For almost two decades, the promise behind most residence-by-investment and founder relocation plans in Portugal was the same: five years of legal residence, then eligibility to apply for citizenship of an EU member state. Lei Orgânica n.º 1/2026, published on 18 May 2026 and in force since 19 May 2026, ends that era. This article explains the new rules as they stand today, without the panic and without the sales gloss.

What changed, in one table

Rule Before (Lei 37/81) Now (Lei Orgânica 1/2026)
Naturalisation, EU and CPLP nationals 5 years 7 years
Naturalisation, all other nationalities 5 years 10 years
Start of the residence count In practice, could reach back to the application for residence Date the first residence permit is issued
Language requirement Portuguese at A2 level Portuguese at A2 level, unchanged
Civic requirements None beyond language Knowledge of Portuguese culture, history and civic principles, plus a declaration accepting the democratic rule of law
Permanent residence After 5 years After 5 years, unchanged

CPLP means the Community of Portuguese Language Countries: Brazil, Angola, Mozambique, Cape Verde and the other Portuguese-speaking states. Everyone else, including US, UK, Canadian, Indian and Chinese nationals, is on the 10-year track.

The single most important number did not change: permanent residence in Portugal is still available after 5 years of legal residence. Citizenship became slower; the right to live in Portugal indefinitely did not.

How the law got here

The reform did not appear overnight, and its path explains why some early reporting was contradictory:

October 2025 Parliament approves the first version of the reform.
December 2025 The Constitutional Court reviews seven contested provisions and strikes down four of them. Crucially, it upholds the 10-year residence requirement and the rule that the count starts when the first residence permit is issued.
1 April 2026 Parliament approves the revised text with the required two-thirds majority.
18 May 2026 Publication in the official gazette as Lei Orgânica n.º 1/2026.
19 May 2026 The law enters into force. Applications filed from this date follow the new rules.

When the clock starts, and why it matters more than the headline number

The headline change is 5 to 10 years. The quieter change may cost applicants just as much time: the residence period is now counted from the date the first residence permit is issued, not from the date you applied for it, and not from the date you arrived in Portugal.

Anyone who has been through the Portuguese immigration system knows why this matters. The gap between applying for a permit and holding the physical card has, in recent years, often run to many months. Under the new law, that waiting time does not count toward naturalisation. Only periods of lawful residence covered by a valid permit count.

Two practical consequences:

  • Your permit issuance date is now one of the most valuable dates in your file. Keep the decision notice and the card. When you eventually apply for naturalisation, the count will be anchored to it.
  • Gaps between permits are expensive. A lapse in renewals can interrupt the count. Renewal discipline, always advisable, is now directly connected to your citizenship timeline.

The transition rules: who keeps the old regime

The dividing line is the filing date of the nationality application, not the date you became a resident:

  • Nationality applications filed on or before 18 May 2026 continue to be processed under the previous law, including the 5-year residence requirement.
  • Applications filed from 19 May 2026 onward follow the new 7-year or 10-year requirement, even if the applicant had already completed 5 years of residence before the law changed.

That second point is the one generating litigation and commentary. Residents who reached the 5-year mark but had not yet filed by 18 May 2026 did not keep the old timeline. Whether, and how, residence time accrued before the reform should be treated is being disputed in the courts, and specific fact patterns (for example, investors whose applications were delayed by administrative backlogs) may see further developments. If you are close to a threshold, this is a question to assess individually with counsel, not one to answer from a blog post, ours included.

Other changes worth knowing:

  • The Sephardic ancestry route was closed to new applications as of 19 May 2026. Pending files continue under the previous rules.
  • Children born in Portugal to foreign parents now acquire citizenship at birth only if a parent had completed at least 5 years of legal residence, and school enrolment requirements were added for later acquisition.

What this means for Golden Visa investors

The Golden Visa programme itself was not amended by the nationality reform. The current investment routes remain in place, including the €500,000 investment fund subscription and the €200,000 cultural donation route, and the programme's signature feature is untouched: an average stay of just 7 days per year in Portugal is enough to keep the permit alive.

What changed is the destination, not the vehicle. For most Golden Visa nationalities (American, British, Chinese, Turkish, South African and others outside the EU and CPLP), the citizenship track is now 10 years, counted from the issuance of the first residence card. For investors whose motivation was a second passport on a five-year horizon, that calculation has changed materially and honesty requires saying so.

For investors whose motivation was optionality (the right to live, do business and eventually settle in an EU country, with a modest physical presence requirement), the programme still does what it always did. Permanent residence at the 5-year mark remains available and carries most of the practical benefits people associate with citizenship, short of the passport and the vote.

What this means for founders and companies

If you are building a business in Portugal rather than optimising for a passport, the reform changes less than the headlines suggest:

  • Company formation is untouched. Incorporating a Portuguese Lda, obtaining the company's tax number, opening a corporate bank account: none of this depends on the nationality law. A non-resident can own a Portuguese company without holding any residence permit at all.
  • Residence visas for entrepreneurs (such as the D2) and for remote workers (D8) were not amended by this law. The rights attached to those permits, including the right to live and work in Portugal and to renew, continue as before.
  • EU founders are unaffected in practice. EU citizens do not need a permit to live or do business in Portugal, and if they ever want Portuguese citizenship, they are on the shorter 7-year track.
  • Non-EU founders should reframe the milestone. The realistic first target is permanent residence at 5 years. Citizenship at 10 years is now a long-horizon outcome, not a mid-term plan.

One more point that gets lost in the noise: the new civic requirements (knowledge of Portuguese culture, history and the fundamentals of the constitutional order, on top of the existing A2 language exam) apply at the end of the journey, at naturalisation. The exact testing format is still being defined. Founders who integrate, hire locally and learn the language, which describes most people who actually build here, are unlikely to find these requirements the hard part.

How to plan now

Our advice to clients since May has been consistent:

  • If residence in Portugal is part of your plan, start the permit process sooner rather than later. Every month before your first card is issued is a month that no longer counts. There is no advantage in waiting.
  • Anchor your file. Keep permit decision notices, cards and renewal records. Your naturalisation count will be reconstructed from them years from now.
  • Do not buy promises. No adviser can guarantee citizenship, a visa approval or a processing time, and the 2026 reform is a reminder that the rules themselves can change mid-journey. What can be controlled is the quality of your file and the timing of each step.
  • Separate the business decision from the passport decision. Portugal's case for founders (EU market access, competitive costs, talent, quality of life) did not change on 19 May 2026. If the business case worked before the reform, it still works.

Planning a move or an investment structure around the new rules?

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This article is general information, not legal advice. Nationality and immigration rules are applied case by case, transitional questions arising from Lei Orgânica n.º 1/2026 are still being tested in the courts, and outcomes and timelines can never be guaranteed. Consult a licensed professional about your specific situation before acting. Published by the Portugal & Co legal team, July 2026.