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Knowledge   >   Legal Alert | COUNCIL OF MINISTERS CONFERENCE – 23.06.2025 – Proposals concerning nationality and immigration

Legal Alert | COUNCIL OF MINISTERS CONFERENCE – 23.06.2025 – Proposals concerning nationality and immigration

CRS has been closely monitoring developments related to the proposed amendments to the Nationality Regulations following the Council of Ministers meeting on 23 June 2025. Please note that the current proposals concerning nationality and immigration must still be formally drafted and submitted to the Portuguese Parliament for further debate and approval. Only then will greater clarity be provided on specific aspects, and the proposals may still be subject to amendment before coming into effect. This process will enable us to offer accurate and informed guidance.

For clarity, the key proposed changes are divided into four groups:

  1. Create the National Unit for Foreigners and Borders (UNEF), within the PSP (National Police force):

The creation of the UNEF will enable the PSP to take on full police functions related to:

  • Immigration and foreigners in national territory;
  • Airport border control;
  • Returning illegal immigrants.
  1. Higher demand for nationality applications:

The aim of the proposed amendments is to ensure that applicants demonstrate a “genuine, strong, and enduring connection” to Portugal.

The most significant suggestive changes involve extending the minimum legal residency requirements: from 5 to 7 years for citizens of Portuguese-speaking countries (such as Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, São Tomé and Príncipe, and Timor-Leste), and to 10 years for citizens of all other countries.

A notable reversal included in the proposal is the potential change in how the residency period is calculated. Under the new proposal, the period would be counted from the date the residence permit is issued, rather than from the date of the application — effectively repealing a recent amendment to the citizenship law.

Additionally, children born in Portugal to resident parents can only be registered as Portuguese citizens if the parents have legally lived in the country for a minimum of three years.

Additional criteria include demonstrating proficiency in the Portuguese language, as well as knowledge of the rights and responsibilities tied to Portuguese citizenship and aspects of national culture, all of which must be proven through standardized tests.

Stricter rules also apply to criminal records: applications will be rejected if the applicant has a criminal conviction for an offense that carries a prison sentence under Portuguese law, regardless of the actual sentence received.

Naturalization will only be allowed up to the third generation (great-grandchildren) and the process of granting nationality based on ancestral descent (descendants of Sephardic Jews) is set to be abolished.

A new provision introduces the possibility of revoking nationality, but only in the case of recently naturalized citizens. This loss of nationality would function solely as an additional legal penalty. It applies to particularly serious offenses and only when the individual has been sentenced to five years or more in prison. It is applicable only to naturalizations granted within the last 10 years.

  1. Regulating entry flows – CPLP, Job-seeking visas, Family reunification:

The job-seeking visa is now only available for highly qualified activities.

Community of Portuguese Language Countries (CPLP) Regime: It will no longer be possible to obtain a residence permit based on a tourist visa or visa exemption.

For family reunification, individuals must have at least two years of legal residence in Portugal before submitting a request. Applications can only be made within Portugal in the case of minor children. All other family members must apply through Portuguese consular services abroad, and each case will be assessed independently through a separate procedure. Priority will be given to the reunification of minors.

  1. Renewals of residency cards valid until 30th June 2025:

An exceptional extension has been granted until 15th October 2025. AIMA will establish a communication channel through which individuals seeking renewal can pay the required fees. Once payment is made and a proof-of-payment slip is generated, the renewal process will be officially initiated, granting an additional six-month period for completion. While the general extension is valid until 15th October 2025, each individual will receive a six-month extension from the date their process begins.

While the Government intends for these changes to apply the soonest, it is important to clarify that:

  • Retroactive application of laws that negatively affect acquired rights or legitimate expectations is generally prohibited under the Portuguese Constitution (particularly Article 18);
  • Applying the new rules to cases that already met the legal requirements under the current law may be challenged in court and could be ruled unconstitutional;
  • Therefore, the retroactive enforcement of these proposals is legally controversial and not guaranteed.

The final version of the law may include transitional provisions to safeguard cases already underway or rights acquired before the new law enters in force.

It is important to highlight that for the legislation to take effect and become fully enforceable, it must undergo a formal legislative process. This includes discussion and approval by the Portuguese Parliament, review and ratification by the President of the Republic, and final publication in the official government gazette.

We are closely monitoring the legislative process and will provide you with timely updates and individual guidance once the final law is approved and published.