Ordinary naturalisation — transitional (pending applications, 5-year rule preserved)

LO 1/2026 (Lei Orgânica n.º 1/2026, DR 95/2026 Série I, 18-05-2026; EIF 19-05-2026) substantially raised the residence threshold for ordinary naturalisation under Art 6(1) of Lei 37/81: from 5 years (uniform, under LO 2/2018) to 7 years for CPLP and EU nationals, and 10 years for all others. It also added three new conditions — civic/political knowledge test (alínea d), solemn declaration of democratic values (alínea e), and subsistence capacity proof (alínea i) — and expanded the language condition (alínea c) to include culture, national history, and national symbols.

However, TC Acórdão 1133/2025 had already established that retroactive application of new, more onerous conditions to pending applicants who had completed their qualifying residence period under the prior law breached legitimate expectations (CRP Art 2). The TC struck the retroactive transitional norm of Decreto AR 17/XVII (the immediate precursor to LO 1/2026). In response, LO 1/2026 Art 7 explicitly provides that administrative procedures pending at the date of entry into force continue to be governed by the prior Lei 37/81 redação.

The operative anchor for "pending" is the IRN electronic submission date. An application with an IRN e-submission on or before 2026-05-18 is pending and continues under the 5-year threshold and the prior condition set (LO 2/2018 redação). Applications first submitted from 2026-05-19 face the full W7 7/10-year regime.

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To fall within the PT-NAT-01-TRANS window, ALL of the following must be satisfied:

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Applicants within this transitional window should:

1. Confirm submission date: Verify the IRN system records the e-submission date as on or before 2026-05-18.
2. Document the application file: Retain all documents submitted and any IRN acknowledgement or case reference number.
3. Continue to satisfy 5-year residence: The residence period assessed is 5 years at the moment of the request, under the prior redação.
4. Track application progress: Processing times at AIMA and IRN have experienced significant backlogs (12-18 months for residence permits, which affect the naturalisation clock); applicants should monitor case status.
5. Respond to any IRN queries on prior conditions: The IRN may request updated documentation; applicants should address requests on the basis of the prior redação conditions, not the LO 1/2026 nine-condition set.
6. Appeals: If the IRN refuses an application filed before 2026-05-19 by applying the new LO 1/2026 conditions, the applicant has an argument based on LO 1/2026 Art 7 and TC Ac. 1133/2025 to challenge before the administrative courts/STA.

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• IRN / Conservatória dos Registos Centrais (CRC): naturalisation procedimento
• Ministério da Justiça: decision-maker for naturalisation concessão
• Ministério Público (MP): oversight function (criminal-bar scrutiny and Art 9 oposição do not apply in the same way to pending transitional applications, which are governed by the prior conditions)
• AIMA: residence permit status verification
• Administrative courts / Supremo Tribunal Administrativo: appeals

Pending-application monitoring:

• Applicants can check case status on IRN's online portal (irn.justica.gov.pt).

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• LO 1/2026 Art 7 (transitional provision): administrative procedures pending at the EIF date continue under the prior Lei 37/81 redação.

• Lei 37/81 Art 6(1) in the redação of LO 2/2018 (EIF 06-07-2018): 5-year legal residence for all nationalities (uniform threshold — the W5 regime).

• TC Acórdão 1133/2025 (Proc. 1383/2025, 15-12-2025, DR Série I n.º 2, 05-01-2026): struck the retroactivity provision of Decreto AR 17/XVII; directly motivated the LO 1/2026 Art 7 transitional clause. Cite: TC Ac. 1133/2025, Proc. 1383/2025 (TC comunicado: tribunalconstitucional.pt/tc/imprensa0200-bd9183.html; DR Série I n.º 2, 05-01-2026).

Key legal distinction:

• Clock under W5-W6 (5-year) transitional rule: the residence clock ran from the date of issuance of the residence title (LO 1/2024 era rule — clock from application date was the LO 1/2024 change, itself reversed by LO 1/2026 back to issuance date). For applications pending before LO 1/2024 entered force (01-04-2024), the prior rule applied; for applications submitted under LO 1/2024 era (2024-2026-05-18) the issuance-date clock also applies under the transitional — the key is that 5 years (not 7/10) is the applicable threshold.

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