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On 5 January 2024, the Portuguese Parliament approved several changes to the Nationality Law.
Despite the fact that the law has only been approved by Parliament and is yet to be enacted by the President of the Republic and published in Diário da República (Official Gazette of the Republic of Portugal), (see details below), it is clear that one of the main changes approved will have a major impact on the calculation of the 5-year period required to apply for Portuguese nationality.
While this 5-year period used to start counting only upon the actual and effective issue of the residence permit, the new amendment introduced to Article 15 of the Nationality Law sets the relevant date for calculating this 5-year period as the date of submission of the temporary residence permit application.
In practical terms, this means that the relevant deadline to be considered for the purposes of applying for the Portuguese Nationality will be the date of submission of the golden visa or (other) residence permit and not the date of issue of the residency permit.
These amendments are particularly beneficial for those who applied for or obtained residency in Portugal, as they address the challenges posed by the various backlogs in the processing of applications that have been experienced by applicants since 2019/2020, particularly with regard to golden visa applications.
In practical terms, following this amendment to the law:
- Applicants who applied for a residency permit in 2019 (provided their residency permits have already been approved and the other requirements for such purpose are met), may now apply for Portuguese nationality in 2024.
- Applicants who applied for a residency permit in 2020 (provided their residency permits have already been approved and the other requirements for such purpose are met), may now apply for Portuguese nationality in 2025.
- Applicants who applied for a residency permit in 2021 (provided their residency permits have already been approved and the other requirements for such purpose are met), may now apply for Portuguese nationality in 2026.
- Applicants that wish to apply for residency in early 2024 can expect to be eligible to apply for Portuguese nationality in 2029, irrespective of any delays in the processing of their application.
Entry into force of the proposed changes to the Portuguese Nationality Law
One must bear in mind that these changes will only come into force one month after they are published in the Diário da República (Official Gazette of the Republic of Portugal), following their enactment by the President.
The President is expected to enact the draft law within 20 days of receiving it (which has not occurred yet).