By Roberta Fraser, Lawyer and Managing Partner of BRF Legal
The Portuguese Nationality Law has, in recent years, undergone frequent changes, ceasing to be a stable regime and becoming a field of strong legislative intervention. We are once again about to go through another legislative change on the subject, with the second version of the bill currently in the hands of the President of the Republic, which, if enacted, points to a paradigm shift: from a relatively inclusive model to a more restrictive approach.
One of the most relevant changes concerns children born in Portugal to foreign parents. Until now, a minimal connection of the parents to the country was enough to guarantee nationality of origin. Under the new rules, it will be required that one of the parents has held legal residence for at least five years. This change significantly reduces the scope of jus soli, giving more weight to the formal status of the parents than to the reality of the child’s life.
In the case of grandchildren of Portuguese citizens, there is also a change. Access to nationality no longer rests mainly on family ties and knowledge of the language, and now requires broader proof of an effective connection to the country, including cultural and historical knowledge. This makes the process more demanding, especially for those with fewer resources.
Naturalization also undergoes profound changes. The residency period increases from five to seven years (for citizens of the CPLP and the European Union) or ten years (for all others). In addition, new requirements emerge, such as integration tests, knowledge of the legal system, and demonstration of economic capacity. Nationality thus ceases to be a predictable consequence of length of residence and comes to depend on a more complex set of conditions.
Holders of Residence Permits for Investment Purposes are also affected. The timeframe for accessing nationality becomes longer and the criteria more demanding, without a clear transitional regime. This raises questions of legal trust, since many investors made decisions based on the previous rules.
Another notable point is the end of the special regime for descendants of Sephardic Jews. Created as a form of historical reparation, this mechanism is now practically closed, reflecting a shift in political approach, from symbolic inclusion to a more restrictive logic.
Finally, worth highlighting is the introduction of the possibility of loss of nationality as a criminal sanction in serious cases. Although exceptional in application, this measure represents a significant break with the traditional principle that citizenship cannot be withdrawn by the State, becoming also an instrument of criminal policy.
Taken together, these changes bring Portugal closer to restrictive European models. Nationality becomes harder to obtain, more dependent on formal criteria, and more closely tied to security concerns. The debate thus ceases to be only about access, and comes to also encompass the conditions of belonging to the community.
While the new law has not yet entered into force, the current regime remains in place. Even so, the trend is clear: a progressive shift away from inclusive citizenship toward a more demanding and selective model.
