Eymi Castro, an immigration expert with Immigrant Invest, walks through how Portugal’s nationality law reached its current form — from the Government’s June 2025 proposal, through parliamentary votes and constitutional review, to publication of Lei Organica n.o 1/2026 in the Diario da Republica on 18 May 2026 and its entry into force on 19 May 2026.
The parliamentary momentum to tighten citizenship requirements proved durable. In October 2025, the Assembly approved a substitution text with a commanding 157 votes in favour.
After constitutional review, presidential veto, and parliamentary reappraisal, the amended statute was promulgated and published in the Diario da Republica as Lei Organica n.o 1/2026 on 18 May 2026. Under its Artigo 8.o, the law entered into force on 19 May 2026 — the day after publication.
The new framework introduces a 7-year naturalisation residency period for nationals of CPLP and EU member states and 10 years for other foreign nationals, replacing the prior universal 5-year regime under Lei n.o 37/81. The sections below trace how the law evolved and explain how Artigo 7.o.2 transitional rules apply to pending applications.
Early policy pivot: June 23rd, 2025
On June 23rd, 2025, the XXV Constitutional Government approved a legislative proposal to amend the Nationality Law n.º 37/81[1] Source: Portugal — legislative proposal on nationality law amendments. Assembleia da República — Proposta de Lei n.º 1/XVII/1.ª (GOV).
The official communiqué outlined the primary objective of introducing more demanding requirements for naturalisation to ensure a genuine, robust, and durable connection to the national community[2] Source: Portugal — news coverage of the nationality law approval in Parliament. Diario de Noticias — Lei da nacionalidade aprovada com os votos a favor…
The initial proposal sought to increase the minimum legal residence period to 7 years for citizens from Lusophone countries, CPLP, and 10 years for other foreign nationals[1] Source: Portugal — legislative proposal on nationality law amendments. Assembleia da República — Proposta de Lei n.º 1/XVII/1.ª (GOV).
The proposal also aimed to introduce new mandates for applicants to demonstrate knowledge of Portuguese culture and the state’s political organisation, alongside a provision for the loss of nationality for naturalised citizens convicted of serious crimes[1] Source: Portugal — legislative proposal on nationality law amendments. Assembleia da República — Proposta de Lei n.º 1/XVII/1.ª (GOV).
Committee changes that shaped the final decree: July—October 2025
Following its submission to the Assembly of the Republic on June 25th, 2025, the government’s proposal underwent a comprehensive legislative process[3] Source: Portugal — Constitutional Court ruling on the nationality law. Tribunal Constitucional — Acordao n.º 1133/2025. Source: Portugal — Constitutional Court ruling on the nationality law. Tribunal Constitucional — Acordao n.º 1133/2025.
This committee work produced a substitution text that softened the optics but maintained the core tightening of the rules. The committee dropped the proposed “National Integration and Citizenship Test.”[3] Source: Portugal — Constitutional Court ruling on the nationality law. Tribunal Constitucional — Acordao n.º 1133/2025. Source: Portugal — Constitutional Court ruling on the nationality law. Tribunal Constitucional — Acordao n.º 1133/2025.
Final vote and decree transmission: October 28th, 2025
On October 28th, 2025, during Plenary Meeting n.º 27, the substitution text was put to a final[3] Source: Portugal — Constitutional Court ruling on the nationality law. Tribunal Constitucional — Acordao n.º 1133/2025. Source: Portugal — official press communication on Constitutional Court ruling no. 1133/2025. Tribunal Constitucional — Comunicado Acordao n.º 1133/2025 — Lei da Nacionalidade.
Constitutional scrutiny begins: November 19th, 2025
Around this time, the decree faced its first major legal challenge. On November 19th, 2025, a group of 50 Deputies submitted a request for a preventive review of the constitutionality of Decree No. 17/XVII to the Constitutional Court[5] Source: Portugal — news report on the presidential veto of amendments to the nationality law. Publico — Marcelo veta e devolve ao Parlamento alteracoes a Lei da Nacionalidade.
Immigrant Invest released the video analysis concurrently to provide a concise walkthrough of what was in the approved decrees and what stakeholders needed to watch for during the constitutional review.
Constitutional court ruling: December 15th, 2025
On December 15th, 2025, the Constitutional Court issued Acórdão n.º 1133/2025, declaring four specific clusters of norms within the decree unconstitutional[6] Source: Portugal — news report on the presidential veto of changes to the nationality law. Correio da Manha — Presidente da Republica veta alteracoes a Lei da Nacionalidade.
