Decree no. 48/XVII introduces one of the most significant revisions to the Portuguese Nationality Law since Law no. 37/81. The reform reflects a clear tightening of the criteria for acquiring nationality and is expected to have a substantial impact both on future applications and on the legal strategies adopted by applicants and their advisors.
Children of foreign nationals born in Portugal
With regard to original nationality for children born in Portugal to foreign parents, it is no longer sufficient for one parent to have resided in the country for one year.
The new framework requires that one parent must have been legally resident in Portugal for at least five years at the time of birth, supported by documentary evidence. In practical terms, this change significantly narrows the scope of automatic access to nationality at birth.
Marriage and de facto relationships
Acquisition of nationality based on marriage or de facto union is also clarified and tightened.
De facto unions must now be formally recognised by a court decision, rather than simply evidenced informally. In addition, applications may be refused where grounds for opposition exist, including serious criminal convictions or risks related to national security.
Naturalisation: longer residence and additional requirements
Naturalisation is the area most significantly affected by the reform.
The general period of legal residence increases to seven years for EU and CPLP nationals and to ten years for other foreign nationals, with a specific regime for stateless persons set at four years.
Beyond proficiency in the Portuguese language, applicants will now be required to demonstrate knowledge of Portuguese culture, history and national symbols, as well as an understanding of fundamental rights and duties. They must also formally declare adherence to the principles of the democratic rule of law, demonstrate sufficient means of subsistence and show that they are not subject to international sanctions.
Criminal convictions and state opposition
Criminal convictions will no longer constitute an automatic bar to nationality. Instead, they will operate as a rebuttable presumption, to be assessed by the Public Prosecutor on a case-by-case basis, taking into account factors such as the severity of the offence, the time elapsed and the applicant’s level of integration.
At the same time, the deadline for the State to oppose the granting of nationality is extended to two years after registration, reinforcing post-grant scrutiny.
Additional changes with practical relevance
The reform also introduces several technical changes with practical implications. It restricts how residence periods are counted, removes special regimes, including that applicable to descendants of Sephardic Jews, and reinforces the requirement for physical presence in certain procedural acts.
It also clarifies that nationality registration has constitutive effect, meaning that nationality is only effective once the registration is completed.
Fee exemptions are maintained only for particularly protected situations, such as stateless minors or children born in Portugal.
Transitional regime
Importantly, the new rules do not apply to pending administrative procedures, which will continue to be governed by the previous legal framework.
Final remarks
Overall, the reform signals a clear legislative shift towards a more demanding and closely scrutinised model for access to Portuguese nationality.
In this context, a careful and case-specific legal assessment becomes essential, particularly in relation to the applicable regime, the fulfilment of requirements and the potential risks of opposition. Proper planning and legal strategy will be key to a successful outcome.
