Anyone has an insight of the parliamentary situation with the possible revisions to the LdN?
It has been a week since the sessions reopened..
it looks like there are two proposals for lobbying that are being floated in one of the WA groups for those who are interested.
This article is behind a paywall but the gist of it is that parliament will discuss the waiting time for nationality and a potential transitional period this Jan 27th. A petition led by lawyer Priscilla Ferreira with 8,000 signatures has prompted this discussion.
Some of the points in the petition are:
- Waiting time during application to be counted as residency time (the amendment to the nationality law of 2024) has not been fully implemented across Portugal, and therefore harming immigrants
- A request for a transition rule for immigrants who have met all their nationality requirements for citizenship but have yet to apply.
Why was this the group they focused on for a transition rule? If an applicant meets all the qualifications, they should just apply. The people who need help are those who applied to the GV program with the belief that they had a 5 year window.
On the WhatsApp group one lawyer I highly respect said likely nothing until after the runoff presidential election.
how can we sign the petition?
That petition has already been signed enough times, so will be taken to the Commission’s hearing on the 27th Jan apparently. Its status is not yet updated on the Assembly’s website.
Here’s the link to what she’s requesting from Parliament in her petition:
(translated to english)
STATEMENT OF REASONS REGARDING LEGAL SECURITY AND ACQUIRED RIGHTS
In the same way that there is a need to define the extent of the right based on length of residence, it is necessary to protect those who have already fulfilled the formal requirement of time but have not yet been able to proceed with the application.
In this case, the law must be amended to impose a transitional rule, as well as to ensure that any individual who is already eligible to apply for nationality by acquisition is not harmed by any future extensions of the deadline.
WORDING OF THE AMENDMENTS TO BE PROMOTED BY THIS INITIATIVE
Article 1.
Subject Matter
This law amends Law No. 37/1981, of October 3 (Nationality Law),
Article 2.
To promote the amendment of the wording of Article 15, paragraph 4, of the aforementioned law and its regulatory norm, consequently having the following text
"For the purposes of calculating the legal residence periods provided for in this law, the time elapsed since the moment the temporary residence permit was requested, by any effective means, whether on paper, electronically, through a platform or system in force, or by court order, shall also be considered, provided that it is granted.
a) The periods of residence permit applications resulting from any amendment to the article are also considered when the nature of the residence permit to be granted achieves the same purpose of making its holder legal in the territory, also considering for this purpose the cases of granting residence permits without a visa existing in the legislation in force on the date of granting, provided that the applicant has proven legal entry into the territory."
b) The holder of a residence permit whose total period of 5 years of residence in the country under any title has been fulfilled is guaranteed nationality in the form of paragraph 4, by acquired right.
Article 3.
Entry into force
This law enters into force on the day following its publication.
Based on all the factual and legal elements presented herein, the consideration of this claim is requested, as it is the fulfillment of the most honorable justice.
The approval of this initiative is requested.
Dr. Priscila Nazareth
This is me. I’ve met my 5 years. I don’t have my language requirement done. I’m working as fast as I can.
From the article “The waiting period for residency for citizenship application purposes has never been regulated.” It looks like that there’s still confusion in the Government whether to start residency from the date of the GV application or when the first residency permit was issued (despite the amendment of 2024). So the petition is to make it explicit that the start date is from the date of application and remove any doubts.
I have never ever seen/read/heard from anyone or in any FB groups that someone could miss one document (either language certificate or criminal record or birth certificate) and the IRN staffs still accepted the application. Impossible!!!
Find me a post online/ or review of someone claiming that he did not have all documents and IRN still accepted his application.
Documents listed in the application form is always 100% checked by IRN officers. Missing one doc is not allowed. It is the first check when applying in person.
Some IRN staffs do check more carefully on stamps/ apostille/criminal records within 90 days/or even check the 5 year residency. Some do not check very carefully about stamps and apostille. But in term of bullet points, all documents must be available at the time of submission.
It’s is considered as the first check by IRN staffs.
The application will be then forwarded to the dedicated department in which more checks will be carried on i.e. validity of the language certificate, validity of the birth certificate and criminal records,…
If one wants to submit an application without having a complete set of required documents, using lawyer to submit online is the only way to get around.
Haha I don’t know why the long rebuttal, I said you might be right. The larger point is submitting at a counter in person doesn’t mean the file is “final” and it doesn’t stop IRN making later requests for more documents.
You can submit by mail, with an “incomplete” application, bypassing those checks you mentioned.
I doubt it can bypass via mail option. The clerk who opens the mail might do the checklist first and eliminate the application from opening-envelope-round
. Not sure if one has ever tried this option to submit incomplete application.![]()
they might not even open it for months. They might just ask for the docs from you, this is all a speculative by pre applying anyway.
But when they open, it could be eliminated from first round due to incompleteness according to checklist. And it could be that the clerk who opens envelopes is the same one who takes applications in person. He/she might spend 1-2 hours/week to open envelopes.
Having read the regulations myself, I would not recommend submitting a knowingly ‘incomplete’ application via any route.
There is a checklist of mandatory documents to be included, and so you have to include ‘something’ to cover each position, otherwise IRN is within their right to outright reject the application. We do not want to rely on the hope that they don’t reject.
Note that I am referring to the list of mandatory documents that IRN is supposed to check ‘on opening the envelope’ (formally within 30 days from submission).
Guys, I’m seeking for your advice now…
Both of my children are under my GV with me and will reach the required residency period around March this year, so in principle they become eligible to apply for citizenship then. But one of the mandatory documents is the language certificate, and that’s where things get tricky…
Last year my daughter (19) attempted the A2 exam but unfortunately didn’t pass. My son was under 16 at the time, so he wasn’t eligible to take it yet. Now the 2026 exam slots are opening slowly, but realistically the earliest we’ll be able to get them both tested is May 2026, with results only coming out sometime around end of June at earliest and certificates in July…
On top of that, because of their school and university workload, attending long certified language courses just isn’t realistic for them.
Given the uncertainty around the upcoming citizenship law changes, I’m trying to decide on the safest strategy:
• Is it better to wait until the full document set is ready, including the language certificates, and submit in mid-summer 2026?
• Or is it safer to submit as soon as they become eligible in March, and include proof of a booked exam appointment, then add the language certificates later?
I’d really appreciate hearing from anyone who has dealt with this kind of timing issue…
It will be a big fail to not succeed this time… Their first cards are from January 2025, so in case the law changes are promulgated before we submit their applications, they are shifted 9 years forward, losing their dependency somewhere in the middle of the path (28 and 25y.o. in March 2035)…
Aren’t children under a parent’s Golden Visa considered dependent residents and therefore unable to apply for Portuguese citizenship independently unless one parent has already been naturalized?
If anyone has a confirmed case or legal reference showing otherwise, it would be very helpful to share.
Thanks
They can certainly apply for citizenship in their own right once they’ve had done their (currently) five years and provided they are over 18 when they apply.