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Portuguese nationality law

The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

Nationality Act
Lei da Nacionalidade
Assembly of the Republic
CitationAct No. 37/81
Territorial extentPortugal
Enacted byAssembly of the Republic
Enacted3 October 1981[1]
Commenced3 October 1981
Status: Amended

All persons born in Portugal before 3 October 1981 are automatically citizens by birth regardless of the nationalities of their parents. Individuals born in the country since that date receive Portuguese citizenship at birth if at least one of their parents is a Portuguese citizen or has resided in the country for at least one year. Foreign nationals may become citizens by naturalisation after living in Portugal for more than five years and showing proficiency in the Portuguese language. Due to Portugal's historical status as a colonial empire, some individuals with a connection to a former colony may acquire citizenship.

Terminology edit

The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a country and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that nation.[2] In the Portuguese context, the two terms are normally used interchangeably. However, it can be possible for a non-national to obtain a degree of civil and political rights commonly associated with citizenship (e.g. voting rights), particularly individuals from Lusophone countries.[3]

History edit

1603 Ordination edit

The first legal arrangements for Portuguese citizenship were created through the 1603 Ordination of King Philip II of Portugal (the Ordenações Filipinas). It regulated the acquisition of citizenship at birth through a mixed system of jus soli and jus sanguinis. Citizenship was acquired by children born in Portugal in wedlock to Portuguese fathers or out of wedlock to Portuguese mothers. Children born outside Portuguese territory did not receive citizenship unless their in-wedlock father or out-of-wedlock mother was in royal service abroad. Children born in Portugal to a non-Portuguese father in-wedlock or out-of-wedlock non-Portuguese mother only acquired citizenship if that parent had been living in Portugal for at least ten years and owned property there.[4]

1822 constitution edit

The Portuguese Constitution of 1822 both expanded and contracted transmission of citizenship by eliminating the parental property ownership requirement for jus soli birth to a non-Portuguese parent but by also requiring that the child continue to live in Portugal and declare the option for Portuguese nationality upon adulthood. It also expanded citizenship by descent to all children born outside Portugal to an in-wedlock Portuguese father or out-of-wedlock Portuguese mother, with the condition that the child take up residence in Portugal if the parent was not in royal service. Loss could occur with naturalisation in another country or the acceptance of foreign government employment, honors, or pension without Portuguese government permission. Discretionary naturalisation could be granted to persons who were living in Portugal while married to a Portuguese woman; acquired a trading, farming, or industrial establishment in Portugal; or performed certain services to the country.[4]

1826 constitutional charter edit

The Constitutional Charter of 1826, in effect during bouts of infighting and warring between 1826 and 1828, 1834 and 1836, and then finally between its 1842 restoration and the 1910 end of the monarchy and the founding of the Republic of Portugal, expanded jus soli to all non-enslaved persons born in Portuguese territory, as inspired by the 1824 Imperial Constitution of Brazil. Citizenship by descent continued to be limited to those children born outside Portugal whose in-wedlock fathers or out-of-wedlock mothers lived in Portugal, except where that parent was abroad in royal service. Loss of citizenship could occur with foreign naturalisation, certain criminal convictions, or acceptance of foreign government honors or rewards without Portuguese permission. It left to regular law the specifications for naturalisation, which in 1836 were detailed as being an adult, being financially self-sufficient, and having two years of residence in Portugal (except for a person of Portuguese origin, having a Portuguese wife, or having accomplished certain actions).[4]

1867 civil code edit

The 1867/1868 Civil Code provisions provided the details for the 1826 charter's broad language, including the ability for a child to opt out by declaration from the automatic jus soli citizenship for persons born in Portugal to a foreign father or out-of-wedlock mother. (If the declaration was made on behalf of the child, the child could withdraw the declaration upon adulthood.) The 1867 civil code additions also softened the jus sanguinis requirements of the 1826 charter by allowing for jus sanguinis by declaration of desire for Portuguese nationality as an alternative to actual residence in Portugal. Naturalisation was extended automatically to a foreign woman who married a Portuguese man. The 1867 code also updated the 1836 wording on naturalisation conditions, to make it available to a person who was an adult, was financially self-sufficient, did not have a criminal record, had performed all military duties in the country of origin, and had three years of residence in Portugal (except for a person of Portuguese origin, having a Portuguese wife, or having accomplished certain actions).[4]

Loss occurred with naturalisation in another country (but only for the individual concerned, not a wife or child unless they declared otherwise); accepting without permission a foreign government's public office, pension, or honors; expulsion by judicial decision; and marriage by a Portuguese woman to a foreign man if the woman acquired her husband's citizenship by marriage. Each was subject to different conditions on whether and how Portuguese citizenship could be reacquired at a later point.[4]

Law 2098 of 29 July 1959 edit

Under the 1959 act, Portuguese citizenship was acquired automatically by persons born in Portuguese territory as long as the father was not foreign and in foreign government service, or, if the father was stateless, unknown, of unknown citizenship, as long as the mother was not foreign and in foreign government service.[4][5]

Citizenship by descent was only automatic for a child born abroad to a Portuguese father or a Portuguese mother who was abroad for Portuguese government service. Otherwise it required either declaration of option for Portuguese nationality, registration in the Portuguese Register of Births, or residence in Portuguese territory with declaration.[4][5] The government maintained the right to oppose this grant. A foreign woman who married a Portuguese man would automatically acquire Portuguese nationality unless she declared otherwise and proved that her own country's legislation would not remove her citizenship.[4]

Discretionary naturalisation was largely the same as in the 1867 civil code as amended by a 1910 decree. Residency and language requirements were absolutely waived for descendants of Portuguese citizens, and the requirements could also be waived for foreign men who married Portuguese women or those who had performed notable service to Portugal. Naturalisation could also be granted by the government to foreigners from communities with Portuguese ancestors.[4][5]

Loss could occur by voluntary acquisition of foreign citizenship (if not voluntary, loss could be pursued by the Portuguese government if it wished), performing public office or military service in a foreign country of which that person was not also a citizen, marriage by a Portuguese woman to a foreign man if she automatically obtained the husband's citizenship and did not declare her wish to the contrary or prevent acquisition, and renunciation. The Portuguese government cabinet also empowered the government to decree loss of citizenship for a person with dual citizenship who behaved only like a foreigner, who was convicted of a crime against Portugal's external security, or illicitly acted with a foreign country against Portugal's interests. The law again offered a variety of means to reacquire citizenship after loss.[4][5]

Territorial changes edit

Portugal enacted Decree-Law 308-A/75 of 24 June 1974 to address the issue of losing or retaining Portuguese citizenship by those who had been born or were living in the Portuguese overseas territories which had gained independence. It was assumed that these persons would acquire the citizenship of the new state. The Decree-Law thus merely stipulated that Portuguese citizenship would be retained by those persons who had not been born overseas but were living there. In addition were those who, despite having been born in the territory of the colonies, had maintained a special connection with mainland Portugal by having been long-term residents there. All those not covered by one of the situations which enabled them to keep Portuguese citizenship would lose it ex lege.

Decree-Law 308/75 of 24 June 1975 was a response to the loss of Portuguese citizenship by many people born in former territories of Portugal in Africa and elsewhere that had acquired independence. It maintained Portuguese citizenship for persons who had not been born in those territories but were now living there, and those who maintained a connection with Portugal itself by long-term residence. The legislation was the source of confusion and object of criticism, for, among other reasons, its inherent removal of citizenship from some persons and its path to statelessness for others.[4][6]

Special rules exist concerning the acquisition of Portuguese citizenship through connections with Angola, Brazil, Cape Verde, Goa, Guinea Bissau, Mozambique, Macau and São Tomé and Príncipe.

