Permanent Residence or Citizenship: Which to Apply for Now

Anyone who has lived in Portugal for a few years eventually wonders what the next step should be: applying for a permanent residence permit, for EU long-term resident status, or waiting to apply for Portuguese citizenship. Since Organic Law 1/2026 (Lei Orgânica), which raised the period of residence required of Brazilians for naturalization to seven years, this question has become more relevant: for many, there will be two or more years between completing five years of residence and being able to apply for citizenship. In this article we compare the three options, with their requirements, rights, time frames and official costs, and present practical scenarios.

Permanent residence permit (Article 80)

Under Article 80 of Law 23/2007 (Lei), foreign nationals are entitled to a permanent residence permit if they cumulatively:

• have held a residence permit on a temporary basis for at least five years;
• have not, in the last five years, been sentenced to a penalty or penalties exceeding one year of imprisonment;
• have means of subsistence and accommodation;
• demonstrate knowledge of basic Portuguese.

Basic Portuguese for Brazilians: according to the AIMA page, proof may be provided, among other means, by a certificate of qualifications issued by an educational institution in a country whose official language is Portuguese. For most Brazilians, their Brazilian school transcript or diploma serves this purpose. AIMA also accepts, for example, a certificate at level A2 or higher from a Portuguese as a Host Language (Português Língua de Acolhimento) course or a test taken at a CAPLE center.

The permanent permit has no expiry, but the residence card must be renewed every five years or whenever the holder's identification details change (Article 76). It may be canceled if the holder, without good reason, is absent for 24 consecutive months or, within a three-year period, for 30 non-consecutive months (Article 85(2)(b)), unless the holder proves professional, business, cultural or social activity during the absence (paragraph 4). For the temporary permit, the limit is six consecutive months or eight non-consecutive months during the period of validity (subparagraph (a)).

Long-term resident status (Articles 125 et seq.)

EU long-term resident status (estatuto de residente de longa duração, ERLD) derives from Directive 2003/109/EC and is governed by Articles 125 to 133 of the Foreigners Act (Lei de Estrangeiros). It is granted to those who (Article 126):

• have had legal and continuous residence in Portugal for the five years immediately preceding the application;
• have stable and regular resources for themselves and their family, without recourse to the social solidarity subsystem;
• have health insurance (AIMA also accepts proof of coverage by the National Health Service) and accommodation;
• demonstrate proficiency in basic Portuguese.

Absences do not interrupt the five years if they are shorter than six consecutive months and do not exceed ten months in total (Article 126(4)). Time spent as a student counts for half (paragraph 3).

Two features set the ERLD apart. First, the time frame: the decision must be notified within six months, extendable by three, and failure to decide within nine months amounts to approval (Article 129, paragraphs 4 to 6). Second, mobility within the European Union: a long-term resident acquires the right to reside in another Member State for more than three months, under the conditions of the directive, to work, study or for other purposes (Article 14 of Directive 2003/109/EC). The EU long-term residence card is valid for at least five years and is renewable (Article 130). The status is lost, among other cases, upon absence from EU territory for 12 consecutive months or from Portugal for six years (Article 131).

Citizenship by naturalization after Organic Law 1/2026

For applications filed from May 19, 2026 onward, the Nationality Act (Lei da Nacionalidade) requires, among other things:

• seven years of legal residence for nationals of countries whose official language is Portuguese, such as Brazil, and of the European Union (Article 6(1)(b));
• consecutive or non-consecutive periods added together within a maximum window of nine years (Article 15(3));
• knowledge of Portuguese culture, history and national symbols, of fundamental rights and duties and of the political organization of the State, plus a declaration of adherence to the democratic rule of law; for Brazilians, knowledge of the language is presumed (Article 6(10));
• no convictions or threats of the kinds set out in the law, and the ability to support oneself.

Counting from the residence document: a person resides legally when they are in Portugal with their status regularized under residence cards, visas or permits (Article 15(1)). Organic Law 1/2026 repealed former paragraph 4 of Article 15, which allowed time to be counted from the residence permit application. For new applications, the time spent waiting on AIMA will, in principle, no longer count. The step-by-step calculation is in the article How to count the 7-year period.

Transitional regime: proceedings pending on May 19, 2026 are governed by the previous law, with the five-year requirement (Article 7 of Organic Law 1/2026), as confirmed by the Portuguese Ministry of Justice. Anyone who completed five years but did not apply by May 18, 2026 is subject to the new rules.

Permanent residence is not a requirement for naturalization. A holder of a temporary permit can apply for citizenship directly, provided the seven years and the other requirements are met.

Want to know on what date you complete each period? Send us the history of your residence permits: our team reconstructs the periods and tells you which application is possible now and which will be possible later.

