3. Portuguese Nationality

According to the Portuguese Constitution, Portuguese nationality is granted to all those who are considered as such by law or international convention.

The law regulating nationality is Law No. 37/81, of October 3rd.

Law 37/81 valued jus sanguinis. However, the amendment introduced to this law in 2006, by Organic Law No. 2/2006, of April 17th, revalued jus soli by considering as Portuguese by origin all those born in Portugal when the foreign parent was also born in national territory.

Citizenship 2.1 Original Nationality

Blood right (jus sanguinis) is the main rule for nationality attribution, and its effects are retroactive to the birth date of the individual requesting Portuguese civil status. An individual whose parents are Portuguese nationals born in Portugal is considered Portuguese provided that their birth is registered in a Civil Registry Office.

If the parents are Portuguese nationals born abroad, the individual, to be recognized as Portuguese, must prove that one of the parents is a Portuguese citizen and that the paternal or maternal link was established during minority and declare that they want to be Portuguese through the registration of their birth in the Portuguese Civil Registry through Consulates — if living abroad — or the Central Registry Office — if residing in Portugal. If the applicant is a minor, the proof and procedure are the responsibility of whoever has parental authority.

If the parents, Portuguese nationals born abroad, acquired nationality through naturalization, the individual must also, to be recognized as Portuguese, prove that one of the parents was a Portuguese citizen at the date of their birth.

Besides the principle of ancestry, nationality attribution is applicable to individuals born in Portuguese territory, children of foreign parents who have resided in Portugal for at least two years. This condition does not apply if the child’s parents are in Portugal on official service of a foreign country.

Attribution can also be requested by stateless persons who were born in Portuguese territory and can prove they do not have their parents’ nationality.

It should be emphasized that original nationality is transmitted to adult children. Additionally, depending on the nationality law of the foreigner applicant’s country of origin, it is possible to maintain their original foreign nationality, thus holding two nationalities (commonly known as “dual citizenship”).

Citizenship 1.2 Nationality by Acquisition (Derived)

Besides the attribution of original nationality, another way to become a Portuguese citizen is to acquire, through naturalization, derived nationality, whose rules are established in Article 12 of the Nationality Law.

The following can acquire Portuguese nationality through naturalization:

• A foreigner married to or in a de facto union with a Portuguese national for at least three years
• A minor foreigner whose parents have acquired Portuguese nationality
• A foreigner who, having been Portuguese, lost nationality by declaration of someone who exercised parental authority over them
• A foreigner fully adopted by a Portuguese national by final court decision before the current Nationality Law came into force
• A foreign woman married to a Portuguese national before the current Nationality Law came into force
• Until 2017, foreign grandchildren of Portuguese citizens with parents without Portuguese nationality; currently, grandchildren of Portuguese citizens born abroad have the right to original nationality provided certain rules are met

In any of the above cases, the naturalizing foreigner must prove effective ties to the national community and not have committed any crime punishable by imprisonment of more than three years under Portuguese law. Furthermore, the Portuguese State can oppose the acquisition if the foreigner has held public office or provided non-mandatory military service in foreign States. It should be noted that this is a subjective right, pending the merit decision of the Portuguese government.

It should be emphasized that derived nationality, unlike original nationality, is not transmissible to adult children. Also, depending on the national laws of the foreign applicant for derived Portuguese nationality, they may lose their original foreign nationality.

Citizenship 1.3 Citizens of Former Portuguese Colonies

Descendants of Portuguese citizens native to territories that became independent from 1975 onwards are covered by specific legal diplomas that deal with their situation in relation to Portugal. It should be noted that until Law No. 37/81 of October 3, 1981, the basic principle of Portuguese nationality was jus soli. According to this principle, with some exceptions (such as the loss of Portuguese nationality by those born in former African overseas territories, contemplated in Decree-Law No. 308-A of June 24, 1975), anyone born in Portuguese territory (including Portuguese Overseas) had the right to original Portuguese nationality. From 1981 onwards, the basic principle of Portuguese nationality became jus sanguinis, which remains in effect today.

Citizenship 1.4 Indian Territories

The former Portuguese State of India (Goa, Daman, Diu, and Dadra and Nagar Haveli), unlike other Portuguese colonies of the time, was effectively considered an extension of Portuguese national territory, according to the Portuguese Constitution of 1911. Therefore, people born in the Portuguese State of India theoretically enjoyed full Portuguese citizenship, as they were never subject to the Political, Civil, and Criminal Status of Indigenous Peoples.

Thus, through the Civil Code of 1867 (or Seabra Code) and Law No. 2098 of July 29, 1959, people native to the former Portuguese State of India are guaranteed the right to original Portuguese nationality, up to the second-degree descendant of the Portuguese (grandchild). The Portuguese State of India ceased to exist de facto in 1961 with its invasion by the Indian army but was only formally (de jure) dissolved in 1975 when the Indian occupation was recognized by the Portuguese government. Therefore, some authors argue that people born between 1961 and 1975 in the former Portuguese State of India can be considered native Portuguese (or of origin) because Portugal only abdicated its sovereignty over these Indian territories in 1975.

