The Portuguese government has introduced changes to the legal framework governing the attribution and acquisition of nationality, aiming to counter the perception abroad that Portuguese nationality is “easy to obtain.” The government argues this belief has exacerbated a surge in applications, fueled by multiple unprecedented pathways to citizenship.
According to the current legislation, Portuguese nationality often serves as a “nationality of convenience,” primarily used to gain access to European citizenship. This has turned Portugal into a gateway for individuals aiming to move to more prosperous EU Member States with stricter immigration and nationality policies.
The proposal highlights the global prominence of migration and citizenship issues, noting that nationality regimes adopted by one EU Member State can impact others. It points to signals of Portugal’s diminished credibility due to a perceived lack of genuine connection by many Portuguese passport holders globally. The proposal adds that such a permissive nationality access regime undermines the credibility of Portugal’s foreign policy.
The new legislation outlines revised residency requirements for acquiring Portuguese nationality: four years for stateless persons, seven years for citizens from Portuguese-speaking countries, and ten years for citizens from other nations.
The proposal introduces a ten-year period during which naturalized citizens could lose their nationality if they commit serious crimes warranting heavy sentences of at least five years under Portuguese law.
However, the diploma indicates that any loss of nationality must be assessed specifically and adjudicated by a judge in accordance with legal parameters, acknowledging accusations from opposition parties of unconstitutional provisions.
The residency requirement for parents wishing to naturalize a child born in Portugal is extended from one to three years. The process will no longer be automatic, requiring a “positive declaration of intent” from the parent.
Apart from Portuguese language proficiency, applicants must now demonstrate knowledge of fundamental rights and duties linked to nationality and the political organization of the Republic, along with a personal solemn declaration of adherence to the democratic rule of law principles as constitutionally defined.
The proposal raises the standard of criminal background checks, disqualifying applicants with effective prison sentences from naturalization, as opposed to the previous three-year threshold.
The introduction recalls the 1981 law amendments, including 1994 and 2018 changes, which set rules for the naturalization of foreigners and recognition of rights for Portuguese descendants.
The new diploma echoes an ancestral view of nationality as more than a legal indicator of belonging and cultural identification, but as a bond of true loyalty and exclusivity.
In 1994, legislation was amended to impose a residency period between six and ten years for those from Portuguese-speaking and other countries, requiring applicants to demonstrate a meaningful connection to the national community.
In 2018, the general naturalization period was reduced to five years, and numerous nationality access routes bypassed some general requirements, allegedly causing negative impacts across various societal domains.
This legal change led to a significant rise in nationalities granted to individuals lacking a solid connection to the political community, alongside a backlog of applications overloading public services.
The government asserts this caused a disruptive effect on already fragile immigration policies, contributing to an abrupt and unregulated migratory surge and an increase in nationality registrations and naturalization requests without regular residency or genuine national integration of the applicants.
The proposal contends that granting Portuguese nationality does not miraculously resolve the issues associated with a permissive immigration policy lacking concrete integration measures. Despite losing the formal status of foreigners, individuals continue to face problems of social exclusion, poverty, labor market access, education, culture, and even urban segregation. More complex integration issues remain unsolvable by decree, even with Portuguese nationality.