India edit

Portuguese India was taken by force with two military offensives in 1954 and 1961.[7] Although most residents of these territories were given a choice between acquiring Indian citizenship and retaining their previous nationalities, those from Dadra and Nagar Haveli were not.[8] In Goa, Daman and Diu, residents automatically became Indian citizens on 20 December 1961 unless they had made a written declaration before this date stating their intention to retain their existing nationality.[9] Portugal did not recognise the annexation of its former Indian territories;[10] persons born in applicable areas before 3 June 1975 were recognized as Portuguese citizens.[11]

East Timor edit

East Timor was a territory of Portugal (Portuguese Timor) until its invasion by Indonesia in 1975, followed by annexation in 1976. Indonesian citizenship was conferred by Indonesia; however, while the Indonesian annexation was recognised by Australia and some other countries, Portugal did not recognise Indonesian sovereignty over East Timor. As a result, Decree-Law 308-A/75 of 24 June 1974 was not enforced to revoke the Timorese of their Portuguese nationality.

The question of whether East Timorese were entitled to Portuguese citizenship was raised on numerous occasions in the Australian courts in the context of applications for refugee status in Australia by East Timorese. The Australian immigration authorities argued that if East Timorese were Portuguese citizens, they should be expected to seek protection there and not in Australia.[12][13]

In 1999, East Timor no longer remained a territory under Portuguese administration, which meant that children born in East Timor from then on were to be considered born abroad. Under Law 37/81, the attribution of Portuguese citizenship by origin to persons born in East Timor to a Portuguese parent is now dependent upon registration at the Portuguese civil registry or, alternatively, upon declaration of the will to be Portuguese.

Owing to the lack of employment opportunities in their country and the becoming a member of Community of Portuguese-Speaking Countries, many East Timorese have taken advantage of Portuguese citizenship to live and work in Portugal and other EU countries.[14]

Macau edit

The former Portuguese territory of Macau became a Special Administrative Region of the People's Republic of China on 20 December 1999.

Portugal had extended its nationality laws to Macau with those born before 1981 acquiring nationality by jus soli and by jus sanguinis after 1981. Many residents of Macau (either of Chinese & Portuguese descent) hold Portuguese citizenship on this basis. It is no longer possible to acquire Portuguese citizenship by connection with Macau before 3 October 1981 and after 20 December 1999 transfer of sovereignty to China, except by birth or association with the territory previous to that date.[15][16]

However, those born after 20 December 1999 to Portuguese from Macau or Macanese that hold Portuguese citizenship, and/or to Chinese who hold Portuguese citizenship, are eligible to the citizenship themselves due to the Portuguese heritage law[17] (Jus Sanguinis), except when born to Chinese and/or Portuguese parents who possess Chinese citizenship after 20 December 1999 or when Chinese and/or Portuguese couple with Portuguese citizenship renounced their nationality by naturalisation after 20 December 1999.

Restrictions to birthright citizenship edit

Versions of the still current Decree-Law 37/81 of 3 October 1981 as amended at any date up to the present are available by entering the date in the official Portuguese legislation Web site.[18]

The Portuguese Constitution of 1976 introduced the principles of non-discrimination on the basis of sex and marital status of parents at birth, and a fundamental right to citizenship. The political parties of Portugal agreed that new nationality legislation was required to achieve compatibility with the constitution, and finally approved it in 1981.[4]

The 1981 law responded to the dramatic decrease in size of Portugal because of decolonisation, and the resulting need to increase the number of Portuguese citizens—although notably not attempting to include African and other non-European-origin Portuguese speakers of former Portuguese territories—because of the flow of emigrants leaving Portugal in recent decades (an emigrant population estimated at more than four million) and the desire to retain ties with those emigrants' children and grandchildren as a resource to the Portuguese state. The center-right governing coalition viewed it as very important to create changes that would facilitate Portuguese citizenship for emigrants and their descendants because Portugal had become a small country with widespread emigration and needed to make the best of the situation.[4]

Jus sanguinis was still by either expression of intent or registration of birth in the Portuguese civil register, but was modernised to allow it to flow through either a Portuguese mother or father. To help prevent further reduction in Portuguese citizen numbers and to recognise the fundamental citizenship right, citizenship loss could only be accomplished voluntarily, and multiple citizenship was fully tolerated, and renunciation of other citizenships was not required to acquire Portuguese citizenship.[4]

Jus soli citizenship, in contrast, was restricted to require expression of intent and either of the parents having lived in Portugal for at least six years beforehand.[4]

As part of the modernization, automatic acquisition of Portuguese citizenship by a woman marrying a Portuguese man was ended, and became simply one of the grounds on which naturalisation could be requested. The ability for persons who had previously lost citizenship due to marriage or voluntary acquisition of foreign citizenship to reacquire Portuguese citizenship was introduced.[4]

European integration edit

In 1986, Portugal joined the European Communities (EC), a set of organisations that later developed into the European Union (EU).[19] Irish citizens have since been able to work in other EC/EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome[20] and participated in their first European Parliament elections in 1987.[21] With the creation of European Union citizenship by the 1992 Maastricht Treaty, free movement rights were extended to all nationals of EU member states regardless of their employment status.[22] The scope of these rights was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland,[23] which concluded a separate free movement agreement with the EU that came into force in 2002.[24]

Law 25/94 of 1994 edit

In response to an increase in the 1990s of unlawful immigration into Portugal, the governing coalition amended the 1981 act by limiting jus soli and naturalisation. For jus soli, the parents were now required not only to reside in Portugal, but to hold a residence permit—and the work permit or permit of stay possessed by a large percentage of foreigners living in Portugal would not be sufficient. If the parents were not from a Lusophone country, the minimum period of residence was increased from six year to 10 years.[4]

A person married to a Portuguese citizen was now required to be married for at least three years before acquiring citizenship, and was required to carry the burden of proof of showing an effective link to the Portuguese community.[4]

Organic Law 1/2004 edit

To reduce the effects of some earlier legislation on Portuguese emigrant communities, the law removed the power of the government to oppose reacquisition of nationality, made acquisition of Portuguese citizenship automatic if the loss of nationality had not been registered, and made reacquisition retroactive to the date of loss. That opened the doors for children born abroad of Portuguese emigrants to more easily acquire citizenship by descent.[4]

Organic Law 2/2006 edit

The election of a Socialist Party-led government in 2005 led gave rise to the passage of a bill to modernize Portuguese nationality law, in recognition of the impact of years of immigration into the country.[4]

The objectives were to integrate second- and third- generation immigrants who did not have citizenship, to comply with judicial and legal demands that the nationality law be consistent with the European Convention of Nationality and its non-discrimination clauses, and to lessen confusion of outdated wording and definitions that relied on simple regulation instead of law.[4]

To do so, the law eliminated some requirements for naturalisation (such as proving a link to the Portuguese community and minimum subsistence requirements), clarified others (changing ambiguous requirements of moral and social behavior to a requirement of no conviction for a crime carrying a prison sentence of at least three years in Portugal), and reduced some (minimum residency was uniformly lessened to six years).[4]

Double jus soli was introduced, with citizenship automatically extended to individuals with a parent also born in Portuguese territory who resided there at the time of the child's birth. The effect is retroactive.[4]

Citizenship was also made available, by declaration, to individuals born in Portuguese territory to foreign parents if at least one parent had legally resided in Portugal for at least five years.[4][25]

Naturalisation for children was made available to those who had a parent who resided legally in Portugal for at least five years or who completed the first cycle of basic education.[4][25]

Organic Law 9/2015 edit

This law enabled grandchildren of Portuguese citizens, include those born abroad prior to entry into force, to acquire Portuguese citizenship, if they have verified ties to the Portuguese community, the birth is registered in the Portuguese civil registry, and the grandchild declares the preference for Portuguese nationality.[4]

Organic Law 2/2018 edit

The 2018 law further expanded a number of the allowances created in the 2006 law.[4]

It reduced the minimum time of a parent's residence in Portugal, while not in foreign government service, from five years to two years for the child born in Portugal to automatically receive citizenship at birth. It did the same for a child seeking naturalisation, while also allowing a child's naturalisation if the parent was resident unlawfully.[4][26]

Recent changes edit

As of May 2015, under the newly approved Portuguese Nationality Act (Article 1, n.1, paragraph d) persons born abroad with, at least, one Portuguese ascendant in the second degree of the direct line who has not lost this citizenship, are Portuguese by origin, provided that they declare that they want to be Portuguese, that they have effective ties with the national community and, once these requirements are met, that are only required to register their birth in any Portuguese civil registry.[27]

