Portuguese Citizenship application after 5 years of Golden Visa

That is interesting - it’s been in the pipeline for so long!

I’ve just taken a look through the updates to the Regulation (which comes into force on 15 April 2022) and compared it to the original Regulation from 2006. The main provisions for citizenship (at least, the relevant provisions for this Group) are Articles 19, 56 and 25, and this is my summary / take on it:

Residency requirement - changed from 6 years to 5 years
Art 19(1)(b) and 19(2)(b) - updated to (finally) reflect the Nationality Law 37/81 - changes the requirement for 6 years legal residency to 5 years. Hurrah! Already been done in practice, but good to get the Regulation changed.

‘Effective connection to national community’
Art 56(5)(d) - a new provision - they now positively assume that you have an effective link to the community if you have “legally resided in the territory of Portugal in the 5 years immediately preceding the request [i.e. application for citizenship]”.

My reading of this is that there is now an assumption you have an effective link if you have held (and complied with) a residency visa for over 5 years. That doesn’t mean it can’t be challenged, but the onus is on the Public Prosecutor to actively prove you haven’t got an effective link (and actively object), rather than you proving you do have an effective link.

Art 56(6) - a new provision - how to prove ‘effective connection’ & language
This new provision simply advises / confirms that your legal residence + language skills are proven under Art 25…

Art 25 - Proving Residency & language skills
A lot of new provisions have been added to this Art 25 (all around language skills), but getting your Portuguese language to the official A2 level is basically what is required - and passing the exam to get the certificate to prove that.

Art 25(1) - residency - this provision hasn’t been changed by the updated Regulation and doesn’t say much; just that SEF may issue a document confirming your residency. I suspect this is more if there are concerns about you and national security SEF may step in to advise about the validity of your residency; otherwise, your Residency Visa should be enough (I think).

In case anyone is interested, here are the 2 documents (original and amended Regulation)

Original Regulation from 2006: https://web.archive.org/web/20191204204219/http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=895&tabela=leis&so_miolo=

Amended/Updated Regulation (effective, mid-April 2022): https://dre.pt/dre/legislacao-consolidada/decreto-lei/2006-34442175-180718705

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