Portugal's New Citizenship Law is a Game-Changer for Residency Applicants

?? Key Takeaway: The amendment to Portugal's nationality law significantly reduces the time to citizenship for residency applicants, reflecting the country's commitment to a more efficient and applicant-friendly process.

Portugal has recently ushered in a significant change to its nationality law, a move set to greatly benefit those seeking citizenship. The Portuguese parliament, in a landmark decision, has approved amendments allowing residency applicants to count their five-year citizenship qualification period from their application date, rather than the approval date. This pivotal shift promises to streamline the path to citizenship, especially for investors and expatriates.

Understanding the Old System

Previously, foreign nationals residing in Portugal and Golden Visa investors could only apply for citizenship after five years from the date their residence permit was approved. Due to bureaucratic delays, often spanning two years or more, this system inadvertently prolonged the journey to citizenship, affecting various residency categories, including investment-based ones.

For instance, Golden Visa investors often found themselves in a seven to eight-year waiting game from their initial application to eligibility for naturalization. This extended timeline was a result of processing delays, not any fault of the applicants.

The New Amendment: A Ray of Hope

In response to these delays, the new amendment to Article 15 of the law introduces a critical change. It states that the period for legal residence calculation begins from the moment the temporary residence title application is submitted, provided it is eventually approved. This adjustment addresses the undue impact of administrative slowdowns on applicants.

Legal experts from Prime Legal highlight that this change acknowledges the damage caused by these delays and seeks to rectify it through an administrative change. Adriano Vieira from AIM Global raises a pertinent question regarding the interpretation of "from the moment when the temporary residence permit was requested," which is key to understanding the new law's application.

Interpreting the Amendment

Prime Legal anticipates that for Golden Visa applicants, the five-year period will likely commence from the date of online application submission and payment of the processing fee. This interpretation is based on several factors, including the assignment of a process number at the time of application and the recognition of this moment as the application registration on the online platform.

Real-World Implications

Senior Partner Ana Rita Reis of Edge International Lawyers provides practical examples illustrating the amendment's impact:

• A residency applicant from December 2021 can apply for citizenship in December 2026.
• An applicant from March 2019, who received approval in October 2021, can apply for citizenship in March 2024.
• Applicants in early 2024 can expect eligibility in 2029, irrespective of processing delays.

These examples underscore the substantial reduction in the waiting period for citizenship, making Portugal an even more attractive destination for residency seekers.

Awaiting Final Approval

It's important to note that these amendments are not yet in effect. They await the President's approval, potential veto, or a constitutional review. This final step is crucial for the law to become operational.

Conclusion

Portugal's new citizenship law marks a progressive step in acknowledging and rectifying the challenges faced by residency applicants due to administrative delays. This change not only benefits potential investors and expatriates but also enhances Portugal's appeal as a welcoming destination for global citizens.