Portuguese nationality law was amended in 2006[28] based on the proposals of deputy Neves Moreira, member of the Democratic Social Party (PSD): a foreign-born person whose grandparent never lost Portuguese citizenship became able to request naturalisation without the need to document 6 years residence in Portugal.[29]

Because nationality acquired through naturalisation is not the same as nationality acquired through descent, members of the PSD proposed in 2009 another change in the law. This proposal would have given nationality by origin (descent) rather than by naturalisation to the grandchildren of Portuguese citizens but it was rejected.[30] In 2013, members of the PSD tried to pass a similar measure again[31] but due to the political and economic crisis that engulfed the country, no vote was ever taken on the measure.[32]

Acquisition and loss of citizenship edit

Entitlement by birth, descent, or adoption edit

All persons born in Portuguese territory before 3 October 1981 automatically received citizenship at birth regardless of the nationalities of their parents.[33] Individuals born domestically since that date receive Portuguese citizenship at birth if at least one parent is a Portuguese citizen.[34] Stateless children born in the country automatically become citizens with no further requirements.[34] Adopted children of Portuguese citizens automatically acquire citizenship on completion of the adoption process.[35]

One Year Residency Requirement of Parents edit

Children born in the country to noncitizens are eligible to make a voluntary declaration of intent to acquire Portuguese citizenship if at least one parent has been resident in Portuguese territory for a minimum requisite period.[36] Currently, as of 2024, a child born in Portugal can receive Portuguese citizenship if either parent is a resident of Portugal - legal or otherwise - for a minimum of 1 year.[37]

Between 1981 and 1994, a parent was required to have resided in Portuguese territory for at least six years before their child's birth. This was increased to 10 years for foreign parents from non-Lusophone countries between 1994 and 2006. Since 2006, this residence requirement has been lowered to five years for parents from any foreign country.[38]

Individuals born overseas to a Portuguese parent are eligible to acquire citizenship by descent if their births are registered at a Portuguese diplomatic mission or if they register as citizens at any later point. Grandchildren of Portuguese citizens may also acquire citizenship by descent with additional requirements; they are required to formally declare their intention of becoming Portuguese, prove substantial ties with the nation, and register their births in the national registry.[39]

Voluntary acquisition edit

Foreigners over the age of 18 may become Portuguese citizens by naturalisation after residing in the country for more than five years and demonstrating proficiency in the Portuguese language. Citizenship applicants who were granted a Golden Visa can calculate their time of residency based on the date they applied for the residence permit instead of the date they physically moved to the country.[40] Any person convicted of a crime resulting in imprisonment for more than three years or who otherwise presents a threat to national defence is barred from naturalising. Noncitizen minors born in Portugal who meet the language and behaviour requirements are eligible for naturalisation provided that they have also completed at least one cycle of domestic primary or secondary education and have at least one parent who has resided in the country for the previous five years, regardless of their legal residence status. All other noncitizens born in Portugal to a parent who was residing in the country at the time of their births and who have themselves resided in Portugal for at least five years prior to application are eligible for naturalisation. Individuals who are married to Portuguese citizens may acquire citizenship by declaration after three years of residence.[41]

Loss and resumption edit

Portuguese citizenship can be relinquished by making a declaration of renunciation, provided that the declarant already possesses another nationality. It cannot be involuntarily stripped by the government in any situation, and may not be renounced if loss of citizenship would make a person stateless. Under circumstances where birth records were forged to acquire Portuguese citizenship, the nullification of an affected individual's citizenship would not be treated as loss of that status, but that the individual had never acquired it from birth.[42]

Former citizens who lost citizenship while they were children may apply to reacquire citizenship. Reacquisition can be formally opposed by the Public Prosecution Service within one year of an application, but is otherwise granted after expiration of that period. Women who lost Portuguese citizenship by marriage to foreign men are able to able to apply for reacquisition without being subject to the non-opposition requirement. Any person who previously lost citizenship on their acquisition of another nationality automatically had their Portuguese citizenship restored in 1981, unless that loss had been registered with the Portuguese government. If their loss was recorded, that affected individual is eligible to apply for reacquisition without opposition from authorities.[43]

Jewish Law of Return edit

An amendment to Portugal's 'Law on Nationality' allows descendants of Portuguese Jews who were expelled in the Portuguese Inquisition to become citizens if they 'belong to a Sephardic community of Portuguese origin with ties to Portugal.'[44] In 2020 there were reports that changes to the Law of Return were proposed which would restrict eligibility for citizenship to people who had lived in Portugal for two years. The restrictions were rejected by the ruling Socialist party and did not become law at the time.[citation needed]

The Portuguese parliament passed legislation facilitating the naturalisation of descendants of 16th-century Jews who fled because of religious persecution. On that day Portugal became the only country besides Israel enforcing a Jewish Law of Return. Two years later, Spain adopted a similar measure.

The motion, which was submitted by the Socialist and Center Right parties, was read on Thursday 11 April 2013 in parliament and approved unanimously on Friday 12 April 2013 as an amendment to Portugal's "Law on Nationality" (Decree-Law n.º 43/2013). Portuguese nationality law was further amended to this effect by Decree-Law n.º 30-A/2015, which came into effect on 1 March 2015.[45]

The amended law allows descendants of Jews who were expelled in the 16th century to become citizens if they "belong to a Sephardic community of Portuguese origin with ties to Portugal," according to José Oulman Carp, president of Lisbon's Jewish community. The website of the World Jewish Congress says that the Jewish Community of Lisbon is the organization that unites local communal groups of Lisbon and its environs, while the Jewish Community of Oporto is the organization that unites local communal groups of Oporto.

Applicants must be able to prove a Sephardic line in their family tree. Another factor is "the language spoken at home," a reference which also applies to Ladino (Judeo-Portuguese and/or Judeo-Spanish). Furthermore, applicants must be able to prove an "emotional and traditional connection with the former Portuguese Sephardic Community," commonly established through a letter from an Orthodox rabbi confirming Jewish heritage.[46] The amendment also says applicants need not reside in Portugal, an exception to the requirement of six years of consecutive residency in Portugal for any applicant for citizenship.

From 2015 several hundred Turkish Jews who were able to prove Sephardi ancestry have immigrated to Portugal and acquired citizenship.[47][48][49] Nearly 1,800 descendants of Sephardic Jews acquired Portuguese nationality in 2017.[50] By February 2018, 12,000 applications were in process, and 1,800 applicants had been granted Portuguese citizenship in 2017.[51] By July 2019 there had been about 33,000 applications, of which about a third had already been granted after a long process of verification.[52] By November 2020 Portugal had granted citizenship to about 23,000 people, about 30% of the roughly 76,000 applications submitted since 2015;[53] the number was stated as 56,685 granted, with 80,102 pending, at the end of January 2022.[54] As of January 2023, the number of pending cases was reported to be over 300,000.[55]

After some notorious cases where it was reported that people without a valid claim had been granted citizenship, with falsification of documents and other misdeeds, the Portuguese government on 9 March 2022 implemented a decree-law to increase scrutiny of candidates, who will have to prove an "effective connection with Portugal".[56] Among cases being investigated was that of Russian billionaire Roman Abramovich, although it was not expected that changes would be retroactive for people already granted citizenship.[57]

