Organic Law No. 1/2026 of 18 May – Amendment to Law No. 37/81 of 3 October, enacting the Nationality Law
Yesterday, the new Nationality Law was published in the Official Gazette and has entered into force today, thereby amending the previous law.
The amendments will impact all applicants who have not submitted their citizenship application by the time the new law becomes effective. Under the new rules:
- Citizens of Portuguese-speaking countries and other EU Member States will be subject to a seven-year residence requirement;
- Applicants of other nationalities will be subject to a ten-year residence requirement.
Arguing that the residence period should not be prejudiced by administrative delays is, in our view, a reasonable and defensible position. That said, given the novelty of the administrative changes, the courts have not yet ruled on comparable cases and there is no established case law that allows for a reliable prediction of judicial outcomes. We are therefore assessing whether and how litigation strategies could be pursued in this context.
The new law states that the Portuguese Government will publish a new regulation under the Nationality Act within 90 days, which we hope will clarify some ongoing questions, such as the requirement to maintain the investment for an additional five years.
