Suspension of proceedings for UN/EU-sanctioned applicants (Art 13) — REVOKED
Citizenship in Portugal
- Eligibility
- Former Art 13 Lei 37/81 provided a mechanism for the suspensão de procedimentos (suspension of proceedings) in nationality acquisition cases where the applicant was subject to restrictive measures adopted by the United Nations or the European Union under Lei 97/2017 (PT's sanctions implementation law). The provision sat in Section IV of Lei 37/81 and operated as a procedural pause mechanism: proceedings were suspended rather than definitively refused pending the lifting of the measures. LO 1/2026 (EIF 2026-05-19) revoked Art 13 in its entirety as part of a structural rationalisation of Lei 37/
- Timeline
- T2
- Renunciation
- Not required
Overview
Former Art 13 Lei 37/81 provided a mechanism for the suspensão de procedimentos (suspension of proceedings) in nationality acquisition cases where the applicant was subject to restrictive measures adopted by the United Nations or the European Union under Lei 97/2017 (PT's sanctions implementation law). The provision sat in Section IV of Lei 37/81 and operated as a procedural pause mechanism: proceedings were suspended rather than definitively refused pending the lifting of the measures.
LO 1/2026 (EIF 2026-05-19) revoked Art 13 in its entirety as part of a structural rationalisation of Lei 37/81. The revocation list in LO 1/2026 expressly names Art 13 alongside Art 6(5) and Art 6(7) (Sephardic route). The substantive policy content — blocking nationality acquisition by persons under UN/EU sanctions — was simultaneously relocated to the substantive eligibility conditions of Art 6(1)(h) and Art 3(4), making the separate suspension-of-proceedings mechanism superfluous.
Who qualifies
Not applicable as a prospective route. Former Art 13 was a procedural mechanism operated by the competent authority (IRN/CRC), not an eligibility pathway for applicants. No person "applied" for a suspension; it was imposed by the authority where the factual trigger existed.
Historical trigger (W5–W6): Applicant was subject to sanctions measures under Lei 97/2017 as adopted by the UN Security Council or EU Council at the time of the nationality application.
Current position (W7, from 2026-05-19): The same factual circumstance (sanctions measures under Lei 97/2017) now operates as a substantive bar under Art 6(1)(h). There is no suspension mechanism; the application is refused (or the opposition succeeds) on the substantive ground. This is a structural change from procedural suspension to substantive disqualification.
Requirements
Former Art 13 imposed no requirements on the applicant; it was an authority-operated mechanism. The only factual predicate was the existence of UN or EU restrictive measures under Lei 97/2017 affecting the applicant.
For the relocated Art 6(1)(h) bar (W7, current):
- The absence of restrictive measures is an affirmative condition that all naturalisation applicants must satisfy.
- The applicant must demonstrate non-inclusion on UN sanctions lists and EU restrictive-measure lists under Lei 97/2017.
- The IRN/CRC and the Ministério Público conduct the verification as part of the standard naturalisation procedure.
How to apply
Current (W7): Art 6(1)(h) is assessed as part of the standard naturalisation procedure by IRN/CRC and the Ministério Público. Refusal on Art 6(1)(h) grounds is a substantive administrative decision subject to appeal before the Tribunal Administrativo e Fiscal and, on further appeal, the Supremo Tribunal Administrativo.
Authority competence: IRN/Conservatória dos Registos Centrais (CRC), Ministério da Justiça (for naturalisation grants); Ministério Público (for Art 9 oposição proceedings); administrative courts/STA (appeals).
Legal basis
Content: Where a nationality applicant was subject to restrictive measures adopted by the United Nations Security Council or the Council of the European Union under Lei 97/2017 (Lei que transpõe a Diretiva 2017/541 e outras relativas à prevenção e combate a atividades terroristas e afins), the competent authority was required to suspend the nationality proceedings. The suspension lasted for the duration of the restrictive measures.
Revocation mechanics: LO 1/2026 Art 2 lists Art 13 among the provisions of Lei 37/81 that are amended; the revocation list confirms Art 13 = [Revogado]. The pgdlisboa.pt consolidated text (13ª versão, S-PGDL-CONS) confirms the revoked status.
Relocation: The substantive restriction is now embedded as a cumulative eligibility condition:
- For naturalisation routes (Art 6 NAT routes): Art 6(1)(h) Lei 37/81 (LO 1/2026) bars naturalisation for persons "sujeitos a medidas restritivas adotadas pelo Conselho de Segurança das Nações Unidas ou pelo Conselho da União Europeia, ao abrigo da Lei n.º 97/2017, de 23 de agosto." This is one of the nine cumulative alíneas of Art 6(1); failing it is a substantive disqualification, not a procedural suspension.
- For marriage/união acquisition routes (Art 3 MAR routes): Art 3(4) Lei 37/81 (LO 1/2026) imports Art 6(1)(f)-(h) as mandatory conditions, including the Art 6(1)(h) UN/EU sanctions bar.
