The recent change to the Portuguese nationality law has caused a wave of uncertainty among many foreign citizens, particularly among Brazilians living in Portugal. The main change, approved at the end of October, extends the length of legal residence required to obtain nationality from five to seven years. According to the portal fact-check Polygraph, this new version was approved by the specialty on October 28th and is now awaiting promulgation by the President of the Republic to come into force.
On social media, publications are multiplying that report an alleged “escape” of Brazilians to Spain, a country that, according to users, offers a much faster path to obtaining citizenship. “Why wait seven years in Portugal, when in Spain it is only two?”, reads one of the messages shared online, reflecting the feeling of frustration of those who see the dream of dual nationality slipping away. “All Brazilians are leaving Portugal”, we also read.
Spain: a shorter path to citizenship
According to the same source, the Spanish legal system establishes that, as a rule, immigrants have to reside in the country for 10 years before they can apply for nationality. This is called “nationality by residence”, which must be continuous and immediately prior to the application.
However, the same diploma provides for exceptions. There are cases in which the time required is reduced to five years, particularly in the case of refugees and others in which the period is reduced even further, to just two years. This is the case for nationals of Ibero-American countries, such as Brazil, but also of Andorra, the Philippines, Equatorial Guinea, Portugal and people with Sephardic ancestry.
Two years or less: when personal ties speed up the process
Spanish legislation also allows this period to be reduced to just one year in certain circumstances. As the publication explains, this reduction applies to anyone who is married to a Spanish citizen at the time of the request or to anyone who has been widowed by a Spanish national.
He also adds that, in these cases, the direct family link justifies the shortening of the required residence period, a measure that makes the integration process faster and that, in practice, has attracted many foreigners seeking stability in a European Union country.
Between two laws and two different expectations
The approval of the new law in Portugal has therefore significantly changed the balance for those who intend to remain and obtain Portuguese nationality. According to , the increase in the period to seven years applies to both citizens of the European Union and Portuguese-speaking countries.
While the diploma is not promulgated, the debate grows. Many foreigners are now evaluating whether it is worth continuing to invest time and resources in Portugal, or whether it is more advantageous to look for alternatives such as Spain, where the promise of a European passport can be realized in less time.
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