What happened
Portugal's Council of Ministers approved a decree-law at its meeting on 29 October 2026 to implement the new Nationality Law that has been in force since May. It is item 2 of the meeting's communiqué, which says the cabinet approved a decree-law regulating the new Nationality Law and giving concrete form to the new requirements for attributing and acquiring Portuguese nationality.
To judge what this approval actually changes, two layers of rules have to be kept apart.
The first is the statute. Organic Law 1/2026 (Lei Orgânica n.º 1/2026) was published in the Diário da República, series I, No. 95, on 18 May 2026 and, under its article 8, took effect the following day. It changed the substantive conditions for naturalisation: the residence period, knowledge of the Portuguese language and culture, knowledge of citizens' rights and duties and of the organisation of the state, a solemn declaration of adherence to the democratic rule of law, and the capacity to support oneself.
The second is the regulation. The decree-law approved this week amends the Portuguese Nationality Regulation (Regulamento da Nacionalidade Portuguesa, annexed to Decree-Law 237-A/2006) — the operating manual the registry institute, the IRN, actually applies at the counter and online: what is tested, how it is proved, how documents are filed.
That second layer is what the cabinet approved on 29 October. According to the communiqué, the decree-law sets the conditions under which the tests of knowledge of the Portuguese language, culture, history and institutions must be held, defines the framework for the "means of subsistence" (subsistência) requirement, sets out how the declaration of adherence to the principles of the democratic rule of law is to be made, and lays down the procedure for collecting biometric data. It also simplifies and digitalises processing and promotes data-sharing and document retrieval between public bodies, with the aim of cutting bureaucracy and speeding up decisions on nationality files.
But the text was not released that day. The details that matter most to applicants — what level the language test requires, who runs it, what income figure and which documents prove subsistence, whether the declaration is written or made in person, where biometrics are taken — have no official answer yet.
More important is the question of effect. The decree-law still needs promulgation by the President of the Republic, António José Seguro, and publication in the Diário da República before it applies. The government gave no timetable for either step. As of 1 November 2026, the only thing official Portuguese channels confirm is that the decree has been approved.
A deadline that had already passed
The statute set its own timetable. Article 4 of Organic Law 1/2026 required the government to make the necessary amendments to the Nationality Regulation "within 90 days of the publication of this law". Counting from publication on 18 May 2026, that deadline expired before this approval. The law attaches no consequence to the delay, and the regulation does not lapse for being late, so the practical result is this: the new substantive standards have applied since 19 May, while the operating rules were only approved at the end of October and have still not been published.
That gap leaves applicants in an uneven position. The residence period already follows the new law, while procedural detail continues to follow whatever in the old regulation does not conflict with it. Where the two conflict, the statute prevails; where the statute left a matter to the regulation — tests, proof, data collection — the registry can only handle cases under its existing guidance until the new text appears.
"Aprovou um Decreto-Lei que regulamenta a nova Lei da Nacionalidade, concretizando os novos requisitos de atribuição e aquisição da nacionalidade portuguesa." Translation: It approved a decree-law regulating the new Nationality Law, giving concrete form to the new requirements for the attribution and acquisition of Portuguese nationality.
Old rules against new: the clock moved, and so did the proof
The left column is the previous regime, which still governs applications filed on or before 18 May 2026 that have not been decided. The middle column is the law that applies to applications filed from 19 May 2026. The dividing line is not how long you have lived in Portugal; it is when you filed.
| Item | Previous regime (filed by 18 May 2026) | Law in force (filed from 19 May 2026) |
|---|---|---|
| Residence for naturalisation | Five years of legal residence | Seven years for nationals of Portuguese-speaking countries and EU member states; ten for nationals of other countries |
| Broken periods | May be added together | May be added together, within a maximum interval of six years (stateless persons), nine (Portuguese-speaking and EU nationals) or twelve (others) |
| Language and culture | Basic knowledge of Portuguese | A test or certificate showing sufficient knowledge of Portuguese, Portuguese culture, history and national symbols |
| Civic knowledge | No separate express requirement | Sufficient knowledge of the fundamental rights and duties attached to nationality and of the political organisation of the Portuguese state |
| Declaration | None | A solemn declaration of adherence to the fundamental principles of the democratic rule of law |
| Means of subsistence | No single quantified framework | Capacity to support oneself, with the standard set by the regulation |
| Biometrics | No specific provision | Required by statute, with the procedure set by the regulation |
| Children born in Portugal | One parent legally resident for five years at birth | Five years retained, with additional conditions for minors such as school attendance |
The details the decree-law is meant to settle, and on which there is still no official position — these are not "probable", they are confirmed as pending:
| Detail | Status |
|---|---|
| Format, level and organising body of the language, culture, history and institutions test | Unpublished |
| Which certificates can replace the test | Unpublished |
| Income figure and document list for proof of subsistence | Unpublished |
| How the democratic rule-of-law declaration is made | Unpublished |
| Where and how biometrics are collected | Unpublished |
| The decree-law's own entry into force | Unpublished |
Three things already settled
First, the dividing line is the filing date, not the years lived. Article 7(2) of the law provides that administrative procedures already pending when it took effect continue under the previous version of the Nationality Law. Files lodged on or before 18 May 2026 and still undecided therefore follow the old rules; anything filed from 19 May is assessed at seven or ten years. Holding a residence card for five years without ever filing does not fall inside that protection.
