Portuguese Nationality: A Comprehensive Guide
According to the Portuguese Constitution, Portuguese nationality is granted to all those considered as such by law or international convention. The current nationality law, Law No. 37/81 of October 3, has undergone several important modifications over the years, reflecting Portugal’s evolving approach to citizenship.
The Evolution of Portuguese Nationality Law
Portuguese nationality law has historically balanced two fundamental principles: jus sanguinis (right of blood) and jus soli (right of soil). While the 1981 law initially emphasized jus sanguinis, significant changes in 2006 through Organic Law No. 2/2006 reintroduced stronger jus soli elements, particularly by granting Portuguese nationality at birth to individuals born in Portugal to foreign parents who were themselves born in Portuguese territory.
Original Nationality (By Birth)
Portuguese nationality by birth primarily follows the principle of descent. Children of Portuguese citizens born in Portugal automatically receive Portuguese nationality upon registration of their birth in the Civil Registry.
For children of Portuguese parents born abroad, the process requires additional steps. They must prove that one parent is a Portuguese citizen and that the parental link was established during minority. They must also declare their desire to be Portuguese by registering their birth in the Portuguese Civil Registry, either through consulates if living abroad or through the Central Registry Office if residing in Portugal.
The situation becomes more complex when the Portuguese parents were themselves born abroad or acquired nationality through naturalization. In these cases, additional proof may be required to establish the parent’s Portuguese citizenship at the time of the child’s birth.
Acquired Nationality (Naturalization)
Portuguese nationality can also be acquired through naturalization. Several pathways exist:
Marriage or civil partnership with a Portuguese citizen for at least three years, foreign minors whose parents have acquired Portuguese nationality, those who previously held Portuguese nationality but lost it through parental declaration, and those fully adopted by Portuguese nationals before the current nationality law came into effect.
Until 2017, grandchildren of Portuguese citizens without Portuguese parents had to follow specific naturalization procedures. Currently, foreign-born grandchildren of Portuguese citizens can claim original nationality provided they meet certain requirements.
Special Provisions for Former Portuguese Territories
Indian Territories
The former Portuguese State of India (Goa, Daman, Diu, and Dadra and Nagar Haveli) holds a unique position. Until 1961, these territories were considered an extension of Portuguese national territory. Descendants up to the second degree of Portuguese citizens from these territories may claim Portuguese nationality, though proving ancestry can be challenging due to lost civil records.
African Territories
Former Portuguese territories in Africa—Angola, Mozambique, Cape Verde, São Tomé and Príncipe, and Guinea-Bissau—are governed by specific legislation. After independence in 1975, residents of these territories generally lost Portuguese nationality unless they met specific criteria, such as being born to Portuguese parents or having established residence in mainland Portugal.
Macau
Those born in Macau until 1981 were considered Portuguese citizens by birth. After 1981, Portuguese nationality for Macau-born individuals requires Portuguese parentage. Following Macau’s return to China in 1999, children of Portuguese citizens born in Macau can still claim Portuguese nationality, though China does not recognize dual citizenship.
Timor-Leste
Portuguese nationality rules for Timor-Leste reflect its complex history. Until April 1976, those born in Timor-Leste could claim Portuguese nationality under various conditions. Between 1976 and independence in 2002, only children of Portuguese parents could claim nationality. Post-independence, children of Portuguese citizens born in Timor-Leste retain the right to Portuguese nationality.
European Citizenship
Portuguese nationality carries the additional benefit of European Union citizenship. Established by the Maastricht Treaty in 1992, EU citizenship complements but does not replace national citizenship, granting additional rights and privileges within the European Union.
Recent Changes and Future Developments
Recent amendments to nationality law have simplified the process for grandchildren of Portuguese citizens to obtain nationality. The law continues to evolve, reflecting Portugal’s commitment to maintaining connections with its diaspora while adapting to modern migration patterns and European integration.
Understanding Portuguese nationality law requires careful attention to historical context, family history, and current legal requirements. While the paths to Portuguese nationality are diverse, each requires proper documentation and adherence to specific procedures.