Comparison of rights

• Stability: the permanent permit and the ERLD are permanent in nature, with cards renewable every five years; citizenship is definitive.
• Absences: for the permanent permit, 24 consecutive months or 30 non-consecutive months within three years; for the ERLD, 12 months outside the EU or six years outside Portugal; for citizenship, there is no limit on absences.
• EU mobility: the ERLD gives the right to reside in another Member State under the conditions of the directive; Portuguese citizenship gives European Union citizenship; the permanent permit, by itself, does not bring these advantages.
• Equal treatment: the ERLD ensures equal treatment with nationals in employment, education, social security, tax benefits and health care, among other matters (Article 133).
• Family: a family member reunited with the holder of a permanent permit is issued a two-year permit, renewable for three years (Article 107(2)).
• Political rights and equality status: regardless of the type of permit, a Brazilian with habitual residence may apply for the equality status (estatuto de igualdade) provided for in the Treaty of Friendship between Brazil and Portugal (Tratado de Amizade) (Article 15); political rights require three years of habitual residence (Article 17). With citizenship, political rights are full.
• Brazilian citizenship: since Constitutional Amendment 131/2023 (Emenda Constitucional), a Brazilian loses citizenship only upon express request or cancellation of naturalization (Article 12, § 4, of the Constitution). Becoming a naturalized Portuguese citizen therefore does not entail the loss of Brazilian citizenship.

Official time frames and costs

• Permanent permit: follows AIMA's general time frame for decisions on grants, 90 days, extendable by 30 in exceptional circumstances (Article 82(5)). According to the fee schedule published by AIMA (Ministerial Order 307/2023 (Portaria)), the grant carries a fee of €351.10 for in-person service, plus €133.00 for receipt and review; the same schedule states that Brazilian nationals are exempt from fees for granting or renewing residence permits, bearing the charges for receipt and review and for forms and cards (€79.10). Reduced amounts apply to applications through the digital channel.
• ERLD: decision within six months, extendable by three, with tacit approval at nine months. The schedule lists €169.20 for receipt and review and €160.50 for issuing the EU card, for in-person service.
• Citizenship: the IRN fee for naturalization of adults is €250 (IRN fee table). The law does not set a decision time frame that can be reliably stated, and actual processing times vary widely.

Practical scenarios

1. Five years of temporary residence, seven only in 2028

Mariana received her first permit in March 2021. She completed five years in March 2026 and will only complete seven in March 2028. Applying for the permanent permit now gives her status more stability (renewal every five years, more flexible absence rules) while she waits for citizenship. If she plans to work in another EU country, it is worth comparing with the ERLD.

2. Someone who travels to Brazil often

Ricardo spends long periods in Brazil caring for his parents. For him, the absence rules weigh more: the temporary permit tolerates six consecutive months; the permanent permit, 24. For the ERLD, absences of six consecutive months or more than ten in total interrupt the five-year count. For citizenship, the periods must fit within the nine-year window.

3. Citizenship application filed before May 19, 2026

Anyone who submitted an application by May 18, 2026 is governed by the previous law. While the case is being processed, the residence card remains the document that proves lawful status in Portugal; it is therefore advisable to keep it valid and, if already possible, to consider the permanent permit.

4. Family with children

Each family member has their own residence count and their own requirements. Minor children are subject to specific citizenship rules that we do not cover here; the analysis must be done person by person.

Common mistakes

• Assuming permanent residence is a mandatory step toward citizenship. It is not.
• Counting the seven years from the expression of interest (manifestação de interesse) or from the application. For new applications, what counts is residence under a residence card, visa or permit.
• Forgetting about absences. Each option has its own rule.
• Letting the residence card expire while waiting for citizenship. Periods without regularized status may be left out of the count.
• Overlooking proof of Portuguese for the permanent permit. For Brazilians it is usually simple, but it must be included in the application.

When to consult a lawyer

It makes sense to seek advice when there are gaps in your residence permit history, expired permits, a change in type of permit, long absences, plans to live in another EU country, or a citizenship application filed close to May 19, 2026. Sene & Araújo has lawyers in São Paulo and Albufeira and assists Brazilians with residence permits and citizenship by length of residence. The decision always rests with AIMA or the citizenship authorities. Talk to our team.

• Law 23/2007 — Foreigners Act (Lei de Estrangeiros) (Arts. 76, 80, 82, 85, 107 and 125 to 133)
• AIMA — Permanent residence permit (Art. 80)
• AIMA — Acquisition of long-term resident status (Art. 125)
• AIMA — Fee schedule (Ministerial Order 307/2023)
• Directive 2003/109/EC (Arts. 11 and 14)
• Organic Law 1/2026 of May 18 (Arts. 5 and 7; Arts. 6 and 15 of Law 37/81 as republished)
• Law 37/81 — Nationality Act (Lei da Nacionalidade), consolidated version
• justica.gov.pt — Nationality Act: new rules take effect on May 19
• IRN — Service fees (naturalization, €250)
• Decree 3,927/2001 — Brazil–Portugal Treaty of Friendship, Cooperation and Consultation (Arts. 12 to 17)
• Brazilian Federal Constitution (Art. 12, § 4, as amended by Constitutional Amendment 131/2023)

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.