Portugal Citizenship Bill 2025 has just been published in the parliament’s website, and our team has carried out a preliminary analysis of the Government’s proposal (Proposta de Lei n.º 1/XVII/1.ª). Here’s what need to know.
Portugal has long been considered one of the most welcoming countries in Europe for expatriates, with its progressive nationality laws often cited as an example of integration and inclusivity. However, significant changes are on the horizon with the recently proposed amendments to the Portuguese Nationality Law. If you’re an expat considering applying for Portuguese nationality, understanding these proposed changes is essential.
1. Stricter Requirements on Residency and Legal Status
Under the new proposal, foreign parents must have at least three years of legal residence in Portugal at the time of their child’s birth for that child to be eligible for nationality. For minor children to naturalize, the bar is even higher, *five years of legal residence.This marks a shift from more flexible past policies, potentially excluding many families who have long considered Portugal home.
2. Goodbye to Automatic Nationality at Birth
Currently, certain children born in Portugal automatically acquire nationality. The proposed changes eliminate this automatic right (ope legis), making nationality conditional upon an express declaration of intent by the parents. For many expat families, this could introduce bureaucratic hurdles and delay the integration of their children.
3. Longer Residency Periods for Naturalization
If the law is approved, the standard residency period for naturalization will increase:
- From 5 to 7 years for nationals of Portuguese-speaking countries
- From 5 to 10 years for others
This change aligns Portugal more closely with restrictive EU norms, potentially affecting thousands of expats, especially non-EU residents.
4. Solemn Declaration of Adherence to Democratic Principles
New applicants would need to make a formal personal declaration of loyalty to the Portuguese democratic constitutional order. While symbolically significant, this requirement risks being a subjective filter, its interpretation could vary case by case.-
5. Retroactive Exclusion of Time Under Manifestação de Interesse
A particularly controversial proposal excludes the period of stay in Portugal under a manifestação de interesse (a pathway used by many third-country nationals while awaiting residence permits) from counting toward the required legal residence period.
The bill retroactively disqualifies that time from counting, potentially disqualifying thousands of applicants.
This undermines the good-faith efforts of expats who have lived, worked, and integrated while waiting for documentation—again clashing with legal certainty and trust in the state.
6. Risk of Losing Nationality After Naturalization
A new rule would allow courts to revoke the nationality of naturalized citizens convicted of serious crimes (e.g., terrorism or violent crimes) within ten years of naturalization, if they have another nationality. This could create legal uncertainty and affect the feeling of permanent belonging for some expats.
Furthermore, the bill does not explicitly safeguard against statelessness, a protection required under international law (see: Article 15 of the Universal Declaration of Human Rights and the European Convention on Nationality).
The lack of such protection may render this provision unconstitutional and internationally unlawful.
7. Removal of Sefardic Jewish Naturalization Path
Portugal had provided a path to nationality for descendants of Sephardic Jews, recognizing historical injustice. This provision is being revoked, signaling a move away from symbolic reparative citizenship.
8. Reduced Protection for Children’s Rights
Previously, children acquiring nationality benefited from a fast-track consolidation period of 18 months. The proposal eliminates this benefit, potentially leaving some minors in limbo regarding their legal status.
9. Legal Uncertainties
A. Proportionality and Constitutional Rights at Stake
The Portuguese Constitution (Art. 26) treats citizenship as a fundamental personal right. Any restriction on that right must meet the principle of proportionality (Art. 18).But this proposal:
- Demands longer periods of legal residency for children born in Portugal (3–5 years);
- Requires an express declaration of intent instead of automatic (ope legis) attribution;
- Introduces new subjective criteria, such as knowledge of Portuguese culture and democratic values.
These measures could disproportionately harm children born and integrated in Portugal, in potential violation of constitutional protections and case law from Portugal’s Constitutional Court.
B. Retroactive Effects Undermine Legal Trust
A central concern is legal uncertainty. The proposal applies new, stricter criteria to any application submitted after June 19, 2025, even if the procedure is still pending when the law comes into effect.
The government justifies this based on the political calendar, but constitutional principles require reasonable, predictable transitions, especially when affecting people who applied in good faith.This violates the principle of protection of legitimate expectations, as laid out in Article 2 of the Constitution and confirmed in Judgment 128/2024 of the Constitutional Court.
C. Equality Before the Law? Not Quite
The proposal introduces differential treatment for:
- Lusophone vs. non-Lusophone applicants;
- Stateless persons vs. other foreigners;
- Descendants of Sephardic Jews (whose expedited path to citizenship would be eliminated).
According to Article 13 of the Constitution, any distinction must be materially justified. Without clear and objective rationale, these changes may amount to unjustified discrimination, and risk being struck down by the courts.
Final Thoughts: A Time for Action and Informed Decisions
These Portugal Citizenship Bill 2025 changes significantly reshape the landscape of Portuguese nationality. They emphasize a stronger connection with the state, but at the cost of accessibility and flexibility.
If you’re considering applying for Portuguese nationality, now is the time to act. Applications submitted before the cut-off may still benefit from the current, more favorable legal regime.To ensure your specific situation is properly evaluated, we strongly recommend booking a consultation with a qualified legal advisor.
At Madeira Corporate Services, we invite you to book an appointment online by clicking “Book a meeting” in the top-right corner.
A professional consultation can help you:
- Clarify your eligibility
- Strategize your application timeline
- Navigate any upcoming changes with confidence-
Disclaimer: This blog post provides a general overview of the Portugal Citizenship Bill 2025 and should not be construed as legal advice. For personalized guidance, always consult a legal expert.