Presidential veto
On December 19th, 2025, President Marcelo Rebelo de Sousa vetoed Decree n.º 17/XVII and returned it to the Assembly of the Republic without promulgation[7] Source: Portugal — legal analysis of the Constitutional Court ruling and presidential veto. Morais Leitao — Alteracoes a Lei da Nacionalidade — Acordao do Tribunal Constitucional e veto presidencial. Source: Portugal — news report on the parliamentary reconsideration of the veto. SIC Noticias — Reapreciacao do veto a Lei da Nacionalidade agendada no Parlamento para abril.
Under Article 279, paragraph 1, of the Portuguese Constitution, the President must veto any decree if the Constitutional Court declares any of its norms unconstitutional during a preventive review[8] Source: Portugal — news report on the parliamentary reconsideration of the veto. SIC Noticias — Reapreciacao do veto a Lei da Nacionalidade agendada no Parlamento para abril.
Eymi Castro,
Investment Migration Expert
The veto pushed the legislative process through the constitutional guardrails that protect fundamental rights such as citizenship. Parliament reapprised the decree on 1 April 2026, amended the four clusters the Constitutional Court had struck down, and the revised statute entered into force as Lei Organica n.o 1/2026 on 19 May 2026.
What's in force now: Lei Organica n.o 1/2026
Following the parliamentary reappraisal on 1 April 2026, the amended statute was promulgated and published in Diario da Republica n.o 95/2026, Serie I, on 18 May 2026 as Lei Organica n.o 1/2026. Per Artigo 8.o, the law entered into force on 19 May 2026 — the day after publication.
The core change in Artigo 6.o replaces the prior universal 5-year naturalisation residency requirement with a two-tier rule:
- 7 years of legal residence for nationals of CPLP (Comunidade dos Paises de Lingua Portuguesa) member states and EU member states.
- 10 years of legal residence for all other foreign nationals.
The A2 Portuguese language requirement (CIPLE / CAPLE) is retained for non-Lusophone applicants. The spouse / uniao de facto track is unchanged at 3 years, and descent (jus sanguinis) routes are unaffected.
Artigo 6.o (1)©(d) (e) also confirms civic and democratic-values requirements: sufficient knowledge of Portuguese language, culture, history, and national symbols; knowledge of fundamental rights and duties and of the political organisation of the Portuguese State; and a solemn declaration of adherence to the fundamental principles of the democratic rule-of-law State.
Artigo 12.o-B introduces a new 10-year consolidation period — doubled from the prior 6 — before nullity-protection takes effect on a citizenship grant. Artigo 8.o retains a narrow loss-of-nationality framework limited to voluntary renunciation by dual-nationals. The broader loss-of-nationality grounds in the separate Decreto AR 49/XVII are not part of this statute.
Parliamentary reappraisal and final passage: April-May 2026
The Assembly reapprised the vetoed decree on 1 April 2026. Working from the Constitutional Court’s December 2025 ruling, deputies revised the four norm clusters that had been struck down — narrowing the criminal-record threshold, clarifying the rejection-of-adhesion language, tightening the non-consolidation rule, and rewriting the transitional regime — then re-passed the amended text.
After promulgation, the statute was published in Diario da Republica n.o 95/2026, Serie I, on 18 May 2026 as Lei Organica n.o 1/2026. Under Artigo 8.o ("entra em vigor no dia seguinte ao da sua publicacao"), it entered into force on 19 May 2026.
The Government has 90 days from 18 May 2026 (Artigo 4.o Regulamentacao) to update the implementing Regulamento da Nacionalidade Portuguesa. AIMA and IRN regulatory guidance is expected through approximately mid-August 2026.
Statutory transitional rules
What investors should know now
Lei Organica n.o 1/2026 is now in force. Three points matter for investors evaluating Portugal as a path to citizenship.
1. Pending nationality applications filed on or before 18 May 2026 are statutorily grandfathered. Artigo 7.o.2 confirms that the prior Lei 37/81 regime continues to apply to administrative procedures pending at the date of entry into force. These applications are not affected by the 7/10-year change.
2. For residency-stage investors who have not yet filed a nationality application, the new regime applies. The 7-year requirement (CPLP and EU nationals) or 10-year requirement (other foreign nationals) applies to any nationality application filed from 19 May 2026 onward. The statute contains no transitional provision for residency-stage holders, and whether prior residency time counts toward the new clock is currently disputed and the subject of an ongoing collective legal action. We recommend monitoring AIMA guidance and the forthcoming Regulamento da Nacionalidade update, which the Government has 90 days from 18 May 2026 to publish.
3. Other pathways are unchanged. The spouse / uniao de facto track remains at 3 years. Citizenship by descent (jus sanguinis) is unaffected. Permanent residency continues to be available after 5 years of legal residence — this is separate from citizenship.
Immigrant Invest is monitoring the Regulamento da Nacionalidade update and ongoing legal challenges, and will revise this article as official guidance is published.
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