Amendments to the Law regulating Portuguese Nationality

Published on: August 20, 2020

Reading time: 4 min

Amendments to the Law regulating Portuguese Nationality

The Portuguese Nationality Law 37° of 1981 together with Decree-Law n. No. 237-A/2006, was last amended in 2018. However, on July 23, 2020, amendments to the regulation for applying for Portuguese nationality were approved by the Portuguese Parliament. However, it is important to clarify that the amendments are not yet in force, since after being approved by the Parliament, they need to be enacted by the President and published.

In order for us to understand in an easy and simple way what these modifications consisted of[1][2], we will make a comparative chart of the before and after with respect to each one of them.

Nationality for grandchildren of Portuguese nationals

Current regulation

In accordance with Article 7 of Decree Law 71/2017, it is required: 1. Be an individual born abroad with at least one ancestor of the second degree in the straight line with Portuguese nationality and who has not lost such nationality. 2. Submit a document proving proficiency in the Portuguese language (Art.25 of Decree Law 237-A/2006). 3. That the Government recognizes that the interested party has a link with the Portuguese community. The Government recognizes that effective ties to the national community exist when the declarant, at the time of application, meets one of the following items: Has resided legally in Portuguese territory in the 3 years immediately preceding the application (To be certified by the Foreigners and Borders Service). It is registered in the tax registry. You are registered with the National Health Service or regional health services. Have a property in the Portuguese territory for at least 3 years previously.

Modification

Be a foreign-born individual with at least one second-degree ascendant in the straight line with Portuguese nationality and who has not lost such nationality.
Present a document proving proficiency in the Portuguese language.

The need to prove an objective link with the Portuguese community was eliminated, the knowledge of the language suffices.

Nationality for Spouses of Portuguese Nationals

Current regulation

Article 14 of Decree 237-A/2006 provides as follows: The marriage between the foreigner and the Portuguese national must have a minimum duration of three (3) years for the nationality application to be admissible (The marriage must be previously recognized in Portugal). It is also necessary for the applicant spouse to prove effective ties with the Portuguese community or the application will be rejected.

Modification

If the spouses have a child in common, it will not be necessary to prove that the marriage has lasted at least 3 years (if they have been married for less than 3 years, but have a child in common, they can apply). If the marriage has no children in common, it is required to prove that the marriage has lasted at least six (6) years. The need to prove the minimum duration of the marital relationship was eliminated if they have children in common and they will not need to prove ties with the Portuguese community.

Imagen asociada a Amendments to the Law regulating Portuguese Nationality

Nationality for Permanent Companion of a Portuguese national

Current regulation

Article 14 of Decree 237-A/2006 provides as follows:

The rule requires that the foreigner applicant cohabit with the Portuguese national in conditions analogous to those of spouses for more than three (3) years. Additionally, the marital union must have judicial recognition.

It is also necessary for the permanent partner applicant to prove effective ties with the Portuguese community, otherwise the application will be rejected.

Modification

If the permanent partners have a child in common, it will not be necessary to prove that the marital union has lasted at least 3 years (if they have been living together for less than 3 years, but have a child in common, they can apply).

In addition, if they have a child in common, the marital union will not require judicial recognition.

If the partners in the marital union do not have children in common, it is required to prove that the marital union has at least a minimum duration of six (6) years.

The need to prove the minimum duration of the marital relationship and the judicial recognition of this if the couple has children in common was eliminated, and they will also not need to prove ties with the Portuguese community.

Original Portuguese nationality for children of foreigners born in Portugal

Current regulation

Original Portuguese nationality will only be granted to children born in Portugal if at least one of their parents has been a legal resident in the country for at least two (2) years .

Modification

Original Portuguese nationality will be granted to children born in Portugal if at least one of their parents has been a legal resident in the country for at least one (1) year .

Nationality for descendants of Sephardic Jews

As explained in other articles, Decree Law 30A/2015 allows granting Portuguese nationality through naturalization to descendants of Sephardic Jews. The main requirement is to present a certificate of Sephardic ancestry, which must be issued by the Jewish communities of Porto and/or Lisbon. They do not require previous residence in Portugal, proof of proficiency in the Portuguese language or proof of objective links with the Portuguese country.

Among the amendments approved on July 23 by the Portuguese Parliament, none was included regarding this possibility of acquiring nationality, however, since July 15 of this year, a bill has been pending in the Parliament that requires future applicants to prove that they have objective ties with Portugal. So far, it has not been clearly envisaged how these ties with the Portuguese country are to be tested.

If you have any doubts about the procedures to obtain Portuguese nationality, we can help you. At Servicio Legal we are experts in immigration law and we will help you step by step to achieve your Portuguese nationality.