Changes to Portuguese Nationality Law in 2026:
- 6 days ago
- 11 min read
What changes for grandchildren, great-grandchildren, children born in Portugal, spouses and immigrants.
📋 In force since 19 May 2026 — quick summary • Applications submitted BEFORE 19/05/2026: governed by the previous rules • New applications: subject to the new, stricter rules in all respects • Culture and history tests: mandatory, but still WITHOUT official regulations • AIMA waiting time: does NOT count toward the residency requirement • Ascendant of a Portuguese national: route eliminated — no transitional period • Sephardic Jewish regime: eliminated — only valid for cases already filed at the registry |
Portugal has approved one of the most significant amendments to the Portuguese Nationality Law in decades. Organic Law No. 1/2026, of 18 May, entered into force on 19 May 2026, profoundly amending Law No. 37/81, of 3 October.
The changes directly affect grandchildren and great-grandchildren of Portuguese nationals, children of foreigners born in Portugal, spouses of Portuguese nationals, foreigners seeking naturalisation, and descendants of Sephardic Jews. In this article, I explain, clearly and with up-to-date information, what changed in Portuguese nationality law in 2026 and the practical impact for Brazilians and other foreigners seeking Portuguese citizenship.
1. When did the new Portuguese nationality law take effect?
The new law entered into force on 19 May 2026.
• Applications filed BEFORE 19/05/2026 continue to be governed by the previous law
• Applications submitted AFTER that date must follow the new, stricter rules
2. What changed for grandchildren of Portuguese nationals?
Portuguese nationality for grandchildren continues to exist. However, the process has become significantly more demanding.
What was required before
• Proof of family connection to an original Portuguese national
• Sufficient knowledge of the Portuguese language
• Declaration of effective ties to the Portuguese community
What is now required (Art. 1, para. d) + Art. 6, paras. c) to h))
• Proof of family connection — unchanged
• Sufficient knowledge of the Portuguese language — unchanged
• Test on Portuguese culture — NEW
• Test on the history of Portugal — NEW
• Test on national symbols and political organisation — NEW
• Solemn declaration of commitment to the democratic rule of law — NEW
• No serious criminal convictions — NEW express requirement
• No restrictive measures imposed by the UN or European Union — NEW
In practice, the process for grandchildren has become more complex and time-consuming. Those who have not yet filed should plan ahead and wait for the test regulations before proceeding.
3. The mandatory tests — the biggest practical problem of 2026
One of the most significant changes in the new law is the introduction of mandatory civic and cultural integration tests. These tests are now required for grandchildren, great-grandchildren and naturalisation applicants.
What the test covers
• Portuguese culture
• History of Portugal
• National symbols
• Political organisation of the Portuguese State
• Fundamental rights and duties of citizens
🚨 Problem: the tests have NOT yet been regulated The Government has 90 days (from 18/05/2026) to publish the regulations. Currently unknown: • Exact content and pass criteria • Where tests will be held — in Portugal and/or at consulates abroad • Whether preparatory courses or certificate equivalences will be accepted This is already creating real problems: • Temporary blocking of new applications • Risk of rejection if a case is submitted without the tests • Possible expiry of supporting documents while waiting for regulations • Widespread legal uncertainty — cases on hold Recommendation: do not submit applications that depend on tests until regulations are published. |
4. Can great-grandchildren of Portuguese nationals now apply for nationality?
Yes. The new law created a specific route for great-grandchildren of Portuguese nationals (Art. 6, para. 8). Previously there was no legal route for great-grandchildren. However, there is one extremely important detail that must be understood before making any decision.
What this route IS — and what it is NOT ✅ It is derived naturalisation (Art. 6, para. 8) — not original nationality ❌ NOT original nationality attribution (as children and grandchildren receive) ❌ Does NOT pass to the applicant's children as original nationality ❌ CANNOT be applied for from Brazil or any other country ❌ Does NOT waive the residency requirement — actual relocation to Portugal is required |
Cumulative requirements for great-grandchildren (Art. 6, para. 8)
• Be a direct-line great-grandchild of an original Portuguese national
• Hold legal residency in Portugal for at least 5 years
• Pass the mandatory tests (regulations still pending)
• No serious criminal convictions and no UN/EU restrictive measures
• Ability to support oneself financially
📌 What the great-grandchild will need to do in practice 1. Plan migration to Portugal and obtain a legal residence permit 2. Build up 5 years of valid legal residency 3. Sit and pass the mandatory tests 4. Submit a naturalisation application to the Ministry of Justice Summary: Children and grandchildren → original attribution (transmissible to their children). Great-grandchildren → derived naturalisation (not transmissible as original; requires 5 years in Portugal). |
5. Naturalisation by residency has become much harder
Another extremely significant change is the substantial increase in the minimum legal residency period required for naturalisation.
