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Changes to Portuguese nationality law increase requirements for immigrants, raise minimum residency time, restrict access for those born in the country, and end historical regimes, directly affecting Brazilians living in the European territory and awaiting the right to citizenship.
The president of Portugal, António José Seguro, promulgated this Sunday (03) the decree that amends the Nationality Law and tightens the conditions for access to citizenship, directly affecting Brazilians and other foreigners who reside in the country and depend on the rules to regularize their legal status.
With the new legislation, citizens from Portuguese-speaking countries, such as Brazil, will now need seven years of legal residence to apply for nationality, extending the previous five-year period and changing the plans of thousands of immigrants who were awaiting the moment to formalize their application.
Furthermore, foreigners of other nationalities will face an even greater requirement, as the minimum time increases to ten years of legal residence, consolidating a more restrictive model that also alters criteria for those born in the country and eliminates special regimes previously considered facilitators.
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Impact of the new law for Brazilians in Portugal
Considered the largest foreign community in Portugal, the Brazilian population is estimated at around 700,000 people, a number that reinforces the scope of the changes and highlights the potential social and legal impact of the new legislation on those who live and work in Portuguese territory.
In this scenario, many Brazilians who were close to meeting the previous deadline will need to wait longer, which alters expectations and reorganizes personal, professional, and family plans linked to obtaining Portuguese citizenship in the coming years.
Although the main requirement is linked to the length of residence, the discussion also involves how this period is counted, especially given administrative delays that frequently affect the documentary regularization of foreigners.
According to the president, the deadlines provided by law should not be prejudiced by the State’s slowness, a sensitive point for immigrants who face queues, delays in processes, and difficulties in obtaining official documents.
Parliamentary processing and promulgation of the law
The proposal was approved by the Portuguese Parliament on April 1, 2026, already in its second version, after the Constitutional Court pointed out problems in the previous formulation and determined the revision of points considered incompatible with the Constitution.
After a new vote, the text gathered support from right-wing parties, such as PSD, Chega, IL, and CDS-PP, while left-wing parties voted against or opted for abstention, evidencing a political scenario marked by divergences on migration policy.
Sent to Belém Palace on April 13, the decree was promulgated on May 3, 2026, even amidst criticism related to the lack of consensus around legislation considered structural for the country.
Justifying the decision, Seguro stated that the topic should gather greater political convergence and avoid momentary ideological influences, although he acknowledged that the changes made after the judicial decision allowed the text to be sanctioned.
Stricter rules for children born in Portugal
Among the most sensitive changes is the alteration of rules for children born in Portuguese territory, who until then could be considered Portuguese by origin when one of the parents resided in the country for at least one year, even without formal documentation.
With the new law, the right now depends on a minimum legal residence of five years by one of the parents, which restricts automatic access to nationality and links the child’s condition to the family’s migratory regularity.
This modification reduces the scope of the so-called right of soil and reinforces the requirement of a prior legal link with the Portuguese State, changing a practice that had been used by foreigners in recent years.
Even so, the Presidency highlighted that the tightening of rules does not prevent minors’ access to essential services, such as health and education, preserving basic guarantees even without the immediate granting of nationality.
End of citizenship for descendants of Sephardic Jews
Another relevant point of the reform is the termination of the regime that allowed the granting of nationality to descendants of Portuguese Sephardic Jews, a policy implemented in 2015 as a form of historical reparation.
This mechanism allowed for the recognition of citizenship based on proof of ties to communities expelled from the Iberian Peninsula, which generated thousands of applications over the last decade.
The new legislation also eliminates provisions aimed at people born in former Portuguese overseas territories and their descendants, restricting paths that previously facilitated access to nationality.
With these changes, the set of amendments consolidates a broad tightening of naturalization rules, reflecting a shift in the migratory policy adopted by the country.
Pending processes and concern about deadlines
During the promulgation, the president drew attention to the need to preserve trust in the State, especially regarding processes already underway that depend on previous legislation for their analysis.
According to Seguro, affecting pending applications could compromise institutional credibility, both internally and on the international stage, especially given the growing volume of requests made by foreigners.
The concern also involves Brazilians who have already started processes or are awaiting administrative steps, a situation in which delays can directly interfere with the calculation of the residency period required by law.
In addition to the changes in the Nationality Law, Parliament approved another diploma that amends the Penal Code and provides for the loss of nationality as an ancillary penalty, a measure that is still awaiting analysis by the Constitutional Court before coming into force.
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