Lei Orgânica n.º 1/2026 has now been published in Diário da República. This means Portugal’s 2026 nationality law change is no longer only a proposal, a parliamentary vote, or a news story.
The law was published on 18 May 2026 and, under its own Article 8, enters into force on the day after publication: 19 May 2026.
The short practical answer is this:
- new naturalisation applications from 19 May 2026 onward are expected to be assessed under the new rules
- EU and CPLP nationals now face a 7-year legal residence requirement for standard residence-based naturalisation
- other foreign nationals now face a 10-year legal residence requirement
- administrative procedures already pending when the law enters into force are protected by Article 7 and remain under the previous wording of the Nationality Law
- permanent residence after 5 years remains a separate AIMA route and is not the same thing as citizenship
Important: This guide explains the published law in plain English. It is not legal advice. If you already submitted, submitted close to the deadline, or submitted before fully completing the old 5-year period, get case-specific advice from IRN or a qualified Portuguese nationality lawyer.
Legal basis: the exact law and references
The official law is Lei Orgânica n.º 1/2026, de 18 de maio. Its summary says it is an amendment to Lei n.º 37/81, de 3 de outubro, which is Portugal’s Nationality Law.
The most important references for applicants are:
| Reference | Why it matters |
|---|---|
| Article 2 of Lei Orgânica n.º 1/2026 | Changes several articles of Lei n.º 37/81, including Article 6 on naturalisation. |
| Article 6(1)(b) of Lei n.º 37/81, as amended | Sets the new 7-year and 10-year residence periods. |
| Article 7 of Lei Orgânica n.º 1/2026 | Explains how the law applies in time, including pending procedures. |
| Article 8 of Lei Orgânica n.º 1/2026 | Says when the law enters into force. |
| Article 4 of Lei Orgânica n.º 1/2026 | Gives the Government 90 days to update the Portuguese Nationality Regulation. |
The new residence requirement: 7 years or 10 years
The key wording in the amended Article 6(1)(b) is:
“residirem legalmente no território português há pelo menos sete anos, no caso de nacionais de países de língua oficial portuguesa e de cidadãos de Estados-Membros da União Europeia, ou 10 anos, no caso de nacionais de outros países”
In plain English, for the standard naturalisation route by legal residence:
| Applicant group | New residence requirement |
|---|---|
| Nationals of Portuguese-speaking countries | 7 years |
| EU Member State citizens | 7 years |
| Nationals of other countries | 10 years |
Portuguese-speaking countries for this purpose means the CPLP member states: Brazil, Cape Verde, São Tomé and Príncipe, Guinea-Bissau, Mozambique, Angola, Timor-Leste and Equatorial Guinea.
This is the biggest change from the old 5-year expectation many residents were planning around.
For a deeper article focused only on the residence clock, see our Portugal citizenship residency requirement guide.
When did the law become active?
Article 8 says:
“A presente lei entra em vigor no dia seguinte ao da sua publicação.”
Because publication happened on 18 May 2026, the law enters into force on 19 May 2026.
This date matters because the transitional protection in Article 7 is based on whether a procedure was already pending at the date of entry into force.
Are pending applications protected?
Yes, but read this carefully.
Article 7(2) says:
“Aos procedimentos administrativos pendentes à data da entrada em vigor da presente lei aplica-se a Lei n.º 37/81, de 3 de outubro, na redação anterior à presente lei.”
In plain English: if your nationality procedure was already pending when the new law entered into force, the previous version of the Nationality Law applies to that pending administrative procedure.
This is the most important sentence for people who already submitted.
What you should keep if you already submitted
If you submitted before 19 May 2026, keep every proof you have:
- online submission confirmation
- payment receipt
- protocol number
- IRN email confirmation
- appointment or counter submission evidence
- courier or registered-mail proof, if applicable
- screenshots showing submission date and status
Do not rely on memory. For a pending-application argument, the date and proof of submission matter.
What if I submit my application today?
If you submit a new nationality application on or after 19 May 2026, you should assume the new law applies unless your case was already a pending administrative procedure before the law entered into force.
That means:
- EU and CPLP nationals generally need at least 7 years of legal residence
- other foreign nationals generally need at least 10 years of legal residence
If you are exactly on the edge, do not guess. Ask IRN or a lawyer before submitting, because an invalid or premature application can cost time and money.
I already completed 5 years before 19 May 2026 but did not submit. Am I protected?
Probably not by Article 7 alone.
The law protects pending administrative procedures. It does not say that everyone who had already completed 5 years before 19 May 2026 can still submit later under the old wording.