Second, Chinese nationals should plan on ten years. The seven-year path is only for nationals of Portuguese-speaking countries and EU member states. Putting ten years into the timetable is safer than assuming seven — particularly for families tying naturalisation to school transitions, asset disposals or parents joining them.
Third, the language and test requirements are already legal obligations, not something to wait on. Paragraphs (c), (d) and (e) of article 6(1) have applied since 19 May: a test or certificate, knowledge of rights, duties and state organisation, and a solemn declaration are hard conditions. What is missing is the operating detail, not the requirement.
Documents worth assembling now
Whatever the final regulation says, the following will be needed, and filing them early costs nothing:
- every residence permit issued and renewed, with the dates on the card and the decision from AIMA or its predecessor;
- evidence of continuous residence: annual tax returns, social security records, leases and utility bills, school enrolment letters for children;
- entry and exit records, to explain time spent outside Portugal;
- proof of any application already filed: the platform timestamp, payment receipt, file number, courier signature;
- existing Portuguese-language evidence: course certificates and exam results, archived for now, to be judged against the regulation when it appears.
Households using the golden visa have an extra layer to compute. The investment menu was changed in an earlier reform, and buying property directly is no longer a qualifying route, while a longer citizenship clock changes the payback period of the whole project. Residence rights, Schengen travel and family inclusion remain, but the old arithmetic of "one investment, one passport" no longer holds.
- Can I file under the new regulation now?
- Not "under the new regulation", but you can file. The regulation has not been published, so the test format, the subsistence standard and the biometric procedure have no official position; meanwhile the new Nationality Law has been in force since 19 May 2026, and the residence periods and substantive requirements follow it. In practice the registry applies the law where it is clear and existing guidance where the regulation is still needed. The safer order is to file under the current requirements, keep the timestamp, and top up documents once the decree appears.
- I have five years but never filed. How many years apply if I file now?
- Ten, for Chinese applicants. Article 7(2) protects only procedures already pending when the law took effect; anything filed from 19 May 2026 is assessed on the new standards, and Chinese nationals fall under ten years. Five years of residence without a filing does not sit inside that transitional protection. If you already qualify and intend to naturalise, filing earlier is better than later — the rules that apply are those in force on the filing date.
- How is residence counted for golden visa, D7 and D8 holders?
- Only periods of legal residence count, and they must be supported by a valid permit. The visa category does not change the seven- or ten-year period; what it changes is the evidence you can produce to show continuity. The golden visa's specific issue is not the clock but "effective connection": the reform's direction is to tie citizenship to a genuine link, and the regulation has not yet said how residence, tax and family ties will be weighed. Applicants who hold a card without living in Portugal should treat that as the main risk rather than counting years.
- Should I start preparing for the language test now?
- You can prepare, but do not spend money on a "level". The law already requires a test or certificate showing sufficient knowledge of Portuguese, Portuguese culture, history and national symbols; but the level (A2 or B1), the examining body and the syllabus have not been published. What is useful now is general Portuguese and Portuguese history and culture study, plus archiving certificates you already hold. Any claim that a specific level is "confirmed" has no official basis at present.
- What about children born in Portugal?
- A separate rule applies. Article 1(1)(f) and article 6(2) provide that a child born in Portugal to foreign parents acquires nationality by declaration where, at the time of birth, one parent had at least five years of legal residence, with additional conditions for minors such as school attendance. That five years is a condition on the parent, not a period the child must live in Portugal, and it is independent of the parents' own seven- or ten-year path. The government's press release of 29 October restated it.
AIAIG View
First, keep "approved" and "in force" apart. This approval changes the operating layer, not the naturalisation threshold — the threshold changed on 19 May 2026. Any family plan built on "the new rules are not in force yet, so five years still works" mixes the two layers, and that confusion costs five years of residence planning.
Second, rebuild the timetable around the filing date. If you have filed, fix the evidence (platform timestamp, payment receipt, file number). If you have not filed but already qualify, file compliantly and early, and record which version of the law applied on that date. The transitional clause protects a procedure, not an expectation.
Third, Chinese nationals should plan on ten years and treat seven as the exception. Fund lock-ups, school transitions and arrangements for parents should all be tested against a ten-year frame. A plan built on seven years will have to be rewritten in year five or six, when there is usually less room to manoeuvre than there is now.
Fourth, do not prepay for unpublished detail. Language level, examining body and income threshold have no official position, so signing up for courses, restructuring assets or buying "guaranteed pass" services now carries more risk than return. Two things are both safe and useful: assembling evidence, and building language ability.
Fifth, wait for the published text, not for an "interpretation". Once the decree appears in the Diário da República, the test and evidence rules follow the text. Every intermediary claim and second-hand reading before that — including this article — is reference material only. Complex cases (broken residence, long absences, past criminal records) belong with a Portuguese-qualified lawyer working from the final text.
This is general information and editorial judgement, not legal, tax or immigration advice. The binding conditions are those in the decree-law as published in the Diário da República and in registry guidance.
Sources
Last updated Nov 1, 2026