See also edit

References edit

Citations edit

  1. ^ Nationality Act.
  2. ^ Kondo 2001, pp. 2–3.
  3. ^ Gil & Piçarra 2012, pp. 1–2.
  4. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab Gil & Piçarra 2012.
  5. ^ a b c d Presidência da República (29 July 1959). "Lei n.º 2098". Diário do Governo. Retrieved 19 April 2021.
  6. ^ "Decreto-Lei n.º 308-A/75". Diário do Governo. 24 June 1975. Retrieved 20 April 2021.
  7. ^ Gonçalves 2003, p. 56.
  8. ^ Ashesh & Thiruvengadam 2017, p. 15.
  9. ^ Ferrao 2010, pp. 250–251.
  10. ^ Ferrao 2010, p. 249.
  11. ^ Ferrao 2010, p. 251.
  12. ^ "Lay Kon Tji v Minister for Immigration & Ethnic Affairs [1998] FCA 1380". Federal Court of Australia. 30 October 1998. Retrieved 22 September 2020.
  13. ^ "Jong Kim Koe v Minister for Immigration & Multicultural Affairs [1997] FCA 306". Federal Court of Australia. 2 May 1997. Retrieved 22 September 2020.
  14. ^ "Talks follow migrant worker clash", BBC News, 9 December 2005, retrieved 31 August 2008
  15. ^ Chio In Fong. . Archived from the original on 4 February 2006. Retrieved 4 February 2006.
  16. ^ . Odireito.com.mo. Archived from the original on 1 November 2013. Retrieved 7 March 2014.
  17. ^ [Portuguese citizenship] (in Portuguese). Tirarpassaporte.com. Archived from the original on 28 February 2015.{{cite web}}: CS1 maint: unfit URL (link)
  18. ^ "Lei da Nacionalidade (Consolidado)" [Law of Nationality (consolidated)] (in Portuguese). Diário da República. Web page displays current version, or version at any earlier specified date.
  19. ^ Nugent 2017, p. 55.
  20. ^ Siskind 1992, pp. 899, 906.
  21. ^ Delaney, Paul (19 May 1987). "Change in the Air: Portugal Prepares for Key Vote". The New York Times.
  22. ^ Wiener 1997, pp. 529, 544.
  23. ^ Tobler 2020, pp. 482–483.
  24. ^ Vahl & Grolimund 2006, p. 12.
  25. ^ a b "Lei Orgânica n.º 2/2006". Diário do Governo. 17 April 2006. Retrieved 19 April 2021.
  26. ^ "Lei Orgânica n.º 2/2018". Diário do Governo. 5 July 2018. Retrieved 19 April 2021.
  27. ^ "Community: Citizenship granted to grandchildren of Portuguese expats – Portugal". Portuguese American Journal. 29 July 2015. from the original on 20 October 2017.
  28. ^ "DECRETO N.º 42/X – QUARTA ALTERAÇÃO À LEI N.º 37/81, DE 3 DE OUTUBRO (LEI DA NACIONALIDADE)" (PDF). Retrieved 1 May 2015.
  29. ^ "LEI ORGÂNICA N.º 2/2006 – QUARTA ALTERAÇÃO À LEI N.º 37/81, DE 3 DE OUTUBRO (LEI DA NACIONALIDADE)" [Organic Law No.2/2006 - fourth alteration of Law No. 37/81, of 3 October (Law of Nationality)] (PDF) (in Portuguese). 30 March 2006. Article 6.4.
  30. ^ "Projeto de Lei 30/XI". from the original on 5 January 2015. Retrieved 1 May 2015.
  31. ^ "Projeto de Lei 382/XII". from the original on 19 April 2015. Retrieved 1 May 2015.
  32. ^ "How Portugal's politics are spoiling Europe's austerity recipe". 16 July 2013. Retrieved 1 May 2015.
  33. ^ Gil & Piçarra 2012, pp. 5, 9.
  34. ^ a b Gil & Piçarra 2012, p. 15.
  35. ^ Gil & Piçarra 2012, p. 17.
  36. ^ Gil & Piçarra 2012, p. 9.
  37. ^ BRIDGE, ATLANTIC (18 April 2024). "Portuguese Citizenship for Children Born in Portugal: How to apply". Retrieved 18 April 2024.
  38. ^ Gil & Piçarra 2012, pp. 9–10, 14.
  39. ^ Gil & Piçarra 2012, p. 16.
  40. ^ "Shorter Path to Portuguese Citizenship". Arton Capital. 9 January 2024. Retrieved 5 February 2024.
  41. ^ Gil & Piçarra 2012, pp. 20–22.
  42. ^ Gil & Piçarra 2012, p. 23.
  43. ^ Gil & Piçarra 2012, p. 24.
  44. ^ 16th century Jewish refugees can claim Portuguese citizenship, Haaretz, 13 April 2013, from the original on 24 October 2013
  45. ^ (PDF). cilisboa.org. Archived from the original (PDF) on 9 November 2017. Retrieved 25 April 2018.
  46. ^ "Portuguese Nationality for Sephardic Descendants" (PDF). Comunidade Israelita do Porto. Retrieved 26 October 2018.
  47. ^ Devos, Olivier (16 September 2016). "Amid rising European anti-Semitism, Portugal sees Jewish renaissance". The Times of Israel. from the original on 4 August 2017. Retrieved 3 August 2017.
  48. ^ Liphshiz, Cnaan (12 February 2016). "New citizenship law has Jews flocking to tiny Portugal city". The Times of Israel. from the original on 15 July 2017. Retrieved 3 August 2017.
  49. ^ "Portugal open to citizenship applications by descendants of Sephardic Jews". Jewish Telegraphic Agency. 3 March 2015. from the original on 3 August 2017. Retrieved 3 August 2017.
  50. ^ Liphshiz, Cnaan (24 February 2018). "A soaring number of Jews acquired Portuguese citizenship in 2017". The Times of Israel. from the original on 11 March 2018. Retrieved 22 September 2020.
  51. ^ "1.800 Sephardic Jews get Portuguese citizenship". European Jewish Congress. 26 February 2018.
  52. ^ Liphshiz, Cnaan (17 July 2019). "Portugal grants citizenship to 10,000 descendants of Sephardi Jews". The Times of Israel.
  53. ^ JTA (9 November 2020). "Portugal Naturalizes 23,000 Applicants Under Jewish Law of Return - Jewish Exponent". Jewish Exponent.
  54. ^ "Portugal has granted Portuguese citizenship to 56,685 descendants of Sephardic Jews". Jewish News Syndicate. 8 February 2022.
  55. ^ Renascença (20 January 2023). "Registos sem capacidade para dar resposta a mais de 300 mil pedidos de nacionalidade portuguesa - Renascença". Rádio Renascença (in European Portuguese). Retrieved 24 February 2023.
  56. ^ Donn, Natasha (16 March 2022). "Changes announced to Sephardic Jew nationality law". Portugal Resident.
  57. ^ "Roman Abramovich: Rabbi investigated over Portuguese citizenship". BBC News. 12 March 2022.

Sources edit

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  • Kondo, Atsushi, ed. (2001). Citizenship in a Global World. Palgrave Macmillan. doi:10.1057/9780333993880. ISBN 978-0-333-80266-3.
  • Lei da Nacionalidade [Nationality Act] (PDF) (37/81) (in Portuguese). Assembly of the Republic. 3 October 1981. Retrieved 8 July 2022.
  • Nugent, Neill (2017). The Government and Politics of the European Union (8th ed.). Macmillan Publishers. ISBN 978-1-137-45409-6.
  • Siskind, Gregory (1992). "Freedom of Movement for Lawyers in the New Europe". The International Lawyer. 26 (4). American Bar Association: 899–931. JSTOR 40707010.
  • Tobler, Christa (2020). "Free Movement of Persons in the EU v. in the EEA: of Effect-Related Homogeneity and a Reversed Polydor Principle". In Cambien, Nathan; Kochenov, Dimitry; Muir, Elise (eds.). European Citizenship under Stress: Social Justice, Brexit and Other Challenges. Brill. pp. 482–507. ISBN 978-90-04-42245-2. JSTOR 10.1163/j.ctv2gjwnvm.25.
  • Vahl, Marius; Grolimund, Nina (2006). Integration Without Membership: Switzerland's Bilateral Agreements with the European Union (PDF). Centre for European Policy Studies. ISBN 92-9079-616-2. (PDF) from the original on 18 May 2022. Retrieved 25 February 2023.
  • Wiener, Antje (August 1997). "Making Sense of the New Geography of Citizenship: Fragmented Citizenship in the European Union". Theory and Society. 26 (4). Springer: 529–560. doi:10.1023/A:1006809913519. JSTOR 657860. S2CID 189868416.

