The 6th article of the current version of the Portuguese Nationality law states that Portuguese citizenship may be acquired after 5 years of lawful Residency in the country. However, bureaucracy proves an obstacle. For instance, the Golden Visa path towards Citizenship can often take 2 or 3 more years, in addition to the already necessary 5 years.
Parliament Approves Amendments to Portuguese Nationality Law
On the 5th of January of 2024, the Portuguese parliament approved several amendments to the current version of the Portuguese Nationality law, which cover an extensive number of aspects regarding the law. Among these, the most noteworthy is the 5 years required to obtain Citizenship and a Passport in Portugal could be started to count from the date of the Residency Application. This amendment had been proposed back in December, but only received approval on the 5th. This contrasts against the current Portuguese Nationality law, which states that the 5 years start to be counted from the moment the first Residency Permit is issued.
These amendments come in the wake of the launch of a new digital mechanism by the IRN (Institute of Registries and Notaries) in December of 2023. Entitled the “Nationality Platform,” this online service seeks to simplify and smoothen the process of obtaining Citizenship in Portugal.
FEBRUARY 2024 UPDATE
26th of February 2024:
On Sunday, the 25th of February of 2024, the President of the Republic, Marcelo Rebelo de Sousa approved the Nationality law amendments. Following the Constitutional Court ruling on the 20th of February, declaring the amendments to be in accordance with the Portuguese Constitution, the President has confirmed his intent to approve the law. It is only a matter of time until it is officially published in the Gazette.
The new proposal from the Portuguese parliament on the five-year residency from the date of application will prove to be highly attractive for applicants who applied in the quarter of 2021 and experienced processing delays.
In the case of Golden Visa applicants, the law is still unclear if the five-year citizenship will count from the initial online submission date or if residency to be considered from the second submission with the biometrics. The process of citizenship for Golden Visa applicants shall be available and published in the Gazette (Diario da Republica), once the amendment becomes official law.
20th of February 2024:
In doing his diligence, the President of the Republic had asked the Constitutional Court to appraise and review the Nationality Law amendments. On the 20th of February, the Court finally gave their counsel on the matter: there is nothing unconstitutional about the new amendments.
The Court put the official statement forward, in the form of Acórdão n.º 128/2024.
“In a ruling approved in a Plenary session of the Constitutional Court on the 20th of February, it decided, by the majority, to not rule on the unconstitutionality of the rules that integrate this transitional regime (...) on the grounds that it does not harm the legitimate expectations of nationality applicants, nor does it directly jeopardise the lives of its recipients or the dignity of the human person.”
In essence, the Nationality Law amendments are approved. The only step remaining is the enshrinement of the law into the Official Gazette, which is expected to take place sometime during the next month, March 2024.
The context behind the 2024 Portuguese Nationality Law Amendment
As of late, Portugal has been in a somewhat tricky situation. Normal bureaucracy aside, 2023 witnessed the end of SEF, the border and foreigner control agency in Portugal. Its competencies were scattered among multiple agencies, including the police and the newfound agency of AIMA – Agency for Integration, Migration and Asylum. This situation only further added to the administrative delays and the waiting times became increasingly longer.
In some situations, the period between the submission of the Residency Application and the issuance of the Residency Permit is taking more than 2 years, turning the 5 years into 7 years until Citizenship status is achieved.
The 2024 Amendment rises as the solution, effectively mitigating the issue for a lot of residents seeking the Portuguese passport. Specifically, the amendment proposes the addition of a new paragraph to the Portuguese Nationality law. To be added to Article 15, a Paragraph 4 states as follows:
“For the purposes of counting the legal residence timeframe foreseen in this law, it is also considered the time since the moment the temporary legal residence permit has been requested, provided that it comes to be approved.”
If ratified, the 2024 amendment could reduce the waiting times massively. This would allow the entire process for Citizenship to be obtained naturally over the course of five years, instead of being needlessly delayed due to bureaucracies, especially in cases of Portugal D2 Visa applications, since it has taken the number one spot as the most demanded Residency by Investment program in Portugal.
Portuguse Parliament Situation in 2024: How It Might Affect the Citizenship Application Process
It is important to note that these amendments, while beneficial, have not yet become law. Despite parliamentary approval, the amendments are thus referred to the President of the Republic. After which, the President may decide to ratify or veto the law, or even request the Constitutional Court to appraise the updated version. If vetoed, the new law will be sent back to the Parliament for further reviews. If the President decides to ratify the law, it will only come into effect after being published in Diário da República, the official Portuguese Gazette, which may take a month.
This would be the standard procedure, if not for the current political situation in Portugal. The Portuguese Prime-Minister, António Costa, has recently resigned from the Office. Following this, the President of the Republic, Marcelo Rebelo de Sousa decided to dissolve the Parliament and call upon the Portuguese people to cast their votes in a General Legislative Election, set for the 10th of March 2024. The dissolution will officially occur on the 15th of January, and until March 10th, the government will be working in a limited capacity to keep daily operations running and ensuring a smooth transition of power.
With the future of the country uncertain, this may mean the amendments are not considered a priority right now and may yet be delayed from ratification. If an entirely new parliament is born from the General Election, the amendments may be disregarded altogether.
Investing in Portugal in 2024: Alternative Solutions for Residency and the Path to Citizenship
Even if this is the case, Portugal remains one of the best countries in the world for dual citizenship. Boasting the fourth most powerful passport, according to the 2024 Global Passport Index, Portuguese citizenship enables visa-free travel to more than 170 countries worldwide, including the Schengen Zone, and the opportunity to establish a safe haven, perfect for a Plan B strategy. Plus, it is clear there is an effort to simplify the Citizenship acquisition process, especially with the launch of the new platform.
Since there is an obvious intent to facilitate the Citizenship acquisition process, what options are there for investing in Portugal and the opportunity to secure the Portuguese passport?
For the longest time, the Portugal Golden Visa was undeniably the best investment immigration program in the country. After the discontinuation of Real Estate acquisition, the most profitable option, both for the country and investors, its value plunged significantly.
An alternative programme has risen to take the spotlight: the D2 Visa, which instantly became Portugal’s most popular and attractive Residency by Investment initiative. Portugal Homes has developed D2 Visa-centered solutions to guide investors to lawful status in Portugal.
Contact us today to find out more information and verify how we can help you obtain Residency in Portugal and take the first step toward Citizenship.