Profile | Previous requirement | Current requirement |
CPLP countries (Brazil, Angola, Cape Verde, etc.) and EU Member States | 5 years | 7 years |
All other countries | 5 years | 10 years |
Stateless persons (no nationality) | 5 years (general) | 4 years — free process |
In addition to the new residency periods, naturalisation now also requires: passing the mandatory culture and history tests; a solemn declaration of commitment to the rule of law; proof of financial self-sufficiency; and no serious criminal convictions or international restrictive measures.
6. Does the AIMA ("Manifestação de Interesse") waiting time count towards nationality?
No. The new legislation has finally settled what was previously a matter of legal debate: the administrative waiting period at AIMA (formerly SEF), including the 'expression of interest' period, does not count as legal residency and does not contribute to the residency period.
⚠️ What the new law clarifies about AIMA waiting time BEFORE: there was legal debate about whether the period during which an immigrant was awaiting a response from AIMA with a pending application could be counted. THE LAW NOW MAKES CLEAR: • The residency period starts only from the date the residence permit is actually issued • The AIMA waiting period does NOT count toward the residency requirement This directly affects thousands of people who used the 'expression of interest' process and waited years for regularisation. That waiting time counts for nothing. This issue is likely to generate significant judicial litigation in the coming years. |
7. Children of foreigners born in Portugal: what changed?
This is one of the changes with the greatest practical impact. The rule in Article 1, para. f) has been profoundly amended.
How it worked before — two alternatives
A child could obtain original nationality if ONE of these alternative conditions was met:
• One parent held a valid residence permit — with no minimum time requirement; OR
• One parent had been in Portugal for at least 1 year — even without a legal title (irregular residency counted)
How it works now — one single, stricter condition
• At least one parent must hold 5 years of valid legal residency at the time of the child's birth
⚠️ What if the parents do not yet have 5 years of legal residency? The child does NOT obtain nationality as original attribution at birth. The child may apply for nationality LATER, once one parent completes 5 years of legal residency. However: this will be treated as ACQUISITION of nationality, not as original attribution. This changes the criteria, procedures and legal effects of the nationality. |
8. Has Portuguese nationality by marriage changed?
The 3-year period for marriage or de facto union remains unchanged. However, new grounds for opposition and new conditions have been added.
• New condition: no serious criminal convictions, no threat to national security, and no international sanctions (UN/EU) — Art. 3, para. 4
• Reinforced protection: marriages lasting more than 6 years, or where there are common children with Portuguese nationality, face very limited grounds for opposition — except on security grounds (Art. 9, para. 2)
• De facto union (civil partnership): the 3-year period is maintained, but now requires a court ruling of recognition from a Portuguese court
9. Adoption — nationality is no longer automatic
This change directly affects families who have adopted or are planning to adopt. Acquisition of nationality by those adopted by a Portuguese national is no longer automatic and now requires an express declaration of intent (Art. 5).
Those adopted before the new law came into force may still make this declaration. Those adopted from 19/05/2026 onwards must make it expressly — nationality does not arise automatically from the adoption.
10. Elimination of the nationality route for ascendants of original Portuguese nationals
One of the most controversial and far-reaching changes in the new law is the complete elimination of the naturalisation route for ascendants of original Portuguese nationals.
What the previous law allowed
Article 6, para. 8 (in its previous wording) allowed parents, mothers and grandparents of original Portuguese nationals to apply for Portuguese nationality by naturalisation, provided that:
• They had resided in Portugal for at least 5 years
• Even without a formal residence permit (residency regardless of legal title counted)
• The parentage was established at the time of the Portuguese national's birth
What changed in 2026
With Organic Law No. 1/2026, this possibility was completely eliminated. Article 6, para. 8 was reworded and now deals exclusively with great-grandchildren of original Portuguese nationals. Ascendants no longer have any dedicated naturalisation route.
⚠️ Was there a transitional period? NO. This is one of the most controversial aspects of the new law. The legislator created no transitional protection rule for ascendants who already met the requirements under the previous law. In practice: many parents and grandparents of original Portuguese nationals suddenly found themselves without any legal route to apply for Portuguese nationality. Anyone who did not file before 19/05/2026 has permanently lost this right. Anyone who had already filed before that date: continues to be protected by the previous law. |
Could this lead to court challenges?
Very likely, yes. Several legal scholars have raised possible issues of legitimate expectation, proportionality, equality and legal certainty — particularly for people who had been residing in Portugal for years and were preparing to file their application. This issue is expected to generate significant administrative and constitutional litigation in the coming years.
11. The Sephardic Jewish regime has been eliminated
Portuguese nationality for descendants of Portuguese Sephardic Jews was entirely eliminated by the new law.
