Portugal Article 92 Residence Permit for Vocational Students (FAQ)

 

New Portuguese Nationality Law 2024  Changes Bring Fairness to Residency Waiting Times

Portugal has recently made necessary amendments to its Nationality Law, marking a significant shift in how the 5-year residency requirement for nationality applications is calculated. The change addresses a long-standing issue, mainly focusing on the waiting period for residency application approvals.

Previously, the clock for the five years began ticking only after the granting of residency, specifically from the date of the issuance of the first residency permit. This led to differences, as delays and backlogs in processing residency applications, sometimes exceeding two years, created an unintentional imbalance for thousands of residents.

The newly approved changes, which have passed through the Portuguese Parliament, acknowledge the challenges faced by individuals waiting for residency approval. Additionally, Article 15 introduces paragraph 4, explicitly stating that the time between the temporary residency permit application submission will be considered for the residency period required for nationality, provided it is eventually approved.

This adjustment ensures that individuals who have experienced delays in their residency approval process will retain the waiting time, and the clock will now start from the moment the residency application is submitted rather than the approval date.

Practical Examples:

1. Individuals who applied for residency in December 2020 and are still awaiting approval will be eligible to apply for Portuguese nationality starting December 2025.
2. An individual who submitted a residency application in March 2020 but faced an 18-month waiting period, with the first residency card issued in October 2022, can now apply for nationality starting March 2025.
3. Those applying for residency in early 2024 can anticipate eligibility for Portuguese nationality in 2029, regardless of any potential delays in residency application processing.

These changes bring relief and fairness to those navigating the residency and nationality application process, rectifying an inequitable situation created by administrative delays.

The new law is expected to take effect one month after being publicized in the Official Gazette, pending presidential ratification. This development is a positive step in streamlining the citizenship application process and reflects Portugal's responsiveness to the practical challenges its residents face. It ensures that the time spent in limbo awaiting residency approval is duly recognized and counted toward obtaining Portuguese nationality.

The Portuguese Parliament has approved this new law, but it is yet to be published in the Official Gazette or undergo presidential ratification; it's advisable to keep an eye on official announcements for the final and official details. Crown Portugal does not guarantee the information published. Feel free to check official government websites and legal databases or consult legal professionals to ensure you have the most accurate and current information regarding Portugal's changes to the nationality law.