On previous occasions we explained the procedure for obtaining Portuguese nationality due to Sephardic origin, as well as the procedure for applying for nationality for minor children and spouse or permanent partner of a person who acquired Portuguese nationality[1]. On this occasion, other assumptions under which such nationality may be requested will be described[2].
The norms that contain the regulations concerning Portuguese nationality are Decree-Law n. º 237-A/2006 as amended by Decree-Laws n. No. 43/2013 and n. º 71/2017. Before beginning it is pertinent to point out that this article is not addressed to persons who are considered Portuguese by origin or by operation of law, according to article 3°, are those individuals who:
- They were born in Portuguese territory and are children of a Portuguese mother or Portuguese father.
- They were born in Portuguese territory, are children of foreigners, but one of the two parents was born in Portugal and has residence there at the time of birth.
- They were born abroad and the birth certificate states that the father or mother was in the service of the Portuguese State at the date of birth.
- They were born in Portuguese territory and the birth certificate states that they have no other nationality.
A person who was born abroad and is the child of a Portuguese national.
Conditions:
- Being born abroad.
- Have a Portuguese mother or father.
- Declare that you want to acquire Portuguese nationality using the declaration for the acquisition of Portuguese nationality. If the person who is going to apply for nationality is a minor, the procedure must be carried out through his or her legal representatives.
Documents:
- Birth certificate apostilled and translated into Portuguese.
- Civil registry of birth of the Portuguese father or mother.
- Declaration for the acquisition of Portuguese nationality.
Procedure:
The declaration for the acquisition of Portuguese nationality must be signed in the presence of one of the registration officials when it is delivered. Or if the declaration is sent by mail to the “Balcões da Nacionalidade ou para Conservatória dos Registos Centrais”, there must be someone with power of attorney to acknowledge the signatures.
Applications can be submitted at:
- At a window of the Institute of Notary and Registry of the National Center of Support for the Integration of Migrants in Lisbon or Porto.
- At the Areeiro Records Space in Lisbon.
- At the Odivelas citizenship office.
- *If mailing, orders should be sent to:
- Conservatória dos Registos Centrais Rua Rodrigo da Fonseca, 198 1099-003 Lisbon.
Person born in Portugal, child of foreigners who has habitually resided in the country in the 10 years immediately preceding the application for nationality.
Conditions:
- Over 18 years of age (only applies to adults)
- To be born in Portugal.
- Habitually reside in the country for the last 10 years.
- Have sufficient knowledge of the Portuguese language.
- In these cases the acquisition of nationality always depends on a decision of the Ministry of Justice.
Documents:
-Birth registration.
-A request addressed to the Ministry of Justice, written in Portuguese, stating the following:
- The reason for requesting Portuguese nationality and other circumstances that you consider relevant.
- Full name.
- Date of birth.
- Marital status.
- Nationality.
- Parents’ names.
- The profession.
- The address of residence.
- The countries where he lived.
- The number, date and entity that issued your title or residence permit, passport or equivalent identification document.
-Documents proving that in the last 10 years he/she has habitually stayed in Portugal. For example, you must present documents proving that you were enrolled in an educational institution or that you are affiliated with the social security system.
-A document proving that he/she has sufficient knowledge of Portuguese[5]. This document may be:
- A certificate of qualification from a Portuguese public, private or cooperative educational establishment.
- A certificate of approval of the Portuguese test.
- A certificate of Portuguese as a foreign language obtained by taking an exam at a Portuguese assessment center recognized by the Ministry of Education.
- A certificate of qualification from an educational establishment in a country whose official language is Portuguese.
Important clarification: if the person applying for citizenship cannot read or write, the Portuguese language proficiency test must be adapted to his or her ability to demonstrate knowledge of the language.
-Criminal record issued by the countries where the person has lived after the age of 16.
Procedure:
The requisition submitted must be signed in the presence of the registration officials when it is delivered. Or if the declaration is sent by mail to the “Balcões da Nacionalidade ou para Conservatória dos Registos Centrais”, there must be someone with power of attorney to acknowledge the signatures.
*The application is presented in the same places referenced in the first case explained above.
Minor born in Portugal with foreign parents whose father or mother during the 5 years prior to the application legally resides in Portugal; or minor with foreign parents who has completed primary school in Portugal.
Since in this case the person applying for nationality is a minor, the procedures must be carried out through his or her legal representatives.
Requirements
[6]
- Submit the declaration for the acquisition of Portuguese nationality.
- Civil registry of birth of the interested party.
- Must accredit sufficient knowledge of the Portuguese language under the terms of article 25°.
- Document issued by the Foreigners and Borders Service proving that one of the two parents has been residing in Portugal for at least 5 years or present a certificate of studies proving that the minor completed his/her primary education in Portugal.
*The procedure for filing the application is governed by the same terms of the first case explained above.
Person born in Portugal, child of foreigners residing in Portuguese territory for at least 6 years.
Conditions
- Only applies to persons over 18 years of age.
- They must have been legally resident in Portuguese territory for at least 6 years.
- Accredit knowledge of the Portuguese language in accordance with the terms of article 25°.
Documents
- Civil registry of birth of the applicant.
- Document issued by the Foreigners and Borders Service proving that the interested party has been legally residing in Portuguese territory for at least 6 years.
- Document proving sufficient knowledge of the Portuguese language under the terms of article 25°.
- Certificate of criminal record issued by the countries where the person has lived after the age of 16.
*The procedure for filing the application is governed by the same terms of the first case explained above.
Grandchildren of Portuguese national
Be individuals born abroad with at least one ancestor in the second degree in the straight line with Portuguese nationality and who has not lost such nationality. It is worth mentioning that this procedure applies to both adults and minors (in the latter case, it must be carried out through their legal representatives).
Documents:
- Birth certificate apostilled and translated into Portuguese.
- Birth certificate of the father or mother who is the child of the Portuguese grandfather or grandmother, apostilled and translated into Portuguese.
- Civil registry of birth of the Portuguese grandfather or grandmother.
- Criminal record issued by the countries where the person has lived after the age of 16.
- Document proving proficiency in the Portuguese language (certified according to the requirements of article 25°)
- Documents that may contribute to the verification of the link with the Portuguese country.
Requirements:
-Declare that they want to be Portuguese through the declaration for the acquisition of nationality.
– Register your birth in the Portuguese civil registry.
-Have sufficient knowledge of Portuguese.
-That the Government recognizes that the person concerned 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.
- Proof of enrollment in a Portuguese educational institution or proof of knowledge of the language.
*The filing of the application is presented in the same terms of the first case explained above.
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.
[1] These cases are regulated in Articles 13 and 14, respectively, of Decree 237-A/2006.
[2] Portuguese nationality, according to article 3° of Decree 237-A/2006, can be acquired through will, adoption and naturalization.
[4] See: https://justica.gov.pt/Como-obter-nacionalidade-portuguesa/Nasceu-em-Portugal-e-viveu-habitualmente-no-pais-nos-ultimos-10-anos. Also, see Art.23° of Decree-Law no. 237-A/2006.
[5] In Art. 25 Decreto-Lei n.º 237-A/2006 you can find with accuracy and detail all the particularities of the Portuguese language accreditation.
[6] Art.10° Decree-Law no. 237-A/2006
[7] Article 10a added by Decree-Law no. 71/2017.
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