New law comes into force that reduces the wait for Brazilians for naturalization in Portugal

The long road to achieving Portuguese citizenship became shorter from today onwards for Brazilians and other immigrants residing in the country. This Monday (1st), an organic law came into force that amends, for the tenth time, the rules established by the Portuguese Nationality Law. The main change is in the counting of residence periods for acquiring Portuguese nationality.

From now on, the submission of the Residence Authorization (AR), with the Expression of Interest, becomes the starting point for counting the five years of residence in Portugal required for immigrants to apply for naturalization in the country, as long as the AR’s request is approved. Until then, the residence period was only counted from the release of the Authorization, which, in many cases, took more than two years to complete. read here how to submit the Residence Permit in Portugal.

Sufficient knowledge of the Portuguese language

Although the new law establishes that immigrants with regularized residence must demonstrate sufficient knowledge of the language to become naturalized Portuguese, the document also mentions exceptions for candidates from countries where Portuguese is the official language. This means that citizens of Brazil, Angola, Mozambique, Cape Verde, São Tomé and Príncipe, Guinea-Bissau, Timor-Leste, and possibly Equatorial Guinea (considering that Portuguese is one of the official languages), do not need to present formal proof of proficiency when applying for Portuguese nationality through naturalization.

Candidates of other nationalities will have to take exams to prove sufficient knowledge of the language. In Portugal, language proficiency levels are commonly assessed according to the Common European Framework of Reference for Languages ​​(CEFR), and candidates must normally achieve a minimum level of A2 to prove sufficient knowledge of the Portuguese language.

Nationality affiliation

The affiliation recognized during minority and majority influences the nationality process. According to the new text, for minors (under 18 years of age), the recognition of affiliation to a Portuguese citizen directly guarantees nationality for the child or adolescent.

On the other hand, for those who reach the age of majority, this recognition must go through specific judicial processes. The law also establishes a period of three years, counting from the final court decision (final court decision), for individuals with recognized parentage only at the age of majority to apply for Portuguese nationality.

Descendants of Portuguese Sephardic Jews

The essence of the law regarding the process of recognizing descendants of Sephardic Jews remains the same with the new legislation. The previous regime already recognized the right to nationality for these communities based on demonstrating a connection to Portuguese society, which can be demonstrated through various evidence, including surnames, family languages, and direct or collateral descent.

Evidence must be proven, according to the new law, through certificates issued by a Jewish community “with the status of a religious collective person, based in Portugal”, such as the Comunidade Israelita do Porto and Comunidade Israelita de Lisboa, for example. Furthermore, according to the new legislation, this certification is now subject to final approval by a specific evaluation committee.

Another major change is the mandatory period of legal residence of three years in Portugal as a requirement for naturalization. This means that descendants of Sephardic Jews applying for Portuguese nationality must obtain a Residence Permit to regularize their stay in the Portuguese country and, after the period, request recognition of their descent in the country.

Nationality for those who committed crimes

The new organic law also mentions that candidates who have been convicted with a prison sentence equal to or greater than 3 years for a crime punishable under Portuguese law will not be eligible for the granting of Portuguese nationality. Furthermore, the legislation gives the right to reject nationality to people who constitute a “danger or threat to national security or defense”, including involvement in activities related to the practice of terrorism, violent, especially violent or highly organized crime.

Law published in March

Organic Law No. 1/2024 was published on March 5th of this year in the Official Gazette of Portugal (DRE). On that date, it was also defined that the new legislation would come into force on the first day of the following month; that is, this Monday, April 1st.