Foreign nationals already residing in Portugal who have not yet completed five years will have to wait until that period is fulfilled, counted from the issuance of the first residence permit and not, as before, from the date of submission of the application.

That said, it is important to keep perspective. Temporary residence already grants a very broad range of rights, practically all those enjoyed by a Portuguese citizen, with the exception of voting rights. After five years, it is possible to apply for permanent residence and, from that point onwards, even establish residence in another European Union Member State.

For nationals of countries with highly mobile passports, the practical impact is limited, as they do not require a Portuguese passport to travel within Europe or internationally. The truly significant impact falls on individuals from countries whose passports do not offer such mobility. For those individuals, the longer timeframe carries a very real burden.

There is also an issue which I consider essential and which cannot be ignored: The Portuguese State should address the severe delays in the issuance of residence permits, particularly in ARI cases, where delays have been entirely unacceptable. If there is inefficiency within immigration services, the response should be provided through immigration law, by retroactively recognising a reasonable processing date or the date of submission. Not through nationality law. Mixing the two issues creates injustices that are not the responsibility of applicants.

4. The issue of children born in Portugal to foreign parents has been controversial. How can the right to nationality be balanced with stricter integration criteria?

I recall the reaction of my European colleagues during an immigration conference panel organised by the IBA, in which I participated alongside nationality law specialists from several EU countries. They were genuinely incredulous that Portugal granted nationality to babies born on Portuguese territory provided that one parent was undergoing legalisation proceedings and had been in Portugal for at least one year.

That regime allowed some parents to use Portugal as a gateway into Europe, later applying for family reunification in another Member State as parents of a European citizen.

I do not intend here to debate the merits of jus soli versus jus sanguinis - it is a legitimate and complex discussion. However, decisions concerning the granting of nationality have a direct impact on other Member States. This applies to all European Union countries, and Portugal is no exception. Some degree of balance is necessary.

That said, speaking personally, I consider that three years of residence would have been a sufficient and more proportionate period than the five years now established by law.

5. Does Portugal remain an attractive destination for those seeking European residence or nationality, in light of the recent legislative changes?

Portugal has become more aligned with the broader European trend but, in my view, remains comparatively attractive.

I am referring in particular to residents who come to Portugal through the ARI programme (the so-called Golden Visa, mainly through investments in investment funds and donations to art and culture). These residents become eligible for Portuguese nationality under criteria which, even with the amendments introduced by this law, remain competitive when compared to equivalent programmes in other European Union countries.

Portugal therefore continues to be a relevant option for those seeking, through residence by investment, a pathway to European citizenship.

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