Sephardic Jews

The provision relating to the naturalisation of descendants of Sephardic Jews (paragraph 7 of Article 6 of Law 37/81, as amended) was revoked.

Chapter 12 – Temporal Application and Entry into Force

The amendments apply to administrative procedures initiated after the date of entry into force of the law. Pending procedures (i.e., those already initiated before the new law takes effect) continue to be governed by the previous version of the Nationality Law.