Portuguese Nationality Application Delayed? When Can You Take Legal Action Against the IRN?

Thousands of applicants are waiting years for a decision on their Portuguese nationality applications.

Children of Portuguese citizens.

Grandchildren of Portuguese citizens.

Spouses of Portuguese nationals.

Residents who have already fulfilled the legal residence period required for naturalization.

And, increasingly, Golden Visa investors who have met all legal requirements to apply for Portuguese nationality but are still waiting for a decision from the Institute of Registries and Notaries (IRN).

The question is straightforward:

Can an applicant take legal action when a nationality application remains pending for years?

In many cases, the answer is yes.

Portuguese law provides legal mechanisms to challenge administrative inaction when a public authority fails to perform the acts it is legally required to carry out.

Can the IRN Leave a Nationality Application Pending for Years?

The answer is no.

Although the Portuguese Nationality Law and its Regulation do not establish a single final deadline applicable to all nationality procedures, the legislation does establish a sequence of administrative acts that must be carried out within specific timeframes.

In other words, the legislator did not design nationality proceedings to remain indefinitely without a decision.

On the contrary.

The legal framework assumes continuous administrative processing, with investigations, consultations, and decisions taking place within defined periods.

For that reason, when an application remains pending for several years, there may be grounds to challenge the administrative omission before the courts.

What Does the Law Provide for Each Type of Nationality Application?

Nationality Based on Legal Residence (Including Golden Visa Holders)

Applications for Portuguese nationality through naturalization based on legal residence, including applications submitted by holders of a Golden Visa residence permit, are among the procedures that generally require a greater number of investigative steps.

In these cases, the Portuguese Nationality Regulation provides for consultations with public authorities responsible for verifying the legal requirements applicable to the application.

Pursuant to Article 27 of the Portuguese Nationality Regulation, the consulted authorities have 30 days to provide the requested information, and that period may be extended in legally justified circumstances.

Furthermore, Article 41(1) of the Portuguese Nationality Regulation establishes that the Central Registry Office must carry out the initial review of the application and initiate the necessary investigative steps within 30 days of receiving the request.

Article 41(2) further provides that, once the investigation phase has been completed, the registrar must issue a decision within 60 days.

A combined reading of these provisions demonstrates that the legislator intended these procedures to be completed within a matter of months, not to remain pending for several years without a decision.

This issue is particularly relevant for Golden Visa investors who have already completed the residence period required to apply for Portuguese nationality and remain dependent on the conclusion of their nationality application to obtain Portuguese citizenship.

Nationality Through Marriage or De Facto Union

Applications for Portuguese nationality based on marriage or a legally recognized de facto union with a Portuguese citizen may require additional investigative steps, particularly regarding the possibility of opposition to the acquisition of nationality.

Despite this additional complexity, these procedures remain subject to the general framework established by Article 41 of the Portuguese Nationality Regulation.

Accordingly, the Registry Office has 30 days for the initial review and promotion of the necessary investigative measures, and once the investigation phase is completed, 60 days to issue a decision.

The existence of a more complex procedure does not eliminate the Administration's legal duty to decide the application.

Nationality for Children of Portuguese Citizens

Nationality attribution procedures for children of Portuguese citizens are generally among the simplest from an administrative perspective.

As a rule, they do not require the same level of external consultations that are often necessary in naturalization cases.

These applications are also governed by Article 41 of the Portuguese Nationality Regulation, under which the Registry Office must initiate the procedure within 30 days and issue a decision within 60 days after the investigation phase has been completed.

The structure of this procedure clearly reflects the legislator's intention that these applications be processed efficiently.

Nationality for Grandchildren of Portuguese Citizens

Applications submitted by grandchildren of Portuguese citizens require a more detailed assessment of the legal requirements established by the Portuguese Nationality Law and may involve additional investigative measures.

Nevertheless, they remain subject to the legal duty of processing and decision established by Article 41 of the Portuguese Nationality Regulation, which provides for 30 days for the initial review and 60 days for the final decision after completion of the investigation phase.

Although the administrative complexity may be greater than in nationality applications submitted by children of Portuguese citizens, the legislation still assumes continuous processing and a decision within a reasonable timeframe.

What Legal Actions Can Be Used?

The answer depends on the specific circumstances of each case.

The two most common legal mechanisms are an administrative action challenging the omission of a decision and an injunction for the protection of fundamental rights, freedoms, and guarantees.

Administrative Action for Failure to Issue a Decision

This is the legal action most commonly used when the primary issue is the Administration's failure to issue a decision.

The purpose is not to ask the court to directly grant Portuguese nationality.

Instead, the objective is to obtain a judicial decision ordering the Administration to fulfill its legal duty to review and decide the application.

In simple terms, this action challenges administrative inaction.

When a public authority has a legal duty to decide and fails to do so within a reasonable timeframe, the applicant may seek judicial intervention to compel the Administration to act.

For many nationality applications that have remained pending for years, this is often the most appropriate legal remedy.

Injunction for the Protection of Rights, Freedoms, and Guarantees

This is an urgent and exceptional judicial remedy.

Unlike an administrative action based on failure to decide, it is not sufficient merely to demonstrate delay.

The applicant must show that the delay is causing an actual or imminent violation of a fundamental right.

For that reason, this remedy is not appropriate in every nationality case.

However, it may be particularly effective where the delay directly affects fundamental rights or causes serious and immediate consequences in the applicant's personal, family, or professional life.

In such circumstances, the court may intervene on an urgent basis to ensure effective protection of those rights.

Why Are These Timeframes Important?

The most important point is not whether a particular application should take four, six, or eight months.

The key issue is what the legislation itself reveals.

A combined reading of the Portuguese Nationality Law and its Regulation demonstrates that nationality proceedings consist of a sequence of administrative acts subject to specific deadlines, culminating in the legal duty to issue a decision under Article 41.

For that reason, when an application remains pending for several years without a final decision, there may be grounds to challenge the administrative omission before the courts.

The problem is not merely delay.

The problem is the absence of a decision.

And Portuguese law does not contemplate a situation in which an applicant must wait indefinitely for an administrative response.

How We Can Help

Rafaela Barbosa International Law regularly assists clients whose Portuguese nationality applications have remained pending for several years.

Our team conducts an individualized assessment of each case to determine whether there is a legally significant delay, evaluate the grounds for potential judicial intervention, and identify the most appropriate legal strategy.

Each nationality pathway has its own specific characteristics, and not every delay justifies legal action.

However, when the delay exceeds what is legally acceptable, the courts may provide a legitimate mechanism to protect the applicant's right to receive a decision.

If you have a Portuguese nationality application that has been pending for several years — including applications based on legal residence, marriage, descent, or Golden Visa residence permits — our team is available to provide an individualized legal assessment and explain the legal options that may be available in your specific case.

Rafaela Barbosa International Law Firm
Specialists in immigration, Italian and Portuguese citizenship, and international mobility.

📍 Portugal | Brazil | Italy
📞 +351 913 158 360
📩 advocacia.rafaelabarbosa@gmail.com
🌐 www.rafaelabarbosaadv.com

If you have any questions, we remain at your disposal.

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