• Those who already hold Portuguese nationality through this route retain their rights
• New applications are no longer accepted after 19/05/2026
• Cases ALREADY OFFICIALLY FILED at the registry before 19/05/2026: remain valid
• Those who had only begun genealogical research with Israeli communities did NOT secure the right — it has been permanently lost
⚠️ Important: filing at the registry ≠ genealogical research To be protected by the transitional rule, the case had to be OFFICIALLY FILED AT THE REGISTRY before 19/05/2026. Having prepared documents, contacted Israeli communities, or begun genealogical studies is NOT sufficient. |
12. Overview — comparison before and after
Topic | Before | Now |
Naturalisation — CPLP and EU | 5 years residency | 7 years legal residency |
Naturalisation — other countries | 5 years residency | 10 years legal residency |
AIMA waiting time counts? | Under debate | NO — only from permit issue date |
Culture and history tests | Did not exist | Mandatory (regulations pending) |
Children of foreigners born in Portugal | 1 year (even irregular) OR valid permit with no minimum | 5 years of legal residency required |
Grandchildren of Portuguese nationals | Family connection + language | Family connection + language + tests |
Great-grandchildren of Portuguese nationals | No route available | Derived naturalisation (5 years in Portugal + tests) |
Ascendants of original Portuguese nationals | Naturalisation with 5 years (even irregular) | Eliminated — no transition |
Sephardic Jewish regime | Route open | Eliminated (except already-filed cases) |
Adoption by a Portuguese national | Automatic nationality | Requires express declaration |
Marriage / de facto union | 3 years + limited grounds for opposition | 3 years + new grounds for opposition |
13. Is it worth applying for Portuguese nationality now?
It depends on the specific case. Some situations have become more complex and require a personalised legal strategy. In many cases it will be essential to:
• Analyse whether any rights were acquired under the previous rules
• Determine whether the application can or should be filed before the test regulations are published
• Assess the impact of the new residency period and the non-counting of AIMA waiting time
• Organise supporting documentation correctly to avoid rejection
⚖️ How a specialist lawyer can help Under the new law, applications have become significantly more demanding and technical. Simple mistakes can lead to: delays, additional requirements, rejections, loss of rights or the need for court proceedings. Legal advice has become even more important for: • Portuguese nationality for grandchildren | • Portuguese citizenship for Brazilians • Portuguese naturalisation | • Nationality for children born in Portugal • Great-grandchildren applications | • Immigration regularisation in Portugal • Marriage to a Portuguese national | • Ascendants of Portuguese nationals |
Frequently Asked Questions about the New Portuguese Nationality Law
What is the difference between attribution and naturalisation of Portuguese nationality?
Attribution is original nationality — the child is born Portuguese without needing to apply. Children and grandchildren of Portuguese nationals obtain nationality by attribution, which can be passed on to their own children as original nationality. Naturalisation is the process by which a foreigner acquires Portuguese nationality by meeting legal requirements. This applies to great-grandchildren, residence-based applicants and spouses. Nationality obtained by naturalisation has different legal effects and is not automatically transmitted to children as original nationality.
Can a Brazilian hold dual citizenship with Portugal?
Yes. Both Brazil and Portugal allow dual nationality. A Brazilian who obtains Portuguese nationality does not need to renounce Brazilian nationality — and vice versa. This applies to both nationality by attribution (grandchildren, children) and by naturalisation (residency, marriage, great-grandchildren).
I have 5 years of legal residency. Can I already apply for naturalisation?
It depends on your nationality. CPLP citizens (including Brazilians) and EU nationals now need 7 years; all other countries require 10 years. Also note: the AIMA waiting time does not count — only the period during which an actual residence permit was in force. The mandatory tests, which have not yet been regulated, are also required.
The Sephardic regime has ended. What now?
Yes, it was entirely eliminated for new applications. Those who already had cases officially filed at the registry before 19/05/2026 are protected. Those who had genealogical research under way have permanently lost the right. Other routes may exist depending on the individual case — consult a lawyer.
When will the Portuguese culture and history tests be available?
The legal deadline is 90 days from 18/05/2026. Until regulations are published, there is a real risk of applications being blocked, rejections, and documents expiring while waiting. We recommend consulting a lawyer before submitting any application that depends on the tests.
I am a great-grandchild of a Portuguese national. Can I apply from Brazil?
No. The great-grandchildren route requires legal residency in Portugal for at least 5 years. You must actually relocate to Portugal, obtain a legal residence permit, accumulate 5 years of legal residency and pass the mandatory tests before submitting an application.
My child was born in Portugal but I did not yet have 5 years of legal residency. What can I do?
The child does not obtain nationality as original attribution now. However, the child may apply once one parent completes 5 years of legal residency. In that case, the process will be treated as acquisition of nationality — with different criteria and procedures from original attribution. Consult a lawyer to plan correctly.
Official sources and legal notice
• Organic Law No. 1/2026, of 18 May (Diário da República, 1st series, No. 95)
• Portuguese Nationality Law — Law No. 37/81, of 3 October (previous wording)
• Organic Law No. 2/2006, of 17 April (intermediate version of the law)
• Portuguese Ministry of Justice — press release of 19 May 2026
• Institute of Registries and Notaries (IRN) — irn.justica.gov.pt
This content is for informational purposes only. It does not replace individual legal advice from a qualified lawyer. Each specific case may present particular circumstances that affect the analysis set out here.
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