New Residency Time Calculation for Portuguese Nationality: What Changes and How It Impacts Applicants?

Acquiring Portuguese nationality is a crucial topic for foreign residents who see Portugal as their home. With the publication of Organic Law No. 1/2024, a fundamental change was introduced in the calculation of the legal residency period required to obtain Portuguese citizenship by naturalization. This change aims to make the process fairer and more efficient, especially for those who faced long waiting periods due to bureaucratic delays.

What Has Changed in the Residency Time Calculation?

Previously, the residency period in Portugal was only counted from the date of issuance of the first residence permit. With the new legislative amendment, the legal residency period is now counted from the date of the application for a temporary residence permit.

This modification brings clear benefits, as it includes the waiting time until the approval of the residence request – a period that, until now, was not considered for nationality purposes.

Thus, the five years of residency required to obtain Portuguese nationality now start counting from the moment the applicant submits the application for a temporary residence permit, rather than only when it is granted.

Implementation of the New Law by AIMA

The Agency for Immigration and Mobility (AIMA), which replaced the SEF, was entrusted with the immediate implementation of this new regime. Although some opinions suggested that the government should regulate this change through a complementary decree, the approved legislation is clear and did not require additional regulation for its implementation.

Therefore, after the 90-day period for potential regulatory adjustments – with no new legislation being passed – AIMA began directly applying the new rule, ensuring that applicants benefit from the retroactive counting of their residency period.

How Does This Impact Foreigners Seeking Portuguese Nationality?

Benefits

1. Fairer process – Those who already live in Portugal and are waiting for their residence permits will no longer be penalized by losing months or even years in the calculation of the required time for nationality.
2. Less impact from administrative delays – Reduces uncertainty caused by immigration service delays, ensuring that the residency period calculation is not dependent on the speed of processing by authorities.
3.  Faster access to nationality – Many foreign residents may reach the necessary criteria for nationality sooner.

Challenges

1. Adaptation of internal procedures – AIMA’s implementation may lead to a transition period with possible doubts about the practical application of the new rule.
2. Pending applications – Those who submitted applications before the law change may require specific follow-up to ensure their residency time is correctly counted.

What to Expect from the New System?

This change in residency time calculation for acquiring Portuguese nationality is a significant step forward, aligning Portugal with a fairer and more efficient practice. For those who already legally reside in the country and are waiting for the opportunity to become Portuguese citizens, this modification simplifies and accelerates the nationality process.

If you want to understand how this change may impact your nationality process or need specialized legal support, the MATLAW team is available to assist you at every stage of your Portuguese citizenship application.

Contact us for personalized advice!