IMMIGRATION ALERT: Parliament Approves New Nationality Law. What Changes for Foreign Citizens?

The Portuguese Parliament has approved a new version of the Nationality Law that substantially tightens the criteria for accessing Portuguese citizenship. The legislation now heads to the President of the Republic for promulgation, but the anticipated changes will have an immediate and profound impact on the immigrant community.

The Immigration and Nationality team at Global Lawyers summarizes the 4 key changes you need to know:

1. Extended Residency Periods

The waiting time to apply for naturalization will increase significantly:

• CPLP Citizens (including Brazil, Angola, Cape Verde, etc.): The minimum required legal residency period rises from 5 to 7 years.

• Other Nationalities: The minimum legal residency requirement doubles, increasing from 5 to 10 years.

2. New Rules for Children Born in Portugal (Jus Soli)

Being born on Portuguese soil will no longer be a sufficient condition in many cases. Children born in Portugal will only be entitled to Portuguese nationality if their parents can prove at least 5 years of prior legal residence. Furthermore, foreign parents will lose the right to request citizenship through paternity.

3. The End of the Sephardic Regime

The new legislation completely extinguishes the special regime that facilitated the granting of nationality to descendants of Sephardic Jews.

4. Loss of Nationality and Criminal Records

Criminal record rules will become much stricter. The new law introduces the possibility for the State to revoke the citizenship of naturalized citizens who are sentenced to effective prison terms of 5 or more years for serious crimes. Additionally, the conviction threshold that blocks new naturalization requests drops from 5 to 3 years in prison.

What happens next?

The legislation does not enter into force immediately. It is now subject to the review of the President of the Republic, who may promulgate the law, veto it, or send it to the Constitutional Court.

If your deadline to apply for nationality was nearing completion under the old law, it is crucial to analyze your current legal situation. Global Lawyers is closely monitoring all developments to ensure the protection of our clients' applications.

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