For many years, the Portuguese Nationality Law allowed descendants of Portuguese nationals, even if they had always lived outside Portugal, to apply for nationality largely on the basis of historical ancestry, with no residence requirement and no requirement to know the language.
With the latest amendment to the Nationality Law, in force since May 19, 2026, that reality changed significantly. Today, the focus is on a current relationship with Portugal: living here, speaking the language, and being integrated.
This article aims to explain, in practical terms, what changed and what that means for those who are descendants of Portuguese nationals.
- What existed before: “considered as descendants of Portuguese nationals”
In the original 1981 version of the Nationality Law, the Government could grant nationality by naturalisation, waiving residence and language knowledge requirements, to various groups, including:
“…those who are considered as descendants of Portuguese nationals, members of communities of Portuguese ancestry, and foreigners who have provided or are called upon to provide relevant services to the Portuguese State…”
With successive amendments to the Nationality Law—especially the Organic Laws of 2018 and 2020 and the most recent republication—Article 6 was extensively rewritten.
The version of this provision that was in force for around 20 years, between 2006 and 2026, provided that:
«The Government may grant naturalisation, (…), to individuals who, not being stateless, have held Portuguese nationality, to those considered as descendants of Portuguese nationals by origin, to members of communities of Portuguese ancestry, and to foreigners who have provided or are called upon to provide relevant services to the Portuguese State or to the national community.»
In simple terms, this meant:
- Broad descent: there was no clear limit on degree. It was not limited to children, grandchildren, or great-grandchildren, as long as it could be shown that one was a descendant of Portuguese nationals.
- Communities of Portuguese ancestry: it opened a door for Portuguese-descendant communities around the world, namely in former territories, in the European diaspora, or in the Americas.
- Waiver of residence and language: it was possible to obtain nationality without living in Portugal and without sufficient knowledge of the Portuguese language.
In practice, this possibility was used in cases of:
- Descendants of Portuguese nationals in a post-colonial context—for example, grandchildren of Portuguese nationals in former territories who had never lived in Portugal.
- Members of communities that maintained a Portuguese identity, but not necessarily a life plan in Portugal.
It was an exceptional and discretionary route, not an automatic right, but still relatively open to descendants.
This regime reflected a logic of “rescuing” Portuguese descent and recognising communities of Portuguese origin, with a strong symbolic and political component, and less concern with the strength of the current connection to the State and the national community.
- The 2026 legislative change: from “descendants of Portuguese nationals” to third-degree descendants in the direct line of Portuguese nationals by origin
Today, the expression “considered as descendants of Portuguese nationals” no longer appears in the text of the law. Instead, there is a specific regime for a clearly defined group:
«The Government may grant nationality, with a waiver of the requirement set out in point (b) of no. 1, to individuals who are third-degree descendants in the direct line of Portuguese nationals by origin and who have had legal residence in national territory for at least five years.»
Article 6, no. 8, of the Portuguese Nationality Law
It is important to note that this legal provision is linked to no. 1 of the same article, which sets out the general requirements for naturalisation:
- age, i.e., being of legal age under Portuguese law;
- legal residence;
- knowledge of the language and culture, rights and duties, and political organisation.
The new wording of the provision, therefore, does not waive these substantive requirements; it only replaces the general residence requirement of 7 or 10 years with legal residence in Portugal for at least 5 years.
In practical terms:
Who is covered?
- Third-degree descendants in the direct line of Portuguese nationals by origin—typically great-grandchildren.
What are the conditions?
- Having legal residence in Portugal for at least 5 years.
- Meeting the remaining naturalisation requirements, including being of legal age, knowledge of the language, no serious criminal convictions, not posing a threat to security, means of subsistence, and other legally applicable requirements.
- Non-explicit repeal: what happened to the old route based on historical descent?
The legislator did not write, in a standalone provision, “no. 6 regarding those considered as descendants of Portuguese nationals is hereby repealed”. What it did was:
- republish the entire Nationality Law with a new wording of Article 6, in which there is no longer any reference to “those considered as descendants of Portuguese nationals” or to “members of communities of Portuguese ancestry”.
When a law is republished in this way and certain parts disappear, we are dealing with a tacit repeal: there is no longer a legal basis for new applications under that broad route, and the matter is now governed by the new rules—namely for grandchildren, great-grandchildren, and naturalisations with residence.
In practice, this means that:
- it is no longer possible to “apply to acquire Portuguese nationality as a descendant of Portuguese nationals” solely on the basis of remote ancestry, without a residence plan and without current integration;
- legal strategies should now look to:
- nationality by origin for children of Portuguese nationals;
- nationality by origin for grandchildren of Portuguese nationals by origin, with proof of an effective connection;
- special naturalisation for great-grandchildren, provided they have already been legally living in Portugal for 5 years.
There has therefore been a disappearance of the broad route based on historical descent. It is no longer possible to support naturalisation applications solely on the basis of being “considered as a descendant of Portuguese nationals”, of having previously held Portuguese nationality, or of belonging to a community of Portuguese ancestry, without proof of integration into the national community.
The evolution of Article 6 of the Nationality Law reflects the shift from a naturalisation model strongly oriented towards historical descent and symbolic belonging—“considered as descendants of Portuguese nationals” and members of communities of Portuguese ancestry—to a model centred on effective integration and legal residence in Portugal.
- What this means for you, as a descendant of Portuguese nationals
This evolution has concrete implications in registration practice, especially for Portuguese-descendant communities abroad.
If you have Portuguese ancestry and are considering applying for nationality, the analysis today generally comes down to three questions:
Are you the child of a Portuguese national?
If so, nationality by origin may be available, even if you were born abroad, depending on how parentage and registration were handled.
Are you the grandchild of a Portuguese national by origin?
In many cases, you can apply for nationality by origin as a grandchild, provided you prove:
- the line of parentage: Portuguese grandfather/grandmother → parent → applicant;
- “ties of effective connection” to the national community, namely language, contacts with Portugal, among other relevant elements.
Are you the great-grandchild of a Portuguese national by origin and already living in Portugal?
You may fall under the naturalisation route in Article 6, no. 8, provided you meet the following requirements:
- legal residence in Portugal for at least 5 years;
- meeting the remaining integration requirements.
If your connection is more distant—for example, in the case of great-great-grandchildren of Portuguese nationals or members of historically Portuguese communities without residence in Portugal—the legislative change makes it much harder today to find a direct path to Portuguese nationality, except under very specific transitional regimes.
Important: parentage must be legally established in every generation
For all descendants—whether through the route for children, grandchildren, or great-grandchildren—it is necessary to verify that parentage is established throughout the entire line of ancestry.
This means it is not enough to “have a Portuguese grandfather”: it is necessary to prove, in each generation, that parentage was established in accordance with the legal requirements in force at the time of the facts, so that the descent can be legally recognised up to the applicant.
Dependent on the revision of the Regulation of the Nationality Law
It is also important to bear in mind that several of the changes introduced in the Nationality Law depend, for full application, on the revision of the respective regulation, which is currently being adapted.
Until that regulation and administrative practices are fully updated, some heterogeneity in the concrete application of certain rules is to be expected.
This article is for informational purposes only and does not constitute, nor may it be interpreted as, legal advice or a legal opinion. Each specific situation must be analysed in light of the specific facts and the applicable legislation at any given time.
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