In accordance with the applicable legislation, it is possible to apply for Portuguese nationality after five years of legal residence in Portuguese territory (for individuals over 18 years old) and obtaining a Portuguese Language Certificate at the A2 level (in addition to other legal requirements). It is important to highlight that minors are not excluded from this process and may be included in the application together with their legal guardian.

It is widely recognized that the Agency for Integration, Migration, and Asylum (AIMA) has faced persistent delays in processing applications. In the last two months alone, 21,526 actions have been filed against AIMA, and in October 2024, 10,406 lawsuits were submitted to the Administrative Court of Lisbon, representing an average of 436.8 lawsuits per day.

Considering this situation, AIMA held a conference in which it clarified that, for the purpose of acquiring Portuguese nationality, the payment of the fee associated with the analysis of residence permit applications would be considered. In successful cases, this results in the issuance of Temporary Residence Permits.

This new interpretation by AIMA considers the waiting period for the granting of the residence permit as part of the time required for the nationality application process, even though the Nationality Regulation has not yet been published and is not in force. However, AIMA is already applying this interpretation to the current legislation, which amended the Nationality Law (Law No. 37/81 of October 3, in its updated version by Organic Law No. 1/2024 of March 5).

This understanding has generated divergent opinions: while some argue that the waiting period until the issuance of Temporary Residence Permits should be counted only after the regulation of the Nationality Law, others contend that AIMA’s intention is to benefit those who have already demonstrated efforts in recognizing their legal residence in Portugal, highlighting the payment of the initial fee as a relevant criterion.

As a result, citizens whose residence permit application was submitted more than five years ago may benefit from this recent interpretation. It is advisable that, before submitting an application for Portuguese nationality, they obtain a Certificate from AIMA confirming the duration of their residence in Portugal.

Written by Andreia Morgado Duarte, Senior Associate CCA Law Firm - www.cca.law