On April 1, 2024, a new change came into force regarding the rule for counting legal residence periods for the purposes of Portuguese nationality applications.
The change takes place in the context of the various legislative measures implemented by the Portuguese government to mitigate various delays that have been experienced in the processing of golden visa applications in recent years.
One of the most significant changes was precisely the alteration of the rule on counting residence deadlines, which adjusted the rights of those who, due to delays on the part of the competent services, did not have their situation regularized on the Portuguese territory sooner.
Article 15 of the Nationality Law stipulated that, for the purposes of acquiring Portuguese nationality, individuals must be ‘legally resident on the Portuguese territory, with their situation regularized with the Portuguese authorities, under any of the permits, visas or authorizations provided for on the regime for the entry, stay, exit and removal of foreigners and on the regime of the right to asylum’.
The fact is that, in many cases, between the application for residence and its approval, years pass in which the citizen experiences moments of uncertainty and instability and in which a person does, in fact, reside in Portugal but it is not possible to count this time as legal residence.
The amendment to the law allows ‘the time that has elapsed since the temporary residence permit was applied for to be taken into account as well, provided that it is granted’.
Thus, the flexibilization of the requirements for counting residence time introduces this significant change:
For foreigners interested in applying for Portuguese citizenship by length of residence, the 5 years required will be counted from the moment the temporary residence permit was applied for (provided it is granted) and no longer from the issue of the residence permit, which was previously the standard procedure.
This means that long waiting periods for a residence permit, resulting from delays by the competent authorities, will no longer be an obstacle for those wishing to become Portuguese citizens.
By Dr Eduardo Serra Jorge
|| features@algarveresident.com
Dr Eduardo Serra Jorge is founding member, senior partner and CEO of lawyers firm Eduardo Serra Jorge & Maria José Garcia – Sociedade de Advogados, R.L., created in 1987.
In his column, he addresses legal issues affecting foreign residents in Portugal.
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