External links edit

  • Agency for Integration, Migration and Asylum

portuguese, nationality, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, ap. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Portuguese nationality law news newspapers books scholar JSTOR April 2012 Learn how and when to remove this template message The primary law governing nationality of Portugal is the Nationality Act which came into force on 3 October 1981 Portugal is a member state of the European Union EU and all Portuguese nationals are EU citizens They are entitled to free movement rights in EU and European Free Trade Association EFTA countries and may vote in elections to the European Parliament Nationality ActLei da NacionalidadeAssembly of the RepublicCitationAct No 37 81Territorial extentPortugalEnacted byAssembly of the RepublicEnacted3 October 1981 1 Commenced3 October 1981Status Amended All persons born in Portugal before 3 October 1981 are automatically citizens by birth regardless of the nationalities of their parents Individuals born in the country since that date receive Portuguese citizenship at birth if at least one of their parents is a Portuguese citizen or has resided in the country for at least one year Foreign nationals may become citizens by naturalisation after living in Portugal for more than five years and showing proficiency in the Portuguese language Due to Portugal s historical status as a colonial empire some individuals with a connection to a former colony may acquire citizenship Contents 1 Terminology 2 History 2 1 1603 Ordination 2 2 1822 constitution 2 3 1826 constitutional charter 2 4 1867 civil code 2 5 Law 2098 of 29 July 1959 2 6 Territorial changes 2 6 1 India 2 6 2 East Timor 2 6 3 Macau 2 7 Restrictions to birthright citizenship 2 8 European integration 2 9 Law 25 94 of 1994 2 10 Organic Law 1 2004 2 11 Organic Law 2 2006 2 12 Organic Law 9 2015 2 13 Organic Law 2 2018 2 14 Recent changes 3 Acquisition and loss of citizenship 3 1 Entitlement by birth descent or adoption 3 2 One Year Residency Requirement of Parents 3 3 Voluntary acquisition 3 4 Loss and resumption 3 5 Jewish Law of Return 4 See also 5 References 5 1 Citations 5 2 Sources 6 External linksTerminology editThe distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country Generally nationality refers a person s legal belonging to a country and is the common term used in international treaties when referring to members of a state citizenship refers to the set of rights and duties a person has in that nation 2 In the Portuguese context the two terms are normally used interchangeably However it can be possible for a non national to obtain a degree of civil and political rights commonly associated with citizenship e g voting rights particularly individuals from Lusophone countries 3 History edit1603 Ordination edit The first legal arrangements for Portuguese citizenship were created through the 1603 Ordination of King Philip II of Portugal the Ordenacoes Filipinas It regulated the acquisition of citizenship at birth through a mixed system of jus soli and jus sanguinis Citizenship was acquired by children born in Portugal in wedlock to Portuguese fathers or out of wedlock to Portuguese mothers Children born outside Portuguese territory did not receive citizenship unless their in wedlock father or out of wedlock mother was in royal service abroad Children born in Portugal to a non Portuguese father in wedlock or out of wedlock non Portuguese mother only acquired citizenship if that parent had been living in Portugal for at least ten years and owned property there 4 1822 constitution edit The Portuguese Constitution of 1822 both expanded and contracted transmission of citizenship by eliminating the parental property ownership requirement for jus soli birth to a non Portuguese parent but by also requiring that the child continue to live in Portugal and declare the option for Portuguese nationality upon adulthood It also expanded citizenship by descent to all children born outside Portugal to an in wedlock Portuguese father or out of wedlock Portuguese mother with the condition that the child take up residence in Portugal if the parent was not in royal service Loss could occur with naturalisation in another country or the acceptance of foreign government employment honors or pension without Portuguese government permission Discretionary naturalisation could be granted to persons who were living in Portugal while married to a Portuguese woman acquired a trading farming or industrial establishment in Portugal or performed certain services to the country 4 1826 constitutional charter edit The Constitutional Charter of 1826 in effect during bouts of infighting and warring between 1826 and 1828 1834 and 1836 and then finally between its 1842 restoration and the 1910 end of the monarchy and the founding of the Republic of Portugal expanded jus soli to all non enslaved persons born in Portuguese territory as inspired by the 1824 Imperial Constitution of Brazil Citizenship by descent continued to be limited to those children born outside Portugal whose in wedlock fathers or out of wedlock mothers lived in Portugal except where that parent was abroad in royal service Loss of citizenship could occur with foreign naturalisation certain criminal convictions or acceptance of foreign government honors or rewards without Portuguese permission It left to regular law the specifications for naturalisation which in 1836 were detailed as being an adult being financially self sufficient and having two years of residence in Portugal except for a person of Portuguese origin having a Portuguese wife or having accomplished certain actions 4 1867 civil code edit The 1867 1868 Civil Code provisions provided the details for the 1826 charter s broad language including the ability for a child to opt out by declaration from the automatic jus soli citizenship for persons born in Portugal to a foreign father or out of wedlock mother If the declaration was made on behalf of the child the child could withdraw the declaration upon adulthood The 1867 civil code additions also softened the jus sanguinis requirements of the 1826 charter by allowing for jus sanguinis by declaration of desire for Portuguese nationality as an alternative to actual residence in Portugal Naturalisation was extended automatically to a foreign woman who married a Portuguese man The 1867 code also updated the 1836 wording on naturalisation conditions to make it available to a person who was an adult was financially self sufficient did not have a criminal record had performed all military duties in the country of origin and had three years of residence in Portugal except for a person of Portuguese origin having a Portuguese wife or having accomplished certain actions 4 Loss occurred with naturalisation in another country but only for the individual concerned not a wife or child unless they declared otherwise accepting without permission a foreign government s public office pension or honors expulsion by judicial decision and marriage by a Portuguese woman to a foreign man if the woman acquired her husband s citizenship by marriage Each was subject to different conditions on whether and how Portuguese citizenship could be reacquired at a later point 4 Law 2098 of 29 July 1959 edit Under the 1959 act Portuguese citizenship was acquired automatically by persons born in Portuguese territory as long as the father was not foreign and in foreign government service or if the father was stateless unknown of unknown citizenship as long as the mother was not foreign and in foreign government service 4 5 Citizenship by descent was only automatic for a child born abroad to a Portuguese father or a Portuguese mother who was abroad for Portuguese government service Otherwise it required either declaration of option for Portuguese nationality registration in the Portuguese Register of Births or residence in Portuguese territory with declaration 4 5 The government maintained the right to oppose this grant A foreign woman who married a Portuguese man would automatically acquire Portuguese nationality unless she declared otherwise and proved that her own country s legislation would not remove her citizenship 4 Discretionary naturalisation was largely the same as in the 1867 civil code as amended by a 1910 decree Residency and language requirements were absolutely waived for descendants of Portuguese citizens and the requirements could also be waived for foreign men who married Portuguese women or those who had performed notable service to Portugal Naturalisation could also be granted by the government to foreigners from communities with Portuguese ancestors 4 5 Loss could occur by voluntary acquisition of foreign citizenship if not voluntary loss could be pursued by the Portuguese government if it wished performing public office or military service in a foreign country of which that person was not also a citizen marriage by a Portuguese woman to a foreign man if she automatically obtained the husband s citizenship and did not declare her wish to the contrary or prevent acquisition and renunciation The Portuguese government cabinet also empowered the government to decree loss of citizenship for a person with dual citizenship who behaved only like a foreigner who was convicted of a crime against Portugal s external security or illicitly acted with a foreign country against Portugal s interests The law again offered a variety of means to reacquire citizenship after loss 4 5 Territorial changes edit Portugal enacted Decree Law 308 A 75 of 24 June 1974 to