New Nationality Act (Organic Law 1/2026): What Changed for Brazilians

On May 18, 2026, Organic Law 1/2026 (Lei Orgânica) was published in the Diário da República, amending the Portuguese Nationality Act (Law 37/81, Lei da Nacionalidade). The law entered into force the following day, May 19, 2026, and changed key points for Brazilians: the length of residence required for naturalization, the way that time is counted, the knowledge required, the rules for grandchildren and great-grandchildren, and the possibility of naturalization for ascendants of Portuguese citizens. See what has changed and what remains the same.

Naturalization: 7 years for Brazilians, 10 years for others

Before the reform, naturalization by length of residence required five years of legal residence. Now, Art. 6(1)(b) requires:

• seven years of legal residence for nationals of countries where Portuguese is an official language, such as Brazil, and for citizens of European Union Member States;
• ten years for nationals of other countries.

A Brazilian who also holds the citizenship of another European Union Member State, such as Italian or Spanish, likewise falls under the seven-year period.

How time is now counted

There are two key changes in how time is counted.

Time spent waiting on the application no longer counts

The previous rule in Art. 15(4) allowed, in certain situations, time to be counted from the residence permit application, which benefited those who waited months or years for an administrative decision. That paragraph has been repealed. Today, legal residence means the period during which the person is in Portugal with a regularized status, under the cards, visas or permits provided for in the Foreigners Act (Lei de Estrangeiros) or in the asylum regime (Art. 15(1)).

Periods are added up within a maximum window

Periods of legal residence, consecutive or interrupted, are added up provided they took place within a maximum window of 9 years for nationals of countries where Portuguese is an official language and of the European Union, 12 years for other foreign nationals and 6 years for stateless persons (Art. 15(3)). In practice, a Brazilian must accumulate seven years of legal residence within a nine-year window. Long interruptions may mean that older periods can no longer be counted.

The new knowledge requirements

In addition to the length of residence, the applicant must cumulatively:

1. demonstrate, by test or certificate, sufficient knowledge of the Portuguese language and culture, history and national symbols (subparagraph (c));
2. have sufficient knowledge of the fundamental rights and duties inherent to citizenship and of the political organization of the Portuguese State (subparagraph (d));
3. solemnly declare adherence to the fundamental principles of the democratic rule of law (subparagraph (e));
4. not have been sentenced, by a final and unappealable judgment, to an actual prison term of more than three years for the crimes listed in the law, not pose a threat to national security or defense, and not be subject to UN or European Union restrictive measures (subparagraphs (f) to (h));
5. be able to support themselves (subparagraph (i)).

For Brazilians there is an important rule: nationals of countries where Portuguese is an official language are presumed to meet the language requirement, unless their lack of proficiency in Portuguese is manifest (Art. 6(10)). The presumption covers only the language. Culture, history, national symbols, rights and duties and the political organization of the State must be demonstrated.

The law gave the Government 90 days from publication to adapt the Portuguese Nationality Regulation (Regulamento da Nacionalidade Portuguesa) (Art. 4 of Organic Law 1/2026). The format of the tests, the bodies that administer them and the certificates accepted depend on those regulations, and should be checked as the regulations are defined and the practice of the authorities becomes established.

Grandchildren of Portuguese citizens

The grandchild of a Portuguese citizen continues to have access to original citizenship (by attribution), provided that they have at least one grandfather or grandmother with original Portuguese citizenship who has not lost it, declare that they wish to be Portuguese and have ties of effective connection to the national community (Art. 1(1)(d)).

The novelty lies in the new Art. 1(3): attribution now also depends on the requirements of Art. 6(1)(c) to (h). In other words, the grandchild must demonstrate knowledge of the Portuguese language and culture, history and national symbols, know the fundamental rights and duties and the political organization of the State, declare adherence to democratic principles and not be covered by the criminal and security impediments. For Brazilians, here too only knowledge of the language is presumed.

Great-grandchildren: a new route through naturalization

The great-grandchild of a Portuguese citizen can still follow the two-step path: first, citizenship is attributed to the father or mother (or grandfather or grandmother) descended from the Portuguese great-grandparent and then to the great-grandchild, now as the child or grandchild of a Portuguese citizen.

The reform created a second possibility. The Government may grant citizenship, by naturalization and with a waiver of the seven-year period, to 3rd-degree descendants in the direct line of original Portuguese citizens who have had legal residence in Portugal for at least five years (Art. 6(8)). The other naturalization requirements, including the knowledge required, still apply. This is a discretionary power of the Government, not an automatic right.

The end of the route for ascendants

The previous wording of Art. 6(8) allowed the naturalization of ascendants of original Portuguese citizens, for example the Brazilian mother of a child who is Portuguese by origin, provided she had resided in Portugal for at least five years. With Organic Law 1/2026, that paragraph now deals with great-grandchildren, and the route for ascendants no longer exists for new applications. Parents and grandparents of Portuguese citizens who want citizenship must now consider other routes, such as naturalization by length of legal residence.

The transitional rule

Art. 7 of Organic Law 1/2026 provides that the law takes effect from its entry into force, but that the previous law applies to administrative proceedings pending on May 19, 2026. Therefore:

• those who filed their application by May 18, 2026 will continue to have it assessed under the old rules, including the five-year period and, where applicable, the route for ascendants;
• those who had not yet filed, even if they had already completed five years of residence, are subject to the new rules.

The law does not provide a special regime for those who were close to completing the old period. Therefore, each case must be analyzed based on the application date and the history of residence permits.

What to do now

For those living in Portugal, it is worth gathering right away the complete history of residence permits, checking whether there are gaps without a valid permit and confirming whether the sum of the periods fits within the nine-year window. For grandchildren and great-grandchildren, it is advisable to organize the documentation of the family line and follow the regulations on the tests. The decision on citizenship always rests with the Portuguese authorities.

The Sene & Araújo team, with offices in São Paulo and Albufeira, handles Portuguese citizenship applications for Brazilians. If you would like to understand how the new law applies to your case, see our page on citizenship by length of residence and talk to our team.

• Organic Law 1/2026, of May 18 (Arts. 2, 4, 5, 7 and 8) — DR 95/2026
• Law 37/81 (Nationality Act), Arts. 1, 6 and 15 — consolidated version
• Nationality Act, Art. 15 (residence) — consolidated version
• Portuguese Nationality Regulation — Decree-Law 237-A/2006

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.