Amendments to the Law regulating Portuguese Nationality

Portuguese Nationality: Changes in the 2020 Law

Law 37/1981 on Portuguese nationality, amended by Decree-Law No. 237-A/2006 and in 2018, underwent further modifications approved on July 23, 2020, by the Portuguese parliament. It's important to clarify that these modifications are not yet in effect, pending presidential promulgation and publication. If you wish to learn more about Immigration Law, we invite you to explore our specialized category. Below is a comparative table of the changes.

Nationality for Grandchildren of Portuguese Nationals

Current Regulation

Modification

1. Be an individual born abroad with at least one second-degree ascendant in a direct line with Portuguese nationality and who has not lost said nationality.
2. Submit a document proving proficiency in the Portuguese language.

The need to prove an objective link with the Portuguese community has been eliminated; knowledge of the language is sufficient. For more details on this process, consult our article on Portuguese Nationality for Grandchildren of Portuguese Citizens.

Nationality for Spouses of Portuguese Nationals

Current Regulation

Article 14 of Decree 237-A/2006 establishes: a marriage of at least 3 years (previously recognized in Portugal) and proof of effective ties with the Portuguese community.

Modification

• If the spouses have a child in common, it will not be necessary to prove that the marriage has lasted for 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 does not have children in common, it is required to prove that it has a minimum duration of six (6) years. The need to prove the minimum duration of the marriage (if there are children in common) and the ties with the Portuguese community has been eliminated. You can find more information about related procedures in our article Procedure for Obtaining Portuguese Nationality for Minor Children and Spouses of Portuguese Citizens.

Nationality for Permanent Partners of Portuguese Nationals

Current Regulation

Article 14 of Decree 237-A/2006 requires: cohabitation in conditions analogous to those of spouses for more than 3 years, with judicial recognition, and proof of effective ties with the Portuguese community.

Modification

If permanent partners have a child in common, it will not be necessary to prove that the marital union has lasted for 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 a minimum duration of six (6) years.

The need to prove the minimum duration of the marital bond and its judicial recognition has been eliminated if the couple has children in common, 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 Sephardic ancestry certificate, which must be issued by the Jewish communities of Porto and/or Lisbon. They do not require prior residence in Portugal, nor do they need to prove proficiency in the Portuguese language or demonstrate objective ties with the country. You can read more about this topic in Portuguese Nationality by Sephardic Origin: Analysis of Decree-Law 30A/2015. Explore our category dedicated to Sephardic Portuguese Nationality for more related content.

Between the modifications approved on July 23 by the Portuguese parliament, none were included regarding this possibility of acquiring nationality. However, since July 15 of this year, a bill has been underway in parliament that requires future applicants to prove that they have objective ties with Portugal. So far, it has not been clearly foreseen how these ties with the Portuguese country should be proven.

If you have any questions about the procedures for obtaining Portuguese nationality, we can help you. At Servicio Legal, we are experts in immigration law and will assist you step by step to achieve your Portuguese nationality. Consider our Portuguese Citizenship by Sephardic Descent service. For comprehensive legal support, explore our Immigration Lawyers Colombia services.

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