Portuguese Nationality Law: what has changed with the entry into force of Organic Law No. 1/2026?

On 19 May 2026, Organic Law No. 1/2026 (Lei Orgânica n.º 1/2026), of 18 May, entered into force. It introduces the most recent amendment to the Nationality Law (Lei da Nacionalidade), Law No. 37/81, of 3 October.

The amendments have a significant impact on anyone seeking to acquire Portuguese nationality, in particular through naturalisation, as they modify requirements that for many years constituted the rule for thousands of foreign nationals resident in Portugal.

In this note we explain the main changes.

#1. Longer minimum period of legal residence for naturalisation

The most significant change concerns the minimum period of legal residence required to acquire Portuguese nationality by naturalisation.

Until the new law entered into force, it was generally sufficient for the applicant to have resided legally in Portugal for five years.

Under the new wording of Article 6 of the Nationality Law, this requirement now distinguishes between applicants according to their nationality:

7 years of legal residence, where the applicant is a national of a Member State of the European Union or of the Community of Portuguese Language Countries (Comunidade dos Países de Língua Portuguesa, CPLP);

10 years of legal residence, for all other foreign nationals.

This represents a significant increase in the period of integration required before an application for naturalisation may be submitted.

It should be noted that the relevant residence remains legal residence in Portuguese territory, duly authorised under the immigration legislation.

#2. Change in how the residence period is counted

In addition to increasing the minimum period of legal residence required for naturalisation, Organic Law No. 1/2026 also changes the way in which that period is calculated.

Under the previous regime, the counting of the period of legal residence gave rise to differing interpretations and to considerable legal and administrative debate, particularly as to the point from which the period relevant for acquiring Portuguese nationality should begin to run.

The new wording of the Nationality Law seeks to bring greater clarity to the regime by providing that the legal residence requirement must be fully met at the time the application for naturalisation is submitted, corresponding to the minimum period of legal residence laid down by law for each category of applicant.

In practice, this means that an applicant may only submit an application after completing the period of legal residence now required, seven or ten years depending on their situation. Demonstrating a prolonged stay in Portugal is not sufficient unless it is supported by the corresponding legal status under the immigration legislation.

This change is particularly relevant for those planning a future application for nationality. It is therefore essential to confirm, case by case, from what date the period of legal residence may be counted and which legal regime actually applies.

#3. Acquisition of nationality by adoption is no longer automatic

Another significant change concerns the acquisition of nationality by adoption.

Until now, in certain situations, Portuguese nationality was acquired automatically as a result of adoption, provided the relevant legal requirements were met.

With the entry into force of Organic Law No. 1/2026, such acquisition now depends on a declaration of intent by the person concerned or by their legal representatives, according to the cases provided for by law.

The stated aim of the legislature was to bring this regime into line with the other mechanisms for the derived acquisition of nationality, reinforcing the voluntary nature of acquisition.

#4. Who is affected by these changes?

The changes introduced by Organic Law No. 1/2026 directly affect foreign nationals who wish to acquire Portuguese nationality by naturalisation and who had not yet submitted their application when the new law entered into force.

In these cases, the new legal requirements apply, namely the increase in the minimum period of legal residence to seven or ten years, depending on the applicant's nationality, together with the other changes introduced by the new regime.

Conversely, applications for nationality submitted before the entry into force of Organic Law No. 1/2026 will, in principle, continue to be assessed under the legislation in force on the date they were submitted, in accordance with the transitional provisions of the law itself and with the general principles governing the application of the law over time.

Determining the applicable legal regime therefore requires a case by case analysis. It is particularly important to verify, among other matters, the date on which the application was submitted, the ground invoked for acquiring nationality and the applicant's legal situation on the date the new legislation entered into force.

The Nationality Law provides for different ways of obtaining Portuguese nationality, namely attribution, acquisition by declaration of intent, adoption and naturalisation, each with its own requirements. Accordingly, not all the changes introduced by Organic Law No. 1/2026 affect every applicant in the same way, and it is essential to identify the legal regime that applies to each specific situation.

It should be stressed, however, that the changes introduced by Organic Law No. 1/2026 do not have a uniform effect on all nationality procedures. The law itself establishes a transitional regime that determines which of the new provisions apply to pending proceedings and to applications submitted after its entry into force. Defining the applicable legal regime therefore requires the new rules to be read together with the transitional provisions of Organic Law No. 1/2026 and with the general principles governing the application of the law over time.

#Conclusion

Organic Law No. 1/2026 is one of the most significant amendments to the Nationality Law in recent years. It introduces material changes to the Portuguese nationality regime, in particular as regards acquisition of nationality by naturalisation. The principal changes are the increase in the minimum period of legal residence required for naturalisation, the change in the way that period is counted, the requirement of a declaration of intent for the acquisition of nationality by adoption, and a transitional regime governing the application of the new rules to pending proceedings and to applications submitted after its entry into force.

These changes reflect a revision of the conditions of access to Portuguese nationality and call for a more careful assessment of the legal requirements in each specific case. Consequently, the applicable regime will always depend on the form of acquisition of nationality relied upon, the date on which the application is submitted and the transitional provisions of Organic Law No. 1/2026.

This is a technical note published for information purposes. It does not constitute legal advice on any specific case. For advice, please contact the firm.