If you’re planning to relocate to Portugal, apply for residency, or pursue Portuguese citizenship, it’s essential to stay informed about the recent legislative proposals that could significantly impact the immigration and nationality framework. These proposed changes introduce stricter requirements for naturalization, family reunification, and citizenship eligibility.
Below is a comprehensive breakdown of the key proposed changes, their implications, and what is currently known about the legal process moving forward.
1. Extended Residency Requirements for Portuguese Citizenship
One of the most notable proposals is an increase in the minimum residency period required to apply for Portuguese nationality through naturalization:
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7 years of legal residency for nationals from CPLP countries (Portuguese-speaking nations)
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10 years of legal residency for citizens of all other nationalities
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Only time spent with a valid, legal residency status will be counted
This change will directly impact expats and foreign nationals planning long-term settlement in Portugal who are currently on temporary or short-term permits. *Please see below for notes on retroactivity.
2. Stricter Criteria for Birthright Citizenship
Children born in Portugal would no longer automatically receive Portuguese citizenship under the new rules. Instead, they would qualify only if:
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At least one parent has held legal residency in Portugal for at least 3 years
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A formal nationality application is submitted on the child’s behalf
This reform would affect families relocating to Portugal with children or planning to give birth while residing in the country.
3. New Citizenship Requirements: Language and Civic Understanding
To qualify for Portuguese citizenship, applicants would be required to:
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Demonstrate Portuguese language proficiency at A2 level or higher
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Show knowledge of Portuguese civic principles, democratic values, and national institutions
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Sign a formal declaration of commitment to the values of the Portuguese Republic
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Not have a serious criminal record or pose a public security threat
These conditions highlight a growing emphasis on integration, civic awareness, and national commitment as part of the citizenship process.
4. Revised Family Reunification Requirements
The family reunification process is also subject to major revisions under the proposal:
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Sponsors must have between 2 to 3 years of legal residency in Portugal before submitting a reunification request
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Family members will need to demonstrate basic Portuguese language skills and a clear intent to integrate into Portuguese society
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The Sephardic Jewish ancestry citizenship route will be closed to new applicants
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Citizenship by descent (known as the “Avidos” pathway) will be limited to great-grandchildren, or third-degree descendants
These changes will affect families seeking to join loved ones in Portugal or applying for nationality through heritage connections.
5. New Provision for Revoking Naturalized Citizenship
A new rule would allow Portuguese nationality, granted through naturalization, to be revoked in certain cases:
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Only applicable to individuals who naturalized within the past 10 years
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Can be triggered by serious criminal convictions resulting in prison sentences of 5 years or more
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Does not apply to those who are Portuguese by birth
This proposed measure reflects an increased focus on security and the integrity of the naturalization process.
6. Creation of UNEF – National Immigration and Borders Unit
The law proposes the establishment of a new body, the National Immigration and Borders Unit (UNEF), within the Public Security Police (PSP). This unit would:
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Take over responsibilities for airport border control and immigration enforcement
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Assume deportation procedures currently managed by AIMA
This change signals a shift toward a more centralized and streamlined approach to immigration and border operations in Portugal.
7. Temporary Extension of Expired Residency Permits Until October 15
As part of transitional measures and ongoing administrative delays, the Portuguese government has automatically extended the validity of expired residence permits until October 15, 2025. This extension is crucial for foreign residents who are awaiting the renewal or issuance of new residency documents through AIMA (Agency for Migration and Asylum).
What This Means for Residents in Portugal
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Expired residence cards (ARIs, residence permits, etc.) will remain legally valid until October 15
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Residents can continue to access public services, employment, housing, and healthcare as usual
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No penalties will be applied for having an expired document within this period, provided that a renewal request is pending or was submitted in time
Travel Outside Portugal with Expired Residency
Foreign residents holding expired permits that fall under this automatic extension may leave and re-enter Portugal, provided they meet the following conditions:
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You carry your expired residency card
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You carry proof of your pending renewal request, such as:
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AIMA appointment confirmation
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Online request submission receipt
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Any relevant documentation proving an active process
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While Portugal recognizes the validity of extended documents, re-entry through other Schengen countries may vary, and travelers are strongly advised to:
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Transit directly through Portugal when flying internationally
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Avoid layovers in other Schengen Area countries where border officials may not recognize the Portuguese extension
If international travel is necessary, consult with AIMA or an immigration lawyer beforehand to ensure compliance and avoid complications at border checkpoints.
Legal Uncertainty: Implementation and Retroactivity
Although these changes have been approved as legislative proposals, they are not yet in effect. Under standard legal practice, Portuguese law is not retroactive, meaning that new laws do not typically apply to situations or applications submitted before they are enacted.
However, at this stage, no official clarification has been issued on whether:
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The new rules will apply only to new applicants after the law is enacted, or
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Applicants already in process will be grandfathered into the current legal framework
This creates a legal gray area for individuals currently applying for residency or citizenship. Until there is definitive guidance, applicants are encouraged to stay informed and seek legal advice specific to their case.
Legislative Process: How Laws Are Passed in Portugal
Before any of these proposals become binding, they must go through the formal legislative process in Portugal, which includes the following steps:
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Parliamentary Approval: The proposal is introduced and approved in principle by the Portuguese Parliament.
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Committee Review: The legislation undergoes detailed scrutiny by parliamentary committees, where amendments may be proposed.
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Final Vote: The revised proposal is brought back to Parliament for a final vote.
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Presidential Review: The approved law is sent to the President of the Republic, who can:
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Approve and promulgate it
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Request a constitutional review
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Veto it and return it to Parliament
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Official Publication: If approved, the law is published in the Diário da República (Portugal’s official legal journal).
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Enforcement: The law enters into force on a stated date, often 30 to 90 days after publication unless otherwise specified.
Until this process is completed, these reforms remain proposals and are not yet enforceable.
Final Thoughts
Portugal is on the verge of making significant changes to its immigration and nationality laws that will affect everyone from long-term residents to new arrivals and families pursuing reunification or citizenship. While the proposals emphasize legal residency, integration, and civic responsibility, there remains uncertainty about their timeline and applicability.
If you’re considering moving to or investing in Portugal, already in the immigration process, or planning to apply for Portuguese citizenship, now is the time to:
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Consult with an immigration lawyer or relocation advisor
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Monitor the legislative process
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Take action quickly if you’re eligible under the current regulations
Staying informed and prepared will help ensure a smoother transition, no matter how the legal framework evolves.