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Portugal's New Nationality Law 2026

Portugal's New Nationality Law 2026 — which regime applies to you

Lei Orgânica n.º 1/2026 changed the rules on 19 May. Tell me your route and your situation and I tell you which regime applies — old law or new, how many years you need, when you can apply and what still depends on regulation. All in your browser.

By Elijah · UPDATED JULY 2026 ·6 MIN ·OFFICIAL SOURCES
KEY FACTS
Naturalisation (new)
7 years (CPLP/EU) or 10 years
In force since
19 May 2026 (Lei Orgânica 1/2026)
Already-pending applications
Keep the old law (5 years)
Marriage / cohabitation
3 years — unchanged
PASSO 1 / 2

Qual é a sua via para a nacionalidade?

A lei por trás de cada resposta: Lei Orgânica 1/2026 (DR) ↗

How this works

After a Constitutional Court rejection, a veto and a rewrite, the new Nationality Law finally took effect on 19 May 2026. The forums are full of half-truths. This checker follows only the published text of Lei Orgânica n.º 1/2026: pick your route, answer two or three questions, and get the regime that applies to your case — with the articles that set it and the points still hanging on the missing regulation.

  1. 1
    First, the route
    The 2026 reform does not treat every route the same. Naturalisation by residence time is the one that changes most — up from 5 to 7 or 10 years, with new requirements. But marriage, cohabitation and children born in Portugal follow their own rules, barely moving on the number of years. Pick your route and the checker shows the right regime — not the forum rumour.
  2. 2
    Then, the key date: 19 May 2026
    Lei Orgânica n.º 1/2026 came into force on 19 May 2026. Only one thing decides your regime: was your application already filed (pending) on that date? If yes, Article 7(2) applies the old law — 5 years and the old requirements. If not, the new law applies. The window to "lock in the 5 years" closed on that date: for anyone who has not yet applied, it is 7 or 10 years.
  3. 3
    The new naturalisation requirements
    Beyond time, the new Article 6 adds: proof of knowledge of the language, culture, history and national symbols; knowledge of fundamental rights and duties and the political organisation of the State; a solemn declaration of adherence to the democratic rule of law; and the capacity to support yourself. The criminal-record and security bars remain. Nationals of Portuguese-speaking countries are presumed to know the language.
  4. 4
    The regulation still missing
    The law sets the principles, but the details — how the culture and history proof is done, which documents count, what exemptions exist — depend on the new Nationality Regulation, which the Government must revise within 90 days of publication (Article 4), i.e. by mid-August 2026. Until it is out, much is on hold. So this checker flags, at each step, what is still to be regulated.

Frequently asked

The law changed — what actually changed? (Most of what you read is wrong)
Lei Orgânica n.º 1/2026 (in force 19 May 2026) amends the Nationality Law (Lei 37/81). What genuinely changed: naturalisation by residence rose from 5 to 7 years (CPLP and EU nationals) or 10 years (everyone else); the clock now runs from the start of legal residence; culture, history and national-symbols tests plus a means-of-subsistence requirement are added. What did NOT change much: marriage and cohabitation stay at 3 years, and children born in Portugal can still be Portuguese — but now a parent needs 5 years of legal residence (it used to be 1). And applications filed before 19/05/2026 keep the old 5-year regime.
Did the marriage route change? Can I apply after 3 years?
Yes, you can — the marriage period is still more than 3 years (Article 3), and cohabitation is also 3 years, but now needs prior judicial recognition of the partnership. What tightened is the protection against opposition: if the marriage (or union) is under 6 years and there are no common children with Portuguese nationality, the public prosecutor can object for lack of effective ties to the community — weighing language, integration and other Article 6 factors. With 6 years of marriage/union or common Portuguese children, you are protected from that objection (barring criminal record or security). Important: this route is acquisition by will, not naturalisation — the 7/10-year residence rule does NOT apply to marriage.
Should I apply now or wait?
The question came too late for the old trick: the window to "lock in the 5 years" closed on 19 May 2026, when the new law took effect. Only applications already filed (pending) on that date follow the 5-year regime, under Article 7(2). For anyone who has not filed yet, the 7 or 10 years and the new requirements apply — there is no gain in "applying now" if you do not yet meet the time. If you do meet it, then yes, file: every month counts and processing is slow. Use our "Citizenship Timeline" calculator for the exact date.
My baby was born in Portugal — are they Portuguese?
They can be Portuguese by origin if, at the time of birth, a parent has legally resided in Portugal for at least 5 years (and the child/parents declare it) — Article 1(1)(f). This is the number that went up: it used to be just 1 year of a parent’s legal residence. Other doors remain: if a parent was also born in Portugal and lives here (regardless of permit), the child is Portuguese by origin; and a child born here with no other nationality is Portuguese too (to avoid statelessness). If none of these apply, there is minor naturalisation (Article 6(2)), free of charge, with a parent legally resident for 5 years and the child in compulsory schooling.
Didn’t the Constitutional Court strike this law down?
It struck down an earlier version. In December 2025 the Constitutional Court (Ruling 1133/2025) declared several norms of the first Nationality Law reform text unconstitutional: an over-broad criminal-record bar (prison of 2 years or more for any crime), indeterminate grounds of opposition, reversal for fraud, and the rule applying the new requirements to already-pending applications. It also faulted the removal of the rule counting time from the residence-permit request, as frustrating legitimate expectations. The President vetoed it, Parliament reworked the text, and the final version — Lei Orgânica n.º 1/2026 — was enacted on 3 May and published on 18 May 2026. The rise to 7/10 years was not questioned by the Court.
When does the clock start — from when I applied for residence, or from the permit?
This is the touchiest point. The law counts "legal residence" (Article 15): being regularised under a permit, visa or authorisation. The most widely reported reading is that it now counts from the actual start of legal residence, not from the date you applied for the permit. But note: the Constitutional Court itself warned that removing the count-from-application rule may frustrate legitimate expectations, and AIMA’s backlogs mean many people only get the permit years after applying. So this point may still be argued case by case. This checker uses the date you enter as the start of legal residence; for the exact count see the "Citizenship Timeline" calculator and always confirm with the IRN.
OFFICIAL SOURCES
DISCLAIMER
An informational simulation, not legal advice. Lei Orgânica n.º 1/2026 is very recent and the new Nationality Regulation is not yet published (a 90-day deadline, until mid-August 2026), so language/culture proof, documents and exemptions may change. The interpretation of the transition and of how time is counted (from the request or from the permit) may still evolve in the courts. Special cases — dual nationality, grandchildren and great-grandchildren of Portuguese citizens, stateless persons, Sephardic descendants, relevant services to the State — have their own rules. Always confirm your case with the IRN (irn.justica.gov.pt) or an immigration lawyer before acting.