New legislative proposals were approved last Monday, 23 June, by the Council of Ministers, marking a significant shift in immigration policy and the framework for acquiring Portuguese nationality. The measures now approved clearly reflect a tightening of requirements and control mechanisms in these areas.
One of the main changes is the creation of a National Unit for Foreigners and Borders within the Public Security Police (PSP), accompanied by a reinforcement of this police force’s human and technical resources. This reorganisation aims to make immigration management and border control more efficient.
A proposal to amend the Nationality Law was also presented, introducing new evaluation criteria for applicants. In addition to demonstrating knowledge of the Portuguese language, applicants will also be required to show understanding of Portuguese culture, the fundamental rights and duties of citizenship, and the political organisation of the Portuguese Republic, through formal assessment tests.
Other changes affect the criteria for granting nationality to children of foreign nationals born in Portugal, who will now only be eligible if their parents have resided legally in the country for at least three years.
The minimum residence period required to apply for nationality by naturalisation will also be extended: seven years for nationals of Portuguese-speaking countries, and ten years for nationals of all other countries. It is important to note that this period will now be counted from the date the residence permit is granted, rather than from the date of the application.
The proposals also include stricter requirements regarding criminal records, excluding from the naturalisation process any applicant who has been convicted of a custodial prison sentence.
Measures were also approved to end the naturalisation regime for descendants of Portuguese Sephardic Jews, and to clarify the rules governing nationality by descent. In this case, eligibility will now be limited to descendants up to the great-grandchildren (fourth generation).
Finally, a mechanism for revoking nationality will be introduced, applicable to naturalised citizens who are convicted of particularly serious crimes, such as homicide, rape or acts of extreme violence.
It is important to note that these measures have only been approved by the Council of Ministers at this stage. They will now proceed to the Portuguese Parliament (Assembleia da República) for debate, possible amendments, and final vote.
Once approved, they must be promulgated by the President of the Republic and published in the Official Gazette (Diário da República) to enter into force.
Nationality Department
Ana Santos Fontes | Maria Moura Fonseca | Ana Luíza Fronczak
