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Following the discussions held during the electoral campaign and, in particular, with the presentation of the Government Programme, Draft Law no. 1/XVII/1.ª was made available on 25 June 2025.
This initiative, presented by the Government, aims to introduce the 11th amendment to the Nationality Law (Law no. 37/81, of 3 October).
This proposal represents a thorough review of the legal regime governing Portuguese nationality, with a direct impact on the criteria to grant, acquire, lose, and consolidate nationality.
Key Points of Draft Law no. 1/XVII/1.ª
1. Original Nationality
Children:
- A minimum period of three years of legal residence in the national territory by at least one parent at the time of the child’s birth is now required.
- Nationality will no longer be granted automatically and will instead depend on an express declaration of will.
- Proof of legal residence must be provided through valid supporting documents, and not merely through an identification document.
Grandchildren:
Grandchildren of Portuguese nationals are now required to meet additional conditions, including:
- Demonstrated knowledge of the Portuguese language and culture.
- Demonstrated knowledge of fundamental rights and duties, as well as the political organisation of the State.
2. Naturalisation
New requirements
New cumulative requirements for naturalisation:
- 7 years (Portuguese-speaking Countries nationals) or 10 years (other nationalities) of legal residence;
- Knowledge of the Portuguese language and culture.
- Knowledge of fundamental rights and duties, as well as the political organisation of the State.
- Solemn declaration of adherence to the principles of the Democratic Rule of Law.
- No criminal convictions resulting in an effective custodial sentence.
Other amendments
- Revocation of naturalization of descendants of Sephardic Jews.
- Ascendants of native-born Portuguese citizens can no longer apply for naturalization.
- Granting of nationality to ascendants up to the third degree in the direct line.
3. Legal Residence
Revocation of Article 15(4):
- This provision allowed, for the purposes of calculating legal residence, the inclusion of the period elapsed since the application for a temporary residence permit, even prior to its approval.
- With its revocation, such period will no longer be considered, thereby reinforcing the requirement that residence must be effectively legal and duly validated.
The draft law further clarifies that:
- The residence must be effective and continuous, based on valid residence permits.
- For the purpose of calculating periods of lawful residence in Portuguese territory, the following shall not be taken into account:
- The period of stay in Portugal under the legal mechanism of a manifestação de interesse (expression of interest).
- The period between the submission of the application for a temporary residence permit and the date on which such application is granted.
4. Loss of Nationality
- Introduced as an ancillary penalty applicable to naturalised citizens who, within ten years of acquiring Portuguese nationality, are convicted of a custodial sentence of five years or more for serious criminal offences.
- The decision lies with the competent court, which must assess the seriousness of the offence, the individual’s degree of integration into the community, and the duration of residence in Portugal.
- The person in question shall be barred from applying for naturalisation for a period of ten years.
5. Entry into Force
- The present amendments shall enter into force on the day following the publication of the law.
- In cases of applications for nationality based on length of residence, the new regime shall apply to applications submitted after 19 June 2025.
This provision is justified by reference to the publication of the Government Programme, which is aligned with constitutional case law on the protection of legitimate expectations, and the need to prevent an excessive influx of applications.
It is important to note that this proposal is still subject to debate in the upcoming plenary session scheduled for next week, and its content may therefore be amended. It constitutes merely an initial draft and does not represent the final version of the law.