The new Portuguese nationality law was published on November 10th, 2020, which proceeds to the ninth amendment to Nationality Law n.° 37/81, of 3 October, a law that did not undergo changes since 2018.
The new Portuguese nationality law was published on November 10th, 2020, which proceeds to the ninth amendment to Nationality Law n.° 37/81, of 3 October.
We now highlight the main amendments to the referred diploma:
A) Nationality for grandchildren of portuguese citizens: In relation to Portuguese nationality for grandchildren of Portuguese citizens, these are the relevant considerations:
1. The request for Portuguese nationality by attribution to grandchildren can only be made when at least one ascendant in the 2nd degree in the straight line has Portuguese origin and has not lost that nationality;
2. The requirement of “effective connection” can now be verified by the applicant’s sufficient knowledge of the Portuguese language.
B) Portuguese nationality by origin for children of foreigners, born in Portugal: The children of foreigners, born in Portugal are now immediately entitled to Portuguese nationality if one of their parents is legally resident in the Portuguese territory or, regardless of the title, has been resident here for, at least, one year.
C) Portuguese nationality for children of foreigners, born in Portugal, aged 16 or over: The minor, the child of foreigners, who was born in Portugal, can apply for Portuguese nationality by acquisition when they fulfil one of the following conditions:
1. One of the parents has been resident here, regardless of the permit, for at least the five years immediately preceding the application;
2. One of the parents has legal residence in the national territory; or
3. The minor has attended at least one year of pre-school education or basic, secondary or vocational education.
Note: if the minor is 16 years of age or older, it must also be proven that it was not convicted, with a final sentence, with a prison sentence of 3 years or more, for a crime punishable under Portuguese law, and that it does not constitute danger or threat to national security or defense, for their involvement in activities related to the practice of terrorism.
D) Portuguesse nationality by marriage or common-law residence: Foreign citizens who has been married or in a common-law residence for more than three years with a Portuguese national can acquire Portuguese nationality by means of a declaration made at time of the marriage and provided they have ties to the Portuguese community.
If the marriage or common-law relationship has lasted more than six years, it is understood that there is an effective link with the Portuguese community, without this test being contested.
Tânia Gonçalves Leal,
Lawyer, Partner (firstname.lastname@example.org)