Portuguese citizenship through your child: closed in 2026
Short answer: no, not any more. Until 18 May 2026, Portuguese law had a route for the mother or father of a child who is Portuguese from birth — five years living in Portugal, with or without a residence permit, plus proof of Portuguese. The 2026 reform of the nationality law removed it. If your application was already filed before 19 May 2026, it is still decided under the old rules.
If you are only now looking into this, your child still helps you — just by a longer road. A Portuguese minor child gives you the right to a residence permit without a visa, and that permit starts the clock for ordinary naturalisation: seven years for CPLP and EU nationals, ten for everyone else. The full arithmetic is in the new nationality law timelines. This page is about what changed for parents specifically.
- The “parent of a Portuguese-born citizen” route is closed to applications filed on or after 19 May 2026.
- Applications filed by 18 May 2026 are decided under the previous law, route included.
- Your child keeps their nationality. Nothing about it depends on yours.
- A Portuguese minor child still gets you a visa-free residence permit, and that permit is what counts towards naturalisation now.
What the parent route was
If you have been reading forums, you have probably seen it described as “citizenship through your child”. The legal name is clumsier — naturalisation of an ascendente (ascendant) of a Portuguese citizen by origin — and the conditions were specific:
- Five years in Portugal, any status. You did not need a residence permit for those years. That was unusual: almost every other route counts only legal residence.
- A child who is Portuguese by origin. A child who had been naturalised did not count. The typical case was a child born in Portugal to foreign parents who had lived here a year — the law at the time made that child Portuguese from birth.
- Parenthood on record from birth. The parent-child link had to be established when the child was born. Acknowledging paternity years later did not open this route.
- Language and a clean record still applied. The route waived the legal-residence requirement, not the others.
“Portuguese by origin” is a legal category, not a passport
This matters mainly if your application is still pending under the old rules, because the whole route stood on it. Portuguese law splits its citizens in two: those who are Portuguese by origin, as if from birth, and those who became Portuguese later. Both hold the same passport. Only the first kind ever counted for the parent route.
A child is Portuguese by origin, in the cases that come up most, when:
- they were born in Portugal to a Portuguese mother or father;
- they were born abroad to a Portuguese parent and the birth was entered in the Portuguese civil register;
- they were born in Portugal to foreign parents and met the rule for that case in force on the day they were born — before 19 May 2026, one parent living here for a year sufficed, even without a permit.
A child who acquired nationality afterwards — for instance by naturalisation, or by declaration because a parent naturalised — is Portuguese, but not by origin, and never opened this route. The distinction is explained properly in attribution versus acquisition.
What happened on 19 May 2026
Organic Law 1/2026 came into force the day after it was published and rewrote the naturalisation provisions of the nationality law from top to bottom. The paragraph that used to hold the parent route is still numbered 8 — but it now covers great-grandchildren of Portuguese citizens with five years of legal residence. Read the republished law end to end and there is no provision left that grants nationality to the parent of a Portuguese child.
Here is why so many people missed it. The reform has a list of repealed provisions, and paragraph 8 is not on it. Check that list, as most people would, and you conclude the route survived. It did not: it was overwritten in place, and only the new wording tells you so.
- 5 Mar 2024Organic Law 1/2024 gives the parent route its last wording: five years' residence, any status.
- 18 May 2026Organic Law 1/2026 published. Last day an application under this route is filed under the old rules.
- 19 May 2026The reform takes effect. The paragraph that held the route now covers great-grandchildren.
The government web page still describes it
This is the trap. The Ministry of Justice service page for this route, “É mãe ou pai de um português originário” (“Are you the mother or father of a Portuguese citizen by origin”), was still online on 24 September 2026, listing the old conditions and a €250 fee, stamped “updated 2 July 2026”.
A service page is not the law. Your application is judged by the nationality law in force on the day you file it, and that law no longer has this route. Filing now on the strength of that page means paying a fee for a legal basis that no longer exists. If you are a lawyer’s client and someone is preparing this application for you today, ask them which provision they are filing under.
I filed before 19 May 2026. Am I affected?
No — you are on the safe side of the line. The reform itself says that procedures pending when it took effect are governed by the previous wording of the law. An application under the parent route that was filed by 18 May 2026 is assessed on the 2024 rules: five years, any status, language proof, and no new civic knowledge test.
What matters is the filing date, not the decision date. What waiting under the old rules looks like in practice is covered in pending nationality applications.
Does my child lose anything?
No. A child who was Portuguese from birth stays Portuguese; the reform does not reach back into anyone’s nationality. What closed is the door the child’s nationality used to open for the parent.
One thing did change for babies born from now on: a child born in Portugal to foreign parents is Portuguese only if one parent has had five years of legal residence at the time of the birth, and only on a declaration. If that is your situation, read born in Portugal to foreign parents.
What your Portuguese child still gets you
Under the immigration law, a non-EU national does not need a residence visa to get a residence permit if they have a Portuguese minor child living in Portugal, actually exercise parental responsibilities over that child, and provide for the child’s support and education. Those three conditions are what you will be asked to show.
Note which office handles what: the residence permit is an AIMA matter. The nationality application, when you get there, goes to the IRN (the registry service under the Ministry of Justice), not to AIMA.
| Parent route (until 18 May 2026) | Ordinary naturalisation (now) | |
|---|---|---|
| Years in Portugal | 5 | 7 (CPLP and EU) or 10 (others) |
| Residence permit needed | No | Yes — legal residence |
| Portuguese language proof | Yes | Yes |
| Civic knowledge test | No | Yes |
| Portuguese child required | Yes, by origin | No |
If you are married to, or in a long-term partnership with, a Portuguese citizen, there is a separate route that does not run on years of residence at all — see marriage to a Portuguese citizen.
Where to go from here
Filed before 19 May? Keep your filing receipt and follow the case; you are under the old rules. Not filed? Do not rely on the old ministry page. Sort out residence first through your Portuguese child if you have not already, and count your years from the permit.
Seven or ten years sounds far away, but one part of the road you can start on today is the knowledge side: ordinary naturalisation now requires Portuguese and a test on culture, history, national symbols and how the state is organised. The free practice test shows you in ten minutes where you stand, and the citizenship test guide covers the rest.
Sources
- Lei da Nacionalidade (Lei n.º 37/81), artigos 1.º, n.º 1, alínea f), e 6.º, n.os 1 e 8 — redação em vigor
- Lei Orgânica n.º 1/2024, de 5 de março — republicação da Lei n.º 37/81, artigo 6.º, n.º 8 (via dos ascendentes)
- Lei Orgânica n.º 1/2026, de 18 de maio, artigos 2.º, 5.º (norma revogatória), 7.º (aplicação no tempo) e 8.º (entrada em vigor)
- Lei n.º 23/2007 (regime de entrada e permanência de estrangeiros), artigo 122.º, n.º 1, alínea k)
- Justiça.gov.pt — «É mãe ou pai de um português originário» (consultada a 24-09-2026)
