One of the most relevant changes involves how the residency period is calculated for individuals applying for Portuguese nationality. Under the revised interpretation, first introduced in 2024 and reaffirmed now, the start date for legal residence is no longer the date the residence card was issued, but rather the date when the application for residence was approved (deferimento). This change benefits applicants who had long delays between approval and issuance due to administrative backlog.

Importantly, the Council of Ministers clarified that this updated rule applies only to new applications submitted after the new decree takes effect. This provides legal certainty and avoids unfairly penalizing applicants already in the system.

The new rules also address late paternity recognition, and the route to citizenship for descendants of Portuguese Sephardic Jews – descendants of Jewish Communities who lived in Iberian Peninsula until their expulsion in the 15th century.

For those who establish paternity after reaching adulthood, the law upholds a transition period of three years (from the date the 2024 law came into force) during which they may apply for citizenship under the previous regime.

For Sephardic descendants, the new rule imposes a minimum of three years of legal residence in Portugal as a condition for naturalization, but those who submitted applications before this change are subject to the previous, less restrictive rules.

A central element of the 24 June decision is that these new rules do not apply retroactively. Applications submitted before the new decree enters into force will continue to be assessed under the previous legal framework.

This is essential from both a legal and constitutional standpoint and prevents unfair treatment of applicants who relied in good faith on the law as it existed at the time of their application.

According to the Portuguese Constitution, changes to nationality laws must be made through an organic law. Regulations or executive decrees cannot validly change core aspects, such as when the clock starts ticking for legal residence or the eligibility criteria for citizenship.

In 2024, the Portuguese Constitutional Court (TC) declared Article 56(1) of Decree-Law unconstitutional for precisely this reason. That provision attempted to alter the legal timeline for opposition by the Public Prosecutor in nationality cases, even though such matters are governed by organic law, not regulations.Applying a similar change retroactively to existing applicants would violate this same constitutional principle.

The Constitution also upholds the principle of legal certainty and the protection of legitimate expectations. This means that individuals have the right to rely on the law in force at the time when submitting their citizenship or residence application. Changing the rules midway through the process, would breach this constitutional protection. If you submitted your application before 24 June 2025, your case will continue under the previous rules.

If you plan to submit a new application, be aware that the new legal standards will apply, especially regarding when residence time begins, or if you are applying as a descendant of Sephardic Jews or under late paternity.

The changes introduced by the Council of Ministers in June represent a continuation of recent reforms in Portuguese nationality law. However, they were implemented with clear respect for constitutional boundaries, especially regarding non-retroactivity.

By ensuring that only new applications are subject to the updated rules, the government upholds the principles of legal certainty, legitimate expectation, and constitutional legality. For current applicants, this provides reassurance that their rights under the former system will be respected.

If you’re unsure which version of the law applies, consulting a legal professional or checking the date your application was officially submitted is highly recommended.