The 2026 Portugal Nationality Law: Navigating the 10-Year Shift

On May 3, 2026, the President of the Republic promulgated a revised Nationality Law, introducing one of the most significant changes to Portugal’s naturalization rules in decades. For thousands of foreign residents and Golden Visa investors, the previous five-year path to citizenship has been replaced by a much longer and more uncertain process.

The new law tightens citizenship requirements and has raised important constitutional questions, particularly for those who moved to Portugal relying on the previous rules.

1. Key Legislative Changes

The new framework extends the residence period required for citizenship and changes how that period is calculated.

Under the previous regime, foreign nationals could apply for citizenship after five years of lawful residence. The new law increases this period to:

10 years for nationals of most countries;
7 years for nationals of European Union member states and Portuguese-speaking countries, including CPLP nationals.

The “Reset” of the Residence Clock

The change to the calculation of residence time may be even more significant than the longer deadlines.

In 2024, a rule was introduced allowing residence time to be counted from the date on which the residence application was submitted. The 2026 law revokes that rule. Under the new framework, the qualifying period begins only when the residence card is issued.

The Practical Impact

Due to delays at AIMA, many residents wait 18 to 24 months for their first residence card. When this delay is added to the new 10-year requirement, the actual period from arrival in Portugal to citizenship eligibility may now exceed 12 or 13 years.

2. Who Is Affected?

One of the most controversial aspects of the new law is the absence of a general grandfathering clause.

New applicants are fully subject to the new 7- or 10-year rules.

Current residents who have not yet applied for citizenship are also subject to the new, longer timelines, regardless of when they began living in Portugal.

Protected applicants are limited to those who had already met all requirements and submitted their citizenship applications before the law entered into force. These applications should continue to be assessed under the previous five-year rule.

The Constitutional Court has ruled that the new law cannot apply retroactively to pending citizenship applications. Therefore, if a nationality application was submitted before the law entered into force, it should be processed under the former five-year regime.

Residents who have held residence permits for several years but have not yet applied for citizenship are, in principle, subject to the new 7- or 10-year requirements. This is the group most exposed to the change, as many planned their move to Portugal based on the previous five-year rule.

3. Constitutional Concerns: Legitimate Expectations

The lack of transitional protection raises concerns under the principle of legal certainty. Many individuals invested in Portugal, relocated their families, or structured their lives around the expectation of a five-year path to citizenship.

Under Article 2 of the Constitution of the Portuguese Republic, affected individuals may challenge the new rules on the basis of:

• Legal certainty, which protects individuals from sudden and unpredictable changes in the law; and
• Legitimate expectations, which protects those who reasonably relied on an existing legal framework when making important personal, financial, or family decisions.

4. Legal Remedies

Affected residents may consider challenging the application of the new law before the administrative courts.

Possible Strategy
File early: Submit the nationality application upon reaching the five-year mark under the previous regime.
Challenge any rejection: If the IRN, the Institute of Registries and Notaries, rejects the application based on the new law, initiate judicial proceedings.
Rely on the 90-day decision period: Article 128(1) of the Code of Administrative Procedure establishes a 90-day period for administrative decisions. If the administration fails to decide within that period, this may provide grounds for judicial action.

Pros and Cons of Litigation

Advantages: Litigation may lead to recognition of citizenship rights under the previous legal framework. In some cases, it may also support claims for compensation.
Disadvantages: Court proceedings involve costs, can take several years, and carry uncertainty, especially when challenging legislation currently in force.

Conclusion

The 2026 Nationality Law creates serious challenges for residents who relied on the previous five-year path to citizenship. Those most affected are residents who have already spent several years in Portugal but had not yet submitted a nationality application when the new law entered into force.

There may be grounds to challenge the application of the new rules in specific cases, particularly where the individual can show clear reliance on the previous regime. However, litigation is uncertain and may take time.

We recommend reviewing each case individually to assess the residence timeline, the strength of any constitutional arguments, and whether litigation is justified.

Our assistance

GFDL Advogados combines deep experience in immigration and citizenship matters with a strong litigation practice, including complex and high-stakes disputes. We are well placed to advise residents affected by the new law and, where appropriate, to pursue judicial remedies to protect their rights.

Should you require a detailed consultation to evaluate your specific residency timeline and legal position, our firm is available to assist.

Disclaimer

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