Changes to Immigration, Border Control and Nationality

As part of this effort, the Government has proposed a reform of the Nationality Law.

Original Nationality

One of the most significant changes relates to the criteria for acquiring Portuguese nationality, depending on whether it is by origin or derived (i.e., through naturalisation).

The automatic granting of nationality by origin to children of foreign nationals born in Portuguese territory will cease. From now on, at the time of birth, the parents must have held legal residence in Portugal for at least three years. Furthermore, an express declaration of intent from the parents will be required for the child to obtain Portuguese citizenship.

According to the Government, this measure aims to ensure a stronger and more lasting connection to the country.

Nationality by Naturalisation

In the case of derived nationality, that is, through naturalisation, the requirements have been substantially tightened, with the Government establishing new timelines and criteria.

Currently, the minimum period of residence in Portugal required to acquire nationality is five years for any foreign citizen. Under the new proposal presented on Monday, this minimum residence period will be extended. Citizens from the Community of Portuguese Language Countries (CPLP) must demonstrate seven years of legal residence in Portugal, while nationals of other countries will be required to show ten years. It is important to note that the residency period will now begin from the date of issuance of the residence permit, and no longer from the date of entry into the country or the date of the nationality request.

In addition to the time requirement, applicants must demonstrate sufficient knowledge of the Portuguese language, as well as a basic understanding of national culture, fundamental rights and duties, and the political structure of the State. A personal declaration of commitment to the principles of the democratic rule of law will also be required. This replaces the current A2-level language requirement.

Nationality by descent will now be limited to great-grandchildren. This is a more restrictive criterion compared to the current rule, which allows individuals with at least one second-degree direct-line ancestor of Portuguese origin who has not lost that nationality, and who declare their wish to be Portuguese and demonstrate effective ties to the national community, to acquire nationality.

Impediments and Loss of Nationality

The new framework also introduces stricter rules regarding impediments and the loss of nationality for dual nationals who have been naturalised for less than ten years. Individuals with criminal records will no longer be eligible to initiate nationality processes if they have been convicted of crimes such as homicide, terrorism, or crimes against the State, resulting in a custodial sentence exceeding five years and with a final judicial ruling.

This will function as an ancillary penalty, and may only be imposed by a judge within the context of judicial proceedings, based on proportionality and the seriousness of the specific offence.

Abolition of Special Regimes

Among the changes—particularly regarding special regimes—is the abolition of the nationality regime for descendants of Sephardic Jews, bringing an end to a special mechanism that had been in place for several years.

Changes to the Immigration and Borders Law

In addition to the amendments to the Nationality Law, the Government also proposed changes to the Immigration and Borders Law.

Key changes include the reorganisation of legal entry channels into the country, aiming to enhance clarity and efficiency in the processes for the entry and stay of foreigners in Portuguese territory.

Portugal will now structure migration flows under three main regimes: CPLP, Family Reunification, and the Job-Seeker Visa (VPT).

Job-Seeker Visa

The VPT will be reserved exclusively for highly qualified professionals, aligned with national goals for attracting talent. The Government also intends to establish agreements with universities and research institutions to facilitate the entry of international students and researchers. The Immigration and Mobility Agency (AIMA) will create a dedicated channel to streamline these applications.

Family Reunification

Requirements for family reunification will also become significantly stricter. The applicant must prove a minimum of two years of legal residence in Portugal. They must also demonstrate the availability of adequate housing and sufficient income to support their family members, excluding any form of social support.

Another key change is that family reunification within Portuguese territory will be limited to minor children. Other relatives, such as parents or adult children, must apply from their country of origin.

Additionally, attending Portuguese language courses will become mandatory for reunited family members, and in the case of minors, school enrolment and attendance will be compulsory.

Reunification applications may be refused if there is a risk to public security, and AIMA will schedule appointments based on its administrative capacity. Renewals of residence permits will also change: the previous system of tacit approval will no longer apply. Requests not processed within the legal timeframe will no longer be automatically approved.

CPLP Regime

With respect to the CPLP regime, the Mobility Agreement remains in force for the granting of visas and residence permits. However, under the new rules, only citizens holding valid residence visas will be eligible for residence permits. The provision that previously allowed for the regularisation of individuals who entered as tourists will be eliminated.

Additionally, a prior opinion from the Foreigners Oversight Council (CFE) will be required for the issuance of visas and residence permits under this regime, taking into account the applicant’s country of origin and the national migratory context.

Residence Permit Renewals

To address the high number of expired residence permits, their validity has been extended until 15 October 2025. AIMA will establish a direct communication channel with residence permit holders for the renewal process. It will begin with payment of the relevant fee, after which the applicant will be scheduled for an in-person appointment to complete the renewal.

In summary, these changes mark a new phase in Portugal’s migration policy, characterised by a more demanding and structured approach focused on effective integration and reinforcing the commitment to the values of the rule of law. For foreign citizens, as well as businesses, academic institutions, and organisations working in the field of immigration, it is essential to understand this new legal framework and prepare for the challenges and opportunities it presents.

We will closely monitor these proposals and promptly inform our clients of any developments.