Portugal’s Parliament has recently approved significant changes to the Nationality Law, ushering in a more equitable approach for those seeking Portuguese nationality. Among the various amendments, the most impactful relates to how the mandatory 5-year residency period required for a nationality application is counted.
The Previous Requirement
Under the previous regulations, as stated in Article 6, paragraph 1 of the Nationality Law, individuals could apply for Portuguese nationality by naturalization after maintaining residency in Portugal for at least five years. However, the counting of this five-year period began from the moment the residency permit was issued. This posed a significant hurdle for many applicants due to the extensive delays and backlog in the processing of residency applications by Portuguese authorities, which could sometimes exceed two years. This created an unfair disadvantage for thousands of residents, essentially delaying their path to nationality due to administrative bottlenecks.
The New Change
The recent changes approved by Parliament address this inequity. The updated regulation now allows the five-year residency period to start from the moment a residency application is submitted, rather than when the permit is granted. Specifically, the amendment to Article 15 (adding paragraph 4) states that “for the purposes of the counting of the time of legal residency foreseen in this law, the time between the moment when the temporary residency permit was requested will also be considered, provided that it comes to be approved.” This significant shift means that even if there’s a long waiting period for a residency permit, applicants won’t lose that time when applying for Portuguese nationality.
Practical Implications
To understand the impact of this change, let’s consider some practical examples:
- Applicant A applied for residency in December 2021 and is still awaiting approval. Under the new law, they can apply for nationality as of December 2026, considering the original application date.
- Applicant B submitted a residency application in March 2019, but due to delays, their first residency card was issued in October 2021. With the new rules, they can apply for nationality as of March 2024.
- Applicant C applies for residency in early 2024. Regardless of potential delays in processing, they can expect to apply for nationality by 2029.
These examples illustrate the positive impact of the change, as applicants can now rely on a more transparent and just approach to residency and nationality timelines.
What’s Next?
The new law will take effect one month after its publication in the Official Gazette, following Presidential ratification. This is excellent news for anyone who has applied for or obtained residency in Portugal, as it mitigates the adverse effects of processing delays and ensures that time spent waiting isn’t wasted.
With this new approach, Portugal’s Nationality Law becomes more flexible and fair, offering a clearer path for those aiming to become Portuguese citizens. This development underscores Portugal’s commitment to welcoming residents and addressing administrative challenges to create a more inclusive environment.