So if you completed 5 years before the new law entered into force but did not submit a nationality application before that date, a new application after entry into force is likely to face the new 7-year or 10-year requirement.
This is frustrating, but it is different from having a case already pending.
I submitted before 19 May 2026. Am I safely under the old 5-year rule?
In general, Article 7 is favourable for people whose procedures were already pending before entry into force.
But you should still be careful with the word “safe”. Protection depends on your application being treated as a pending administrative procedure. You should keep strong proof of submission and be ready to show that the procedure existed before 19 May 2026.
I submitted before completing 5 years. Does Article 7 protect me?
This is one of the trickiest questions.
Do not assume the answer is yes.
Article 7 protects pending administrative procedures, but it does not clearly say that an application submitted before meeting the legal residence requirement must be accepted under the old rule.
The key issue is whether IRN treats your file as a valid pending procedure or considers that you did not meet the legal requirements at the moment of the request.
If you submitted before completing 5 years, your case is higher risk. Get individual advice before relying on Article 7.
What else changed besides 7 and 10 years?
The amended Article 6 adds or changes several naturalisation requirements. Applicants may now need to show or declare more than before, including:
- sufficient knowledge of Portuguese language and culture
- knowledge of Portuguese history and national symbols
- knowledge of fundamental rights and duties linked to Portuguese nationality
- knowledge of the political organisation of the Portuguese State
- solemn declaration of adherence to the fundamental principles of the democratic rule of law
- capacity to ensure subsistence
- no relevant security or defence risk
- no applicable UN or EU restrictive measures
The practical details still need to be reflected in the Nationality Regulation and in IRN procedure.
The criminal record correction matters
The law page also shows it was corrected by Declaração de Retificação n.º 17/2026/1.
The important practical point is the corrected wording around serious convictions. The operative wording refers to a final conviction with an effective prison sentence of more than 3 years for listed categories of serious crimes.
What this means in practice: a suspended sentence, a fine, or a conviction that did not result in an effective custodial sentence of more than 3 years does not automatically put you in this category. Minor traffic offences, administrative infractions, and most civil matters are not in scope. What matters is whether there is a final criminal conviction with an effective prison sentence exceeding 3 years for the categories of serious offences listed in the law.
If you have any conviction on your record and are uncertain whether it is relevant, do not guess. Ask a lawyer to read the corrected wording directly against your specific situation.
This is why older summaries may already be slightly wrong. For sensitive details like criminal-record thresholds, use the official law and correction notice rather than social media posts or paraphrased summaries.
Does the clock still start from the residence application date?
The 2024 nationality-law change made the residence clock issue important because it allowed certain waiting time after a residence application to count once the residence title is granted.
Lei Orgânica n.º 1/2026 changes the required number of years for many applicants, but the practical counting of legal residence still needs careful reading with Article 15 and the updated regulation.
If your case involved long AIMA delays, keep proof of:
- first residence application date
- appointment date
- approval date
- first residence card issue date
- renewals and gaps
Do not rely only on the date printed on the card if your legal argument depends on earlier submission or administrative delay.
What about permanent residence after 5 years?
Permanent residence is separate from citizenship.
The new nationality law changes the residence period for naturalisation. It does not remove the standard immigration route where many residents can apply for Autorização de Residência Permanente after 5 years, if they meet the AIMA requirements.
This is now more important, not less. If you expected citizenship at year 5 but now face 7 or 10 years, permanent residence may be the practical status that gives you stability while you continue toward nationality.
Read our full guide: Portugal permanent residence after 5 years.
What still needs regulation?
Article 4 says the Government must make the necessary changes to the Portuguese Nationality Regulation within 90 days from publication.
This matters because the law gives the framework, but the regulation and IRN practice often define the practical details:
- what test or certificate proves Portuguese culture/history knowledge
- how the declaration of democratic principles will be made
- how subsistence will be checked
- what forms and document lists IRN will use
- how pending online applications will be treated operationally
So the law is now published, but practical implementation details may still develop.
The practical stance while you wait: if you are already building a citizenship file, continue gathering the documents you know are required — residence history, criminal record certificates, language evidence, and identity documents. These are unlikely to change. Hold off on anything tied to the new requirements — such as the history or civics knowledge certificate — until IRN publishes updated forms and the regulation clarifies what is accepted. Check the IRN website and the Justiça.gov.pt nationality page for updates as the 90-day window closes.