address the issue of losing or retaining Portuguese citizenship by those who had been born or were living in the Portuguese overseas territories which had gained independence It was assumed that these persons would acquire the citizenship of the new state The Decree Law thus merely stipulated that Portuguese citizenship would be retained by those persons who had not been born overseas but were living there In addition were those who despite having been born in the territory of the colonies had maintained a special connection with mainland Portugal by having been long term residents there All those not covered by one of the situations which enabled them to keep Portuguese citizenship would lose it ex lege Decree Law 308 75 of 24 June 1975 was a response to the loss of Portuguese citizenship by many people born in former territories of Portugal in Africa and elsewhere that had acquired independence It maintained Portuguese citizenship for persons who had not been born in those territories but were now living there and those who maintained a connection with Portugal itself by long term residence The legislation was the source of confusion and object of criticism for among other reasons its inherent removal of citizenship from some persons and its path to statelessness for others 4 6 Special rules exist concerning the acquisition of Portuguese citizenship through connections with Angola Brazil Cape Verde Goa Guinea Bissau Mozambique Macau and Sao Tome and Principe India edit Portuguese India was taken by force with two military offensives in 1954 and 1961 7 Although most residents of these territories were given a choice between acquiring Indian citizenship and retaining their previous nationalities those from Dadra and Nagar Haveli were not 8 In Goa Daman and Diu residents automatically became Indian citizens on 20 December 1961 unless they had made a written declaration before this date stating their intention to retain their existing nationality 9 Portugal did not recognise the annexation of its former Indian territories 10 persons born in applicable areas before 3 June 1975 were recognized as Portuguese citizens 11 East Timor edit East Timor was a territory of Portugal Portuguese Timor until its invasion by Indonesia in 1975 followed by annexation in 1976 Indonesian citizenship was conferred by Indonesia however while the Indonesian annexation was recognised by Australia and some other countries Portugal did not recognise Indonesian sovereignty over East Timor As a result Decree Law 308 A 75 of 24 June 1974 was not enforced to revoke the Timorese of their Portuguese nationality The question of whether East Timorese were entitled to Portuguese citizenship was raised on numerous occasions in the Australian courts in the context of applications for refugee status in Australia by East Timorese The Australian immigration authorities argued that if East Timorese were Portuguese citizens they should be expected to seek protection there and not in Australia 12 13 In 1999 East Timor no longer remained a territory under Portuguese administration which meant that children born in East Timor from then on were to be considered born abroad Under Law 37 81 the attribution of Portuguese citizenship by origin to persons born in East Timor to a Portuguese parent is now dependent upon registration at the Portuguese civil registry or alternatively upon declaration of the will to be Portuguese Owing to the lack of employment opportunities in their country and the becoming a member of Community of Portuguese Speaking Countries many East Timorese have taken advantage of Portuguese citizenship to live and work in Portugal and other EU countries 14 Macau edit The former Portuguese territory of Macau became a Special Administrative Region of the People s Republic of China on 20 December 1999 Portugal had extended its nationality laws to Macau with those born before 1981 acquiring nationality by jus soli and by jus sanguinis after 1981 Many residents of Macau either of Chinese amp Portuguese descent hold Portuguese citizenship on this basis It is no longer possible to acquire Portuguese citizenship by connection with Macau before 3 October 1981 and after 20 December 1999 transfer of sovereignty to China except by birth or association with the territory previous to that date 15 16 However those born after 20 December 1999 to Portuguese from Macau or Macanese that hold Portuguese citizenship and or to Chinese who hold Portuguese citizenship are eligible to the citizenship themselves due to the Portuguese heritage law 17 Jus Sanguinis except when born to Chinese and or Portuguese parents who possess Chinese citizenship after 20 December 1999 or when Chinese and or Portuguese couple with Portuguese citizenship renounced their nationality by naturalisation after 20 December 1999 Restrictions to birthright citizenship edit Versions of the still current Decree Law 37 81 of 3 October 1981 as amended at any date up to the present are available by entering the date in the official Portuguese legislation Web site 18 The Portuguese Constitution of 1976 introduced the principles of non discrimination on the basis of sex and marital status of parents at birth and a fundamental right to citizenship The political parties of Portugal agreed that new nationality legislation was required to achieve compatibility with the constitution and finally approved it in 1981 4 The 1981 law responded to the dramatic decrease in size of Portugal because of decolonisation and the resulting need to increase the number of Portuguese citizens although notably not attempting to include African and other non European origin Portuguese speakers of former Portuguese territories because of the flow of emigrants leaving Portugal in recent decades an emigrant population estimated at more than four million and the desire to retain ties with those emigrants children and grandchildren as a resource to the Portuguese state The center right governing coalition viewed it as very important to create changes that would facilitate Portuguese citizenship for emigrants and their descendants because Portugal had become a small country with widespread emigration and needed to make the best of the situation 4 Jus sanguinis was still by either expression of intent or registration of birth in the Portuguese civil register but was modernised to allow it to flow through either a Portuguese mother or father To help prevent further reduction in Portuguese citizen numbers and to recognise the fundamental citizenship right citizenship loss could only be accomplished voluntarily and multiple citizenship was fully tolerated and renunciation of other citizenships was not required to acquire Portuguese citizenship 4 Jus soli citizenship in contrast was restricted to require expression of intent and either of the parents having lived in Portugal for at least six years beforehand 4 As part of the modernization automatic acquisition of Portuguese citizenship by a woman marrying a Portuguese man was ended and became simply one of the grounds on which naturalisation could be requested The ability for persons who had previously lost citizenship due to marriage or voluntary acquisition of foreign citizenship to reacquire Portuguese citizenship was introduced 4 European integration edit See also European Union citizenship In 1986 Portugal joined the European Communities EC a set of organisations that later developed into the European Union EU 19 Irish citizens have since been able to work in other EC EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome 20 and participated in their first European Parliament elections in 1987 21 With the creation of European Union citizenship by the 1992 Maastricht Treaty free movement rights were extended to all nationals of EU member states regardless of their employment status 22 The scope of these rights was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland 23 which concluded a separate free movement agreement with the EU that came into force in 2002 24 Law 25 94 of 1994 edit In response to an increase in the 1990s of unlawful immigration into Portugal the governing coalition amended the 1981 act by limiting jus soli and naturalisation For jus soli the parents were now required not only to reside in Portugal but to hold a residence permit and the work permit or permit of stay possessed by a large percentage of foreigners living in Portugal would not be sufficient If the parents were not from a Lusophone country the minimum period of residence was increased from six year to 10 years 4 A person married to a Portuguese citizen was now required to be married for at least three years before acquiring citizenship and was required to carry the burden of proof of showing an effective link to the Portuguese community 4 Organic Law 1 2004 edit To reduce the effects of some earlier legislation on Portuguese emigrant communities the law removed the power of the government to oppose reacquisition of nationality made acquisition of Portuguese citizenship automatic if the loss of nationality had not been registered and made reacquisition retroactive to the date of loss That opened the doors for children born abroad of Portuguese emigrants to more easily acquire citizenship by descent 4 Organic Law 2 2006 edit The election of a Socialist Party led government in 2005 led gave rise to the passage of a bill to modernize Portuguese nationality law in recognition of the impact of years of immigration into the country 4 The objectives were to integrate second and third generation immigrants who did not have citizenship to