Portuguese Nationality: Deadline may increase from 5 to 7 years - Find out how to act.

Can you imagine having to wait another two years to apply for Portuguese nationality, even though you've been living legally in Portugal for so long?

That's what can happen.

If you're close to 5 years old, the time to act is now.

What is being discussed in the Portuguese Parliament?

Parliament is discussing a proposal to amend the Nationality Law, which aims to increase the minimum time of legal residence required for naturalization: from the current 5 years to 7 years.

The proposal has gained political momentum and has the support of several parties. Everything indicates that the change will be approved and could come into force sooner than you think.

Can I still apply on the basis of 5 years?

If you haven't yet applied, but are close to completing 5 years of legal residence (or have already done so), yes, it is still possible to do so based on the current rules. But it's important to know that this could change at any time.

The political environment is clearly in favor of change. This means that if you leave it too late, it could be too late.

What changes with the new law?

If the deadline is changed to 7 years, anyone who has not yet filed an application for nationality could be forced to comply with the new requirement. Even if they have already been in Portugal for more than five years, what matters is the date on which the application was formalized.

In legal terms, the principle of tempus regit actumThe application will be analyzed on the basis of the legislation in force at the time of its entry.

In other words, anyone who submits their application now will be assessed under the current rules. Those who delay may have to wait another five years.

What if I have been resident for less than 5 years?

This is a very common question. And the good news is that there is a possibility based on the protocol of the nationality process by naturalization. There is a legal basis for taking into account the time from the filing of the nationality application to the moment the application is analyzed.

However, it's important to be clear: in practice, the Institute of Registries and Notaries (IRN) often ignores this legal provision, rejecting requests based on more restrictive understandings. For a long time, as a lawyer, I didn't recommend this strategy as a first option, precisely because of the agency's stance.

But now, with the real threat of legislative change, this may be the only possible way out for many people who are close to their fifth birthday but haven't had their residence permit long enough.

If this is the case for you, it is essential to carry out a careful technical analysis and prepare a solid request, with all the legal bases well constructed.

Practical example

Imagine the situation of João, a Brazilian citizen who arrived in Portugal in January 2019. His first residence permit was issued in December 2020. In June 2025, concerned about the possible change to the Nationality Law, João filed his application for Portuguese nationality by naturalization.

When he completed five years of legal residence, in December 2025, the process was still pending analysis. Thus, João reached the five-year requirement for nationality by naturalization. It is important to note that, at the time João completed the five years, he still had a valid residence permit.

In this type of situation, there is legal provision which allows the time elapsed between the filing of the application and its analysis to be taken into account for the purposes of counting the period of legal residence. In other words, as long as the applicant meets the requirements up to the time of the decision, it is possible to legally support the validity of the application.

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What are the risks of postponing the application?

Postpone can mean:

  • Have to complete another five years of residence;
  • Having to submit new documents or face stricter criteria;
  • Facing more bureaucracy and longer processes;
  • Losing the opportunity to regularize their situation and advance in other areas of life, such as studies, public work or dual citizenship for their children.

What to do now?

If you have already completed five years of legal residence, don't wait any longer.

If you're about to complete it, prepare the documentation now so you don't waste time when you reach the requirement.

Each situation is unique, and a misinterpretation or a non-standard document can lead to a rejection. That's why it's best to have legal advice right from the start.

Specialized legal assistance

If you are entitled to Portuguese nationality by naturalization, now is the time to act.

The opportunity that exists today may no longer be available tomorrow.

At our office, we closely monitor all legislative changes and act with technical rigor in the preparation and monitoring of requests, with personalized, direct and secure service.

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