- For adoption (Art 5 ADP route): Art 5 is now in Section I (by will) and subject to Art 9 oposição; the effective-links yardstick references Art 6(1)(c)-(i), which includes (h).
Example scenarios
TRANSITIONAL PROTECTION APPLIES — proceedings continue under the prior redação (former Art 13 suspension preserved for his pending application). Boris's IRN electronic submission predates 19 May 2026; under LO 1/2026 Art 7, pending procedures continue under the prior Lei 37/81 redação. His file is suspended under former Art 13 until the EU restrictive measures are lifted, at which point the suspension ends and the naturalisation assessment resumes under the prior rules (5-year residence threshold if his submission was before 19-05-2026 per Art 7 transitional). However, even if the measures are lifted and the naturalisation proceeds under the prior rules, his file may still be assessed against the substantive grounds operative at the time of decision — this is a complex transitional question requiring case-specific legal advice. NOTE: Former Art 13 is revoked for new applications from 19-05-2026; Art 6(1)(h) now operates as a substantive bar, not a suspensive mechanism.
PT-ASSERT-XCT-007 (conf 0.95): Art 13 WHOLLY REVOKED by LO 1/2026; pending applications continue under prior redação per Art 7 transitional. S-C16 / S-C17: IRN electronic submission date is the operative anchor. Boris's 5 March 2026 submission predates 19-05-2026; transitional protection applies. Former Art 13 was a suspension, not a refusal — once measures lift, the file resumes. The interaction between the transitional prior-redação rule and any assessment under the new substantive conditions is a legal ambiguity (NLR for this specific transitional scenario). PT-ASSERT-NAT-007 (conf 0.93): Art 6(1)(h) is the W7 successor bar.
NO SUSPENSION AVAILABLE — former Art 13 is revoked as of 19 May 2026. For applications filed from 19 May 2026, Art 6(1)(h) Lei 37/81 (LO 1/2026) operates as a SUBSTANTIVE BAR, not a suspensive mechanism. Elena's application will be refused (or not accepted) on the basis that she does not satisfy Art 6(1)(h). There is no procedural suspension route available for new applications post-19-05-2026. Elena should seek legal advice on whether the restrictive measures can be contested or lifted before re-applying, and on whether any other route (e.g., marriage or adoption, where Art 3(4) also imports the Art 6(1)(h) bar) would change her position. In all cases, the sanctions bar applies across all nationality acquisition routes under LO 1/2026.
PT-ASSERT-XCT-007 (conf 0.95): Art 13 revoked; Art 6(1)(h) is the operative W7 mechanism. PT-VC-010 (HIGH): Art 13 revoked wholesale by LO 1/2026. For new applications from 19-05-2026, no suspension is available; Art 6(1)(h) is a substantive disqualification condition. PT-ASSERT-MAR-004 (conf 0.97): Art 3(4) imports Art 6(1)(f)-(h) into marriage/união routes — sanctions bar applies there too. A62 FATAL guard: no ES framing. The A252 lifecycle documentation is fulfilled by the route doc; scenario correctly reflects the 'closed to new applicants' nature of the former mechanism.
NO RETROACTIVE SUSPENSION OR REVOCATION on the basis of post-acquisition sanctions measures. Former Art 13 applied only to pending proceedings (suspensão de procedimentos), not to completed naturalisations. LO 1/2026 Art 6(1)(h) is a prospective eligibility condition for new applications; it does not operate retroactively to revoke already-granted nationality. The only grounds for cancellation/revocation of nationality are fraud-based (Art 12-A Lei 37/81) subject to the Art 12-B bona-fide third-party consolidation protection (10-year bar under LO 1/2026, raised from 6 years). Sanctions measures post-naturalisation do not constitute 'fraud' in the Art 12-A sense. Loss of Portuguese nationality can only occur under Art 8 (voluntary renunciation). TC Ac. 1134/2025 (Proc. 1384/2025, 15-12-2025) struck the proposed CP accessory-penalty nationality loss — no criminal or administrative deprivation of nationality is available. The client's nationality is secure from retroactive sanctions-based challenge.
PT-ASSERT-XCT-001 (conf 0.90): only statutory loss ground = Art 8 voluntary renunciation. PT-ASSERT-XCT-002 (conf 0.93): no criminal accessory-penalty loss — TC Ac. 1134/2025 struck CP Art 69-D. PT-ASSERT-NAT-018 (conf 0.92): Art 12-B bona-fide consolidation protection (10y under LO 1/2026). PT-ASSERT-XCT-007: former Art 13 = procedimentos pendentes only, not completed grants. Art 6(1)(h) is a prospective condition for new applications, not a retroactive ground. The practitioner's client holds valid Portuguese nationality that cannot be stripped by sanctions measures post-acquisition absent fraud findings. A62 FATAL guard confirmed.
Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-05-30.
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