comply with judicial and legal demands that the nationality law be consistent with the European Convention of Nationality and its non discrimination clauses and to lessen confusion of outdated wording and definitions that relied on simple regulation instead of law 4 To do so the law eliminated some requirements for naturalisation such as proving a link to the Portuguese community and minimum subsistence requirements clarified others changing ambiguous requirements of moral and social behavior to a requirement of no conviction for a crime carrying a prison sentence of at least three years in Portugal and reduced some minimum residency was uniformly lessened to six years 4 Double jus soli was introduced with citizenship automatically extended to individuals with a parent also born in Portuguese territory who resided there at the time of the child s birth The effect is retroactive 4 Citizenship was also made available by declaration to individuals born in Portuguese territory to foreign parents if at least one parent had legally resided in Portugal for at least five years 4 25 Naturalisation for children was made available to those who had a parent who resided legally in Portugal for at least five years or who completed the first cycle of basic education 4 25 Organic Law 9 2015 edit This law enabled grandchildren of Portuguese citizens include those born abroad prior to entry into force to acquire Portuguese citizenship if they have verified ties to the Portuguese community the birth is registered in the Portuguese civil registry and the grandchild declares the preference for Portuguese nationality 4 Organic Law 2 2018 edit The 2018 law further expanded a number of the allowances created in the 2006 law 4 It reduced the minimum time of a parent s residence in Portugal while not in foreign government service from five years to two years for the child born in Portugal to automatically receive citizenship at birth It did the same for a child seeking naturalisation while also allowing a child s naturalisation if the parent was resident unlawfully 4 26 Recent changes edit As of May 2015 under the newly approved Portuguese Nationality Act Article 1 n 1 paragraph d persons born abroad with at least one Portuguese ascendant in the second degree of the direct line who has not lost this citizenship are Portuguese by origin provided that they declare that they want to be Portuguese that they have effective ties with the national community and once these requirements are met that are only required to register their birth in any Portuguese civil registry 27 Portuguese nationality law was amended in 2006 28 based on the proposals of deputy Neves Moreira member of the Democratic Social Party PSD a foreign born person whose grandparent never lost Portuguese citizenship became able to request naturalisation without the need to document 6 years residence in Portugal 29 Because nationality acquired through naturalisation is not the same as nationality acquired through descent members of the PSD proposed in 2009 another change in the law This proposal would have given nationality by origin descent rather than by naturalisation to the grandchildren of Portuguese citizens but it was rejected 30 In 2013 members of the PSD tried to pass a similar measure again 31 but due to the political and economic crisis that engulfed the country no vote was ever taken on the measure 32 Acquisition and loss of citizenship editEntitlement by birth descent or adoption edit All persons born in Portuguese territory before 3 October 1981 automatically received citizenship at birth regardless of the nationalities of their parents 33 Individuals born domestically since that date receive Portuguese citizenship at birth if at least one parent is a Portuguese citizen 34 Stateless children born in the country automatically become citizens with no further requirements 34 Adopted children of Portuguese citizens automatically acquire citizenship on completion of the adoption process 35 One Year Residency Requirement of Parents edit Children born in the country to noncitizens are eligible to make a voluntary declaration of intent to acquire Portuguese citizenship if at least one parent has been resident in Portuguese territory for a minimum requisite period 36 Currently as of 2024 a child born in Portugal can receive Portuguese citizenship if either parent is a resident of Portugal legal or otherwise for a minimum of 1 year 37 Between 1981 and 1994 a parent was required to have resided in Portuguese territory for at least six years before their child s birth This was increased to 10 years for foreign parents from non Lusophone countries between 1994 and 2006 Since 2006 this residence requirement has been lowered to five years for parents from any foreign country 38 Individuals born overseas to a Portuguese parent are eligible to acquire citizenship by descent if their births are registered at a Portuguese diplomatic mission or if they register as citizens at any later point Grandchildren of Portuguese citizens may also acquire citizenship by descent with additional requirements they are required to formally declare their intention of becoming Portuguese prove substantial ties with the nation and register their births in the national registry 39 Voluntary acquisition edit Foreigners over the age of 18 may become Portuguese citizens by naturalisation after residing in the country for more than five years and demonstrating proficiency in the Portuguese language Citizenship applicants who were granted a Golden Visa can calculate their time of residency based on the date they applied for the residence permit instead of the date they physically moved to the country 40 Any person convicted of a crime resulting in imprisonment for more than three years or who otherwise presents a threat to national defence is barred from naturalising Noncitizen minors born in Portugal who meet the language and behaviour requirements are eligible for naturalisation provided that they have also completed at least one cycle of domestic primary or secondary education and have at least one parent who has resided in the country for the previous five years regardless of their legal residence status All other noncitizens born in Portugal to a parent who was residing in the country at the time of their births and who have themselves resided in Portugal for at least five years prior to application are eligible for naturalisation Individuals who are married to Portuguese citizens may acquire citizenship by declaration after three years of residence 41 Loss and resumption edit Portuguese citizenship can be relinquished by making a declaration of renunciation provided that the declarant already possesses another nationality It cannot be involuntarily stripped by the government in any situation and may not be renounced if loss of citizenship would make a person stateless Under circumstances where birth records were forged to acquire Portuguese citizenship the nullification of an affected individual s citizenship would not be treated as loss of that status but that the individual had never acquired it from birth 42 Former citizens who lost citizenship while they were children may apply to reacquire citizenship Reacquisition can be formally opposed by the Public Prosecution Service within one year of an application but is otherwise granted after expiration of that period Women who lost Portuguese citizenship by marriage to foreign men are able to able to apply for reacquisition without being subject to the non opposition requirement Any person who previously lost citizenship on their acquisition of another nationality automatically had their Portuguese citizenship restored in 1981 unless that loss had been registered with the Portuguese government If their loss was recorded that affected individual is eligible to apply for reacquisition without opposition from authorities 43 Jewish Law of Return edit Further information Sephardic Bnei Anusim Iberia An amendment to Portugal s Law on Nationality allows descendants of Portuguese Jews who were expelled in the Portuguese Inquisition to become citizens if they belong to a Sephardic community of Portuguese origin with ties to Portugal 44 In 2020 there were reports that changes to the Law of Return were proposed which would restrict eligibility for citizenship to people who had lived in Portugal for two years The restrictions were rejected by the ruling Socialist party and did not become law at the time citation needed The Portuguese parliament passed legislation facilitating the naturalisation of descendants of 16th century Jews who fled because of religious persecution On that day Portugal became the only country besides Israel enforcing a Jewish Law of Return Two years later Spain adopted a similar measure The motion which was submitted by the Socialist and Center Right parties was read on Thursday 11 April 2013 in parliament and approved unanimously on Friday 12 April 2013 as an amendment to Portugal s Law on Nationality Decree Law n º 43 2013 Portuguese nationality law was further amended to this effect by Decree Law n º 30 A 2015 which came into effect on 1 March 2015 45 The amended law allows descendants of Jews who were expelled in the 16th century to become citizens if they belong to a Sephardic community of Portuguese origin with ties to Portugal according to Jose Oulman Carp president of Lisbon s Jewish community The website of the World Jewish Congress says that the Jewish Community of Lisbon is the organization that unites local communal groups of Lisbon and its environs while the Jewish