However, despite the explicit law, a serious impediment in these cases is proving individuals’ birthplace through birth records, as many of Goa’s civil records were lost during the Indian forces’ invasions in 1961. Therefore, these civil records were not properly integrated into Portugal’s central civil registry.

Citizenship 1.5 African Territories

The right to Portuguese nationality for those born and residing in former Portuguese territories in Africa — Angola, Mozambique, Cape Verde, São Tomé and Príncipe, and Guinea-Bissau — is handled and regulated by Decree-Law No. 308-A of June 24, 1975. This decree-law stipulates detailed conditions for maintaining Portuguese nationality, including:

1. Those who maintain nationality:

• People born in mainland Portugal and adjacent islands
• Those born in overseas territory still under Portuguese administration until independence
• Naturalized citizens
• Those born abroad to parents born in Portugal or naturalized
• Those born in the former State of India who declare they want to maintain Portuguese nationality
• Spouses and minor children of the above categories

2. Requirements and timeframes for maintaining or choosing nationality after independence

• Two-year declaration period for descendants up to the third degree
• Special provisions for those domiciled in mainland Portugal

Decree-Law No. 308-A was revoked by Law No. 113/1988 of December 29, 1988.

Citizenship 1.6 Macau

The Portuguese territory of Macau was handed over to China on December 20, 1999, becoming a special administrative region. However, only those born in Macau territory until 1981 were considered Portuguese by origin. According to Law No. 37/81 of October 3, from 1981 onwards, for someone born in Macau to obtain original Portuguese nationality, they must be a child of a Portuguese father or mother. All children of parents with Portuguese nationality born in Macau (now as foreign territory) after December 20, 1999, also have the right to Portuguese nationality. It should also be noted that the Chinese government does not admit dual nationality.

Citizenship 1.7 East Timor

On April 25, 1976, East Timor ceased to be considered Portuguese territory under the Portuguese Constitution, thus eliminating the connection element that guaranteed Portuguese nationality acquisition for those born in Timor. However, due to the unilateral declaration of Timorese independence by FRETILIN on November 28, 1975, and the consequent Indonesian invasion of East Timor on December 7, 1975, Portugal continued to be recognized as the administering power by the United Nations until East Timor’s effective independence on May 20, 2002. In other words, between 1976 and 2002, Timor was considered a territory under Portuguese administration but occupied by Indonesia. The provisions of Decree-Law No. 308-A/75 of June 24, 1975, were never applied in Timor.

Therefore, Law No. 2098 of July 29, 1959, stipulates that all those born in Timor are Portuguese citizens if they are:

• Children of Portuguese father or mother
• Stateless
• Of unknown nationality
• Unknown parents
• Foreign parents (unless they were in service of their respective state) This applies to births until April 25, 1976. Between 1976 and the date of effective independence (May 20, 2002), only those born in Timor to Portuguese parents are considered Portuguese citizens. After independence, children of parents with Portuguese nationality born in East Timor (now as foreign territory) continue to have the right to original Portuguese nationality.

Citizenship 1.7 Status of Equality

The Status of Equality grants Brazilians in Portugal and Portuguese in Brazil the same rights and duties as their respective nationals, without losing their original nationality. In other words, they remain foreigners but under different conditions. The equality of rights excludes prerogatives exclusive to native citizens, such as certain public positions, and political rights, which are granted only after five years of permanent residence.

Requirements for the Status of Equality:

• Civil capacity according to national law
• Permanent residence in the respective foreign territory for at least one year through permanent residence visa
• Being a citizen of Portugal or Brazil

The interested foreigner must submit the request to the respective Ministry of Justice. If the foreigner loses their nationality of origin (Brazilian or Portuguese), or if their permanent residence visa is revoked, the equality of rights and duties ceases.

Citizenship 1.8 Macau European Citizenship as a Complement to Portuguese Nationality

The Maastricht Treaty (1992), which established the European Union, formally introduced into the Treaty of Rome (1957) the concept of European citizenship: “Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.” (Article 17 of the Treaty of Rome). This means that a person with Portuguese nationality automatically becomes a citizen of the European Union, with all the rights, privileges, and duties this implies.

Citizenship 1.9 Macau Recent Changes

Recent changes to the Nationality Law, which occurred in 2006, began with proposals from deputy Neves Moreira of the Social Democratic Party (PSD). Through this amendment, grandchildren of Portuguese citizens whose parents died without Portuguese citizenship can now obtain derived Portuguese citizenship through a simplified process, meaning they don’t need to prove effective ties with Portugal.

Nevertheless, in December 2009, PSD members presented a new proposal to amend the Nationality Law, which was rejected. This proposal sought to guarantee original citizenship to all grandchildren of Portuguese citizens, a right already enjoyed by a portion of these individuals.

This concludes the full translation of the text about Portuguese nationality. The translation maintains the structure and detail of the original while presenting the information clearly in English. It covers all aspects from the basic principles of nationality to specific cases involving former territories and recent legal changes.