Citizenship: How to Count the 7 Years After Organic Law 1/2026

Organic Law 1/2026 (Lei Orgânica) increased to seven years the length of legal residence required of Brazilians for Portuguese naturalization and changed how that time is counted. The overall picture of the reform is in the article New Nationality Act: what changed for Brazilians. Here the focus is different: how to do the math in your case, when the clock starts running, what happens with interruptions, and in which situations the five years under the old law still apply.

The rule in one sentence

A Brazilian national needs seven years of legal residence in Portugal, completed at the time of the application, adding up consecutive or non-consecutive periods that fit within a maximum interval of nine years (Articles 6(1)(b) and 15(3) of the Nationality Act, as worded by Organic Law 1/2026).

• Seven years applies to nationals of Portuguese-speaking countries and European Union citizens; ten years, to everyone else.
• The maximum interval is 9 years for those entitled to the 7-year period, 12 years for those who need 10, and 6 years for stateless persons.
• The requirements must be met "at the time of the application" (Article 6(1)). Applying before completing the required time exposes the case to denial.

When does it start counting: card, visa or application?

A person resides legally in Portugal if they are here with their status regularized before the authorities, under any of the cards, visas or permits provided for in the Foreigners Act or in the asylum regime (Article 15(1)). Special regimes arising from treaties are preserved, namely within the European Union and the CPLP (paragraph 2).

Time spent waiting on the application no longer counts

Since 2024, paragraph 4 of Article 15, introduced by Organic Law 1/2024, required the time elapsed since the temporary residence permit was applied for to be counted as well, provided the permit was eventually granted. Organic Law 1/2026 repealed that paragraph (Article 5). For citizenship applications filed on or after May 19, 2026, the time during which the person was merely waiting for AIMA's decision, without a visa or residence card, in principle no longer counts.

What about the expression of interest?

The expression of interest (manifestação de interesse) was neither a residence card nor a visa. With the repeal of paragraph 4, the period between the expression of interest and the grant of the residence permit is, as a rule, left out of the count. Time starts counting from when the person's status was regularized with the residence permit.

How the time is proven

For naturalization, the Portuguese Nationality Regulation requires a document issued by AIMA proving legal residence under the cards, visas or permits, unless exempted from submission under Article 37 (Article 19(2)(b) of Decree-Law 237-A/2006). Organic Law 1/2026 gave the Government 90 days to adapt the Regulation (Article 4). In the consolidated version in the Diário da República, consulted on September 30, 2026, Article 19 still refers to the five years under the previous law.

Practical examples with dates

The examples below are illustrative and assume that all residence cards were renewed on time and that there were no other interruptions.

Example 1: entry with a residence visa

Ana entered Portugal on March 10, 2020 with a D7 residence visa and received her first residence permit on September 15, 2020, renewed since then.

• Under the more cautious reading, counting only from the residence permit, the seven years are completed on September 15, 2027.
• Because Article 15(1) also mentions "visas," some count from entry with the residence visa, which would lead to March 10, 2027. It is AIMA's document that will indicate the recognized period; until then, the cautious reading is the most prudent.

Example 2: expression of interest

Bruno filed an expression of interest on June 20, 2019 and the residence permit was granted on February 5, 2022. Under the current law, the count starts on February 5, 2022, and the seven years are completed on February 5, 2029. The waiting period from 2019 to 2022 does not, in principle, count.

Example 3: interruption within the nine-year window

Carla held a residence permit from February 1, 2017 to February 1, 2021, returned to Brazil and came back with a new permit on August 1, 2022. On October 1, 2026, the nine-year window starts on October 1, 2017. Within it, Carla adds up 3 years and 4 months (from October 1, 2017 to February 1, 2021) plus 4 years and 2 months (from August 1, 2022 to October 1, 2026): 7 years and 6 months. The time requirement is met, because both periods fit within the maximum interval.

Example 4: interruption too long

Diego lived in Portugal with a residence permit from March 1, 2014 to March 1, 2018 and only returned, with a new permit, on March 1, 2022. On October 1, 2026, for example, the nine-year window starts on October 1, 2017 and reaches only five months of the first period; from March 1, 2027 on, it no longer reaches any of it. On no date does the total reach seven years with the help of the first period, and Diego will need seven years counted from the second period alone: March 1, 2029. The four earlier years can no longer be used.