Community of Oporto is the organization that unites local communal groups of Oporto Applicants must be able to prove a Sephardic line in their family tree Another factor is the language spoken at home a reference which also applies to Ladino Judeo Portuguese and or Judeo Spanish Furthermore applicants must be able to prove an emotional and traditional connection with the former Portuguese Sephardic Community commonly established through a letter from an Orthodox rabbi confirming Jewish heritage 46 The amendment also says applicants need not reside in Portugal an exception to the requirement of six years of consecutive residency in Portugal for any applicant for citizenship From 2015 several hundred Turkish Jews who were able to prove Sephardi ancestry have immigrated to Portugal and acquired citizenship 47 48 49 Nearly 1 800 descendants of Sephardic Jews acquired Portuguese nationality in 2017 50 By February 2018 12 000 applications were in process and 1 800 applicants had been granted Portuguese citizenship in 2017 51 By July 2019 there had been about 33 000 applications of which about a third had already been granted after a long process of verification 52 By November 2020 Portugal had granted citizenship to about 23 000 people about 30 of the roughly 76 000 applications submitted since 2015 53 the number was stated as 56 685 granted with 80 102 pending at the end of January 2022 54 As of January 2023 the number of pending cases was reported to be over 300 000 55 After some notorious cases where it was reported that people without a valid claim had been granted citizenship with falsification of documents and other misdeeds the Portuguese government on 9 March 2022 implemented a decree law to increase scrutiny of candidates who will have to prove an effective connection with Portugal 56 Among cases being investigated was that of Russian billionaire Roman Abramovich although it was not expected that changes would be retroactive for people already granted citizenship 57 See also editVisa policy of the Schengen Area Visa requirements for Portuguese citizensReferences editCitations edit Nationality Act Kondo 2001 pp 2 3 Gil amp Picarra 2012 pp 1 2 a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab Gil amp Picarra 2012 a b c d Presidencia da Republica 29 July 1959 Lei n º 2098 Diario do Governo Retrieved 19 April 2021 Decreto Lei n º 308 A 75 Diario do Governo 24 June 1975 Retrieved 20 April 2021 Goncalves 2003 p 56 Ashesh amp Thiruvengadam 2017 p 15 Ferrao 2010 pp 250 251 Ferrao 2010 p 249 Ferrao 2010 p 251 Lay Kon Tji v Minister for Immigration amp Ethnic Affairs 1998 FCA 1380 Federal Court of Australia 30 October 1998 Retrieved 22 September 2020 Jong Kim Koe v Minister for Immigration amp Multicultural Affairs 1997 FCA 306 Federal Court of Australia 2 May 1997 Retrieved 22 September 2020 Talks follow migrant worker clash BBC News 9 December 2005 retrieved 31 August 2008 Chio In Fong Issue of Nationality of Macao Born Portuguese Archived from the original on 4 February 2006 Retrieved 4 February 2006 O DIREITO ONLINE ReflexĂľes sobre a nacionalidade portuguesa em Macau Odireito com mo Archived from the original on 1 November 2013 Retrieved 7 March 2014 Cidadania Portuguesa Portuguese citizenship in Portuguese Tirarpassaporte com Archived from the original on 28 February 2015 a href Template Cite web html title Template Cite web cite web a CS1 maint unfit URL link Lei da Nacionalidade Consolidado Law of Nationality consolidated in Portuguese Diario da Republica Web page displays current version or version at any earlier specified date Nugent 2017 p 55 Siskind 1992 pp 899 906 Delaney Paul 19 May 1987 Change in the Air Portugal Prepares for Key Vote The New York Times Wiener 1997 pp 529 544 Tobler 2020 pp 482 483 Vahl amp Grolimund 2006 p 12 a b Lei Organica n º 2 2006 Diario do Governo 17 April 2006 Retrieved 19 April 2021 Lei Organica n º 2 2018 Diario do Governo 5 July 2018 Retrieved 19 April 2021 Community Citizenship granted to grandchildren of Portuguese expats Portugal Portuguese American Journal 29 July 2015 Archived from the original on 20 October 2017 DECRETO N º 42 X QUARTA ALTERACAO A LEI N º 37 81 DE 3 DE OUTUBRO LEI DA NACIONALIDADE PDF Retrieved 1 May 2015 LEI ORGANICA N º 2 2006 QUARTA ALTERACAO A LEI N º 37 81 DE 3 DE OUTUBRO LEI DA NACIONALIDADE Organic Law No 2 2006 fourth alteration of Law No 37 81 of 3 October Law of Nationality PDF in Portuguese 30 March 2006 Article 6 4 Projeto de Lei 30 XI Archived from the original on 5 January 2015 Retrieved 1 May 2015 Projeto de Lei 382 XII Archived from the original on 19 April 2015 Retrieved 1 May 2015 How Portugal s politics are spoiling Europe s austerity recipe 16 July 2013 Retrieved 1 May 2015 Gil amp Picarra 2012 pp 5 9 a b Gil amp Picarra 2012 p 15 Gil amp Picarra 2012 p 17 Gil amp Picarra 2012 p 9 BRIDGE ATLANTIC 18 April 2024 Portuguese Citizenship for Children Born in Portugal How to apply Retrieved 18 April 2024 Gil amp Picarra 2012 pp 9 10 14 Gil amp Picarra 2012 p 16 Shorter Path to Portuguese Citizenship Arton Capital 9 January 2024 Retrieved 5 February 2024 Gil amp Picarra 2012 pp 20 22 Gil amp Picarra 2012 p 23 Gil amp Picarra 2012 p 24 16th century Jewish refugees can claim Portuguese citizenship Haaretz 13 April 2013 archived from the original on 24 October 2013 Text of Decree Law n º 30 A 2015 of Portugal 27 February 2015 PDF cilisboa org Archived from the original PDF on 9 November 2017 Retrieved 25 April 2018 Portuguese Nationality for Sephardic Descendants PDF Comunidade Israelita do Porto Retrieved 26 October 2018 Devos Olivier 16 September 2016 Amid rising European anti Semitism Portugal sees Jewish renaissance The Times of Israel Archived from the original on 4 August 2017 Retrieved 3 August 2017 Liphshiz Cnaan 12 February 2016 New citizenship law has Jews flocking to tiny Portugal city The Times of Israel Archived from the original on 15 July 2017 Retrieved 3 August 2017 Portugal open to citizenship applications by descendants of Sephardic Jews Jewish Telegraphic Agency 3 March 2015 Archived from the original on 3 August 2017 Retrieved 3 August 2017 Liphshiz Cnaan 24 February 2018 A soaring number of Jews acquired Portuguese citizenship in 2017 The Times of Israel Archived from the original on 11 March 2018 Retrieved 22 September 2020 1 800 Sephardic Jews get Portuguese citizenship European Jewish Congress 26 February 2018 Liphshiz Cnaan 17 July 2019 Portugal grants citizenship to 10 000 descendants of Sephardi Jews The Times of Israel JTA 9 November 2020 Portugal Naturalizes 23 000 Applicants Under Jewish Law of Return Jewish Exponent Jewish Exponent Portugal has granted Portuguese citizenship to 56 685 descendants of Sephardic Jews Jewish News Syndicate 8 February 2022 Renascenca 20 January 2023 Registos sem capacidade para dar resposta a mais de 300 mil pedidos de nacionalidade portuguesa Renascenca Radio Renascenca in European Portuguese Retrieved 24 February 2023 Donn Natasha 16 March 2022 Changes announced to Sephardic Jew nationality law Portugal Resident Roman Abramovich Rabbi investigated over Portuguese citizenship BBC News 12 March 2022 Sources edit Ashesh Ashna Thiruvengadam Arun July 2017 Report on Citizenship Law India Report European University Institute hdl 1814 47124 Ferrao Ranjana 2010 Retaining Portuguese Nationality in Goa ISIL Year Book of International Humanitarian and Refugee Law 244 Indian Society of International Law 244 272 Archived from the original on 23 October 2021 Retrieved 22 October 2021 via HeinOnline Gil Ana Rita Picarra Nuno November 2012 Report on Citizenship Law Portugal Report European University Institute hdl 1814 19632 Goncalves Arnaldo 2003 Macao Timor and Portuguese India in the context of Portugal s recent decolonization In Lloyd Jones Stewart Pinto Antonio Costa eds The Last Empire Thirty Years of Portuguese Decolonization Intellect Books pp 53 66 ISBN 1 84150 897 7 Archived from the original on 23 October 2021 Retrieved 22 October 2021 Kondo Atsushi ed 2001 Citizenship in a Global World Palgrave Macmillan doi 10 1057 9780333993880 ISBN 978 0 333 80266 3 Lei da Nacionalidade Nationality Act PDF 37 81 in Portuguese Assembly of the Republic 3 October 1981 Retrieved 8 July 2022 Nugent Neill 2017 The Government and Politics of the European Union 8th ed Macmillan Publishers ISBN 978 1 137 45409 6 Siskind Gregory 1992 Freedom of Movement for Lawyers in the New Europe The International Lawyer 26 4 American Bar Association 899 931 JSTOR 40707010 Tobler Christa 2020 Free Movement of Persons in the EU v in the EEA of Effect Related Homogeneity and a Reversed Polydor Principle In Cambien Nathan Kochenov Dimitry Muir Elise eds European Citizenship under Stress Social Justice Brexit and Other Challenges Brill pp 482 507 ISBN 978 90 04 42245 2 JSTOR 10 1163 j ctv2gjwnvm 25 Vahl Marius Grolimund Nina 2006 Integration Without Membership Switzerland s Bilateral Agreements with the European Union PDF Centre for European Policy Studies ISBN 92 9079 616 2 Archived PDF from the original on 18 May 2022 Retrieved 25 February 2023 Wiener Antje August 1997 Making Sense of the New Geography of Citizenship Fragmented Citizenship in the European Union Theory and Society 26 4 Springer 529 560 doi 10 1023 A 1006809913519 JSTOR 657860 S2CID 189868416 External links editAgency for Integration Migration and Asylum Portals nbsp Portugal nbsp European Union Retrieved from https en wikipedia org w index php title Portuguese nationality law amp oldid 1219805933, wikipedia, wiki, book, books, library,

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