Portuguese nationality law
Encyclopedia
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
that regulate access to Portuguese citizenship, which is acquired mainly through descent from a Portuguese parent
Portuguese people
The Portuguese are a nation and ethnic group native to the country of Portugal, in the west of the Iