New Portuguese nationality law: what changed in 2026 for Brazilians

Article 6 of Law 37/81 now requires, at the time of application, legal residence in Portugal for at least seven years for nationals of Portuguese-speaking countries and citizens of the European Union, and ten years for nationals of other countries ¹. Under the previous rule, the period was five years ². For a Brazilian, the wait became two years longer.

The full list of requirements of article 6(1) is now this ¹:

• being of age;
• seven years of legal residence (in the case of Brazilians);
• proving, by test or certificate, sufficient knowledge of the Portuguese language and culture, history and national symbols;
• knowing the fundamental rights and duties and the political organisation of the Portuguese State;
• solemnly declaring adherence to the principles of the democratic rule of law;
• not having a final conviction to an effective prison sentence of more than 3 years for the listed crimes (terrorism, violent crime, highly organised crime, crimes against state security, aiding illegal immigration);
• not representing a threat to national security or defence and not being subject to UN or European Union sanctions;
• being able to support yourself.

For nationals of Portuguese-speaking countries, the law presumes the language requirement is met, unless there is a manifest lack of command ¹. The previous wording asked only for sufficient knowledge of the Portuguese language ²; proof of knowledge of the culture, history and national symbols is now required of everyone, Brazilians included ¹.

Legal residence is that of someone who is in Portugal with a regularised status under any title, visa or permit provided for in the Foreigners Law or the asylum regime ¹. The law preserves the special treaty regimes, including those of the Community of Portuguese-Speaking Countries ¹.

Periods of legal residence can be added up, consecutive or with interruptions, as long as they fit within a maximum window of 9 years for Brazilians and other nationals of Portuguese-speaking countries and of the European Union, 12 years for other foreigners and 6 years for stateless persons ¹. In practice, if you add up seven years of legal residence within a nine-year window, you meet the period.

The law also repealed paragraph 4 of article 15 of the previous wording ¹. If you count on the time you waited for the AIMA decision, confirm with a lawyer how that period enters the count after the change.

Article 7 of Organic Law 1/2026 says the new law takes effect from its entry into force, and that the Nationality Law in its previous wording applies to administrative procedures pending on that date ¹. In simple terms: whoever had filed the nationality application by 18 May 2026 stays with the five-year rule; whoever applied from 19 May enters the seven-year rule.

Those who had a residence permit but had not yet applied for nationality fell under the new rule. Law firms point out that immediate application to these cases raises constitutional doubts and expect more litigation ⁴. Until a court decides the matter, plan with the seven-year period.

The law gave the Government 90 days, counted from publication, to amend the Portuguese Nationality Regulation (Decree-Law 237-A/2006) ¹. Practical procedures, such as forms and the format of the culture test, depend on that regulation.

The route for grandchildren remains original nationality. Portuguese by origin are those who have at least one ascendant of original Portuguese nationality in the 2nd degree of the direct line (grandfather or grandmother) who has not lost that nationality, if they declare that they want to be Portuguese and have ties of effective connection to the national community ¹.

The new wording added that this attribution presupposes the requirements of points c) to h) of article 6(1) ¹. This includes proof of knowledge of the Portuguese language and culture, history and symbols, knowledge of rights and duties and of the organisation of the State, the declaration of adherence to the principles of the rule of law and the absence of the listed convictions and risks ¹. Brazilians benefit from the presumption of knowledge of the language ¹.

For great-grandchildren (descendants in the 3rd degree of the direct line of original Portuguese citizens), the law provides for naturalisation with an exemption from the general residence period, as long as they have legal residence in Portugal for at least five years ¹.

• Children born in Portugal: they are Portuguese by origin, if they declare that they want to be, when one of the parents had been legally resident in Portugal for at least five years at the time of birth ¹.
• Marriage and stable union: a foreigner married for more than three years to a Portuguese citizen can acquire nationality by declaration; in a de facto union, also of more than three years, a court decision of recognition is needed ¹.
• Declarations at the consulate: nationality declarations at consulates must be made in person by the applicant, unless a physical impossibility is proved ¹.
• Biometric data: collected to confirm identity and can be checked against other databases ¹.

Many websites still show the five-year rule as in force. For applications filed from 19 May 2026, it does not apply ¹.