Example 5: completed five years but did not apply

Eduarda completed five years of legal residence on April 1, 2026, but is only now going to apply for citizenship. Because the application is filed after May 19, 2026, the new law applies, and she needs seven years: April 1, 2028. The law did not create a special regime for those who were close to the old deadline.

Want to know your date? Send us the history of your residence cards: our team reconstructs the periods, checks the nine-year window and indicates the likely date from which the application may be filed.

The transitional regime: when the five years still apply

Article 7 of Organic Law 1/2026 provides that the law takes effect from its entry into force, on May 19, 2026, and that the Nationality Act as previously worded applies to administrative procedures pending on that date (Article 7(1) and (2)). The Ministry of Justice announcement confirms this: the new rules apply only to applications filed after the entry into force.

• Application filed on or before May 18, 2026: follows the previous law, with the five years, the 15-year window and, where applicable, counting from the residence permit application (Article 15(3) and (4), as worded by Organic Law 1/2024).
• Online application: the IRN (Institute of Registries and Notary) stated on May 7, 2026 that, for applying the amendments, what counts is the date of submission on the online platform (IRN notice).
• Application filed on or after May 19, 2026: seven years, a nine-year window and no counting from the permit application.

One relevant detail: the first version of the reform, Decree 17/XVII (Decreto), provided that pending applications would be decided under the requirements of the previous law as met on the date of the application, with interpretive effect. The Constitutional Court (Tribunal Constitucional) held that provision unconstitutional (Ruling 1133/2025). Organic Law 1/2026 did not reinstate that provision: its Article 7 has only the two paragraphs described above.

If your case is pending and delayed, see our page on urgent measures in citizenship proceedings.

Checklist for doing your own count

1. copies of all residence cards, with their issue and expiry dates;
2. residence visa and stamp or record of entry into Portugal, if any;
3. proof of renewal and payment, especially for periods when the card had expired;
4. a record of absences from the country and the reason for each;
5. EU citizen registration certificate, if you reside as a European citizen (for example, with Italian citizenship);
6. receipt number and submission date of any citizenship application already filed.

Common mistakes

• Counting from the expression of interest in new applications. That count depended on Article 15(4), which has been repealed.
• Adding periods outside the nine-year window. Older periods may be left out.
• Ignoring gaps with an expired card. Periods without regularized status may not count.
• Applying before completing the required time. The requirements must be met at the time of the application.
• Forgetting the other requirements. In addition to the time, the law requires knowledge of the culture, history and national symbols, and of rights and duties, among others. For Brazilians, only knowledge of the language is presumed (Article 6(10)).

When it makes sense to consult a lawyer

When there are interruptions, expired cards, an expression of interest in the history, changes in the type of permit, or an application filed close to May 19, 2026. In these cases, the start date of the count and the applicable law may change the outcome. Sene & Araújo has lawyers in São Paulo and in Albufeira and handles Portuguese citizenship applications for Brazilians. The decision always rests with the Portuguese authorities. Talk to our team, see the page on citizenship by length of residence or our step-by-step guide to Portuguese citizenship.

• Organic Law 1/2026, of May 18 (Arts. 4, 5, 7 and 8; Arts. 6 and 15 of Law 37/81 as republished)
• Law 37/81 — Nationality Act, consolidated version (Arts. 6 and 15)
• Organic Law 1/2024, of March 5 (Art. 15(3) and (4), in the previous wording)
• Portuguese Nationality Regulation (Regulamento da Nacionalidade Portuguesa) — Decree-Law 237-A/2006, consolidated version (Arts. 19 and 37)
• Constitutional Court (Tribunal Constitucional) — Ruling 1133/2025, of December 15 (Decree 17/XVII)
• IRN — Citizenship applications submitted online (May 7, 2026)
• justica.gov.pt — Nationality Act: new rules take effect on May 19

Sene & Araújo Sociedade de Advogados team. Content prepared and reviewed by the firm's lawyers, admitted to the Brazilian Bar Association (OAB) and the Portuguese Bar Association (Ordem dos Advogados), with offices in São Paulo and Albufeira. The provisions cited were checked against the official sources listed above. Meet the team.