What applicants should do now
| Your situation | Practical move |
|---|---|
| You submitted before 19 May 2026 | Keep proof of submission and pending status. Track IRN communications carefully. |
| You completed 5 years but did not submit before 19 May 2026 | Assume the new law may apply. Check with IRN or a lawyer before spending money on a file. |
| You are EU or CPLP and near 7 years | Prepare documents early and watch for updated IRN forms and regulation. |
| You are non-EU/non-CPLP and between 5 and 10 years | Consider permanent residence if eligible and keep your citizenship documents updated. |
| You submitted before completing 5 years | Get individual advice. This is a legally sensitive edge case. |
| You are planning to move to Portugal now | Do not plan around a guaranteed 5-year passport. Plan for residence stability first. |
Frequently asked questions
What is Lei Orgânica n.º 1/2026?
Lei Orgânica n.º 1/2026, de 18 de maio, is the 2026 law that amends Portugal’s Nationality Law, Lei n.º 37/81, de 3 de outubro. It was published in Diário da República on 18 May 2026.
When does Lei Orgânica n.º 1/2026 enter into force?
Article 8 says the law enters into force on the day after publication. Since it was published on 18 May 2026, it enters into force on 19 May 2026.
Does the new Portugal nationality law apply to pending applications?
Article 7 says pending administrative procedures at the date of entry into force are governed by the previous wording of Lei n.º 37/81. In practical terms, if your procedure was already pending before 19 May 2026, you may be protected under the old law.
What counts as a pending administrative procedure?
The law uses the phrase “procedimentos administrativos pendentes”. It does not give a detailed checklist in Article 7. In practice, you want proof that your application was actually submitted and existed as an administrative procedure before entry into force.
I submitted my citizenship application before 19 May 2026. Am I under the old 5-year rule?
Generally, that is the favourable reading of Article 7 if your application was already a pending administrative procedure. Keep proof of submission, payment, protocol number and any IRN confirmation.
I reached 5 years before 19 May 2026 but did not submit. Can I still use the old rule?
Probably not. Article 7 protects pending administrative procedures. It does not clearly protect people who had eligibility under the old rule but had not yet submitted an application.
If I submit my application today, do I need 7 or 10 years?
If today is 19 May 2026 or later, a new application is likely under the new rule: 7 years for EU/CPLP nationals and 10 years for other nationals, unless your procedure was already pending before entry into force.
I submitted before completing 5 years. Am I protected?
Not automatically. This is a risky edge case because Article 7 protects pending procedures, but it does not clearly validate an application submitted before the residence requirement was met. Get case-specific legal advice.
Does the online submission date matter?
Yes, it may matter a lot. If you submitted online before entry into force, keep screenshots, receipts, protocol numbers and confirmation emails showing the date and status.
Does AIMA delay or residence-card delay count against me?
AIMA delays can matter when calculating residence time, especially because previous nationality-law changes addressed the residence-counting problem. Keep all proof of application, appointment, approval and card issue dates.
Are EU citizens now eligible after 7 years?
For standard residence-based naturalisation under the new Article 6(1)(b), EU Member State citizens need at least 7 years of legal residence.
Are CPLP citizens now eligible after 7 years?
For standard residence-based naturalisation under the new Article 6(1)(b), nationals of Portuguese-speaking countries need at least 7 years of legal residence.
Do non-EU/non-CPLP citizens now need 10 years?
For standard residence-based naturalisation under the new Article 6(1)(b), nationals of other countries need at least 10 years of legal residence.
Does permanent residence after 5 years still exist?
Yes. Permanent residence is an immigration status handled through AIMA. It is separate from Portuguese nationality. If you are at year 5, permanent residence may now be an important backup or stability step.
Will the Portuguese Nationality Regulation change too?
Yes. Article 4 gives the Government 90 days from publication to make the necessary changes to the Portuguese Nationality Regulation.
Bottom line
Lei Orgânica n.º 1/2026 is now published and in force. The practical split is clear:
- already pending before 19 May 2026: Article 7 may protect your case under the old wording — keep every proof of submission you have
- new application from 19 May 2026 onward: expect the 7-year or 10-year requirement depending on your nationality group
- 5 years completed but not submitted: do not assume old-law protection applies to you
- submitted before completing 5 years: get case-specific advice before relying on Article 7
The next 90 days matter. The Nationality Regulation must be updated by mid-August 2026, and IRN forms and procedures will follow. If you are building a file, focus now on documents you know are stable — residence history, criminal records, language proof — and wait for updated guidance before worrying about the new culture and civics requirements.
For many residents, the most useful immediate step is securing permanent residence at year five rather than waiting years in limbo on temporary renewals. That guide is here.