Login

I applied for Portuguese citizenship before May 2026: which rules apply to my file?

By OneGrade editorial team Updated

Short answer: Organic Law 1/2026 says pending administrative procedures stay under the previous wording of the Nationality Law. The law entered into force on 19 May 2026, so that is the legal cut-off, not 1 May. Some details, such as exactly which date counts for postal or counter filings, are not defined in the official texts I found.

If you sent your nationality application before the 2026 reform, you probably want to know whether the old rules still cover your file. This article explains what the official texts say, what is settled and what is still uncertain.

It is written for people who have already filed, or who are close to the date and unsure which side of it they fall on. By the end, you will know the transitional rule, the cut-off date and what to check yourself.

What do the official texts say about pending applications?

The key rule sits in the transitional provision of the new law. Article 7(2) of Organic Law 1/2026 says that administrative procedures pending on the date the law entered into force stay under the previous wording of the Nationality Law, Law 37/81 (Lei Orgânica n.º 1/2026).

The Ministry of Justice portal says much the same in plainer words. The new provisions apply only to applications submitted after entry into force (Justiça.gov.pt). It also says that pending cases continue under the previous wording of the Nationality Law. That page was updated on 9 October 2026.

An earlier draft was different. The Constitutional Court ruled that Article 7(3) and (4) of Decree 17/XVII were unconstitutional. That draft would have applied the old law's requirements to pending cases in a way that frustrated applicants' legitimate expectations (Acórdão do Tribunal Constitucional n.º 1133/2025). The final Article 7 has only paragraphs 1 and 2 (Lei Orgânica n.º 1/2026).

Which date is the cut-off?

Many people say 'before May 2026', but the legal date is a little later. The law says it enters into force the day after its publication (Lei Orgânica n.º 1/2026). It was published on 18 May 2026, so the cut-off is 19 May 2026, not 1 May. The Justice portal confirms the 19 May date (Justiça.gov.pt).

This suggests that an application filed between 1 and 18 May 2026 should also be a pending case. However, no official page I found states that range explicitly. If your filing date is close to the cut-off, confirm it with the IRN or a lawyer.

What counts as 'pending'?

This is the part the texts leave open. The law speaks of procedimentos administrativos pendentes (pending administrative procedures). The Justice portal speaks of applications 'submitted' after entry into force and of processos pendentes (pending cases). I found no official text that defines 'pending', for example whether it means filed, or filed and then registered or validated.

There is one official clarification, and it covers only online filings. On 7 May 2026, the IRN said that the date of submission on the online platform is the date used to apply the changes. This came after a surge of filings and technical delays (IRN).

The online channel is only for lawyers and solicitors. If you have no representative, you file by post or at a counter (Justiça.gov.pt). For those filings, I found no official source that says which date counts. Keep your proof of posting or your counter receipt.

How do the old and new rules compare?

The table shows the two main requirements that changed for naturalisation. The 'old' column is based on the text of Organic Law 1/2024. I did not check every intermediate version, so confirm against the consolidated version history of Law 37/81 on the Diário da República website.

Requirement Old wording (pending files) New wording (filed after 19 May 2026)
Legal residence At least five years (Lei Orgânica n.º 1/2024) Seven years for nationals of Portuguese-speaking countries and EU citizens, 10 years for nationals of other countries (Lei Orgânica n.º 1/2026)
Language and culture Sufficient knowledge of the Portuguese language (Lei Orgânica n.º 1/2024) Proof, by test or certificate, of sufficient knowledge of Portuguese language and culture, history and national symbols (Lei Orgânica n.º 1/2026)

The old paragraph on language had no culture, history or symbols element (Lei Orgânica n.º 1/2024). The new language and culture proof applies to new applications, not to pending ones (Lei Orgânica n.º 1/2026). For more on that new requirement, see our guide to the citizenship culture test.

What about language proof under the old rules?

AIMA says that a certificate of level A2 or higher, for example from a PLA course, proves knowledge of Portuguese for a nationality application (AIMA). The accepted proofs are listed in Article 25(2) of the Nationality Regulation, as amended by Decree-Law 26/2022.

I could not read the full list from the Regulation itself, so I cannot tell you every accepted proof. I also found no official AIMA or IRN page that lists documents a pending applicant must still supply, or any change to language proof for files already submitted. If the registry asks you for something, ask which article they rely on. Our guide to proving Portuguese for a citizenship application covers the usual options.

Do other repealed provisions still apply to pending files?

Organic Law 1/2026 revokes Article 15(4) of the Nationality Law, among other provisions. According to the Constitutional Court, this paragraph was added by Organic Law 1/2024, in force from 1 April 2024. It counts the time since the application for a temporary residence permit as legal residence, if the permit is granted (Acórdão do Tribunal Constitucional n.º 1133/2025).

It seems logical that, under Article 7(2), pending files keep the old wording of these provisions too. But that is an inference. No official text I found confirms it for each specific pathway, so check yours.

Is the Nationality Regulation updated yet?

Organic Law 1/2026 gave the Government 90 days from publication to amend the Nationality Regulation, which means about 16 August 2026. Several new rules depend on this (Lei Orgânica n.º 1/2026). Official pages are not always updated at the same pace, so check the date on any page you rely on and prefer the most recent Justice news item.

What can you do now?

  • Find your proof of the filing date: the online confirmation from your lawyer, the postal receipt or the counter receipt.
  • Check the status of your file online. You need an access password, which you request from the Conservatória dos Registos Centrais (Central Civil Registry Office) (gov.pt).
  • Ask your lawyer, or the IRN, which wording of the law is being applied to your file and why.
  • Before you sit an extra test or pay for extra documents because of the new law, ask the registry which rule they rely on.

Common questions

Do I need the new culture, history and symbols proof if my file is pending? The new proof applies to new applications, not to pending ones (Lei Orgânica n.º 1/2026). If the registry asks you for it, check the reason with the IRN.

I filed on 10 May 2026. Is that old or new? The legal date is 19 May 2026 (Justiça.gov.pt). No official page states the 1 to 18 May range explicitly, so keep your proof and ask.

Which date counts for a postal filing? I found no official source on this. Only the online submission date has an official statement (IRN).

How OneGrade can help

OneGrade is an online course of European Portuguese built around the CIPLE exam format. It has 5 modules and 10 writing and speaking tasks checked by a teacher. Access lasts 6 months. The plans are Basic, Premium and Exclusive. OneGrade does not guarantee any exam result or citizenship. Our certificate is not an official document.

This article explains official rules in plain English. It is not legal advice, so check the official Justiça, IRN and AIMA pages, or ask a lawyer, before you act on your file.

Official sources

Book a free call

20 minutes on video. We check your speaking, answer your questions and help you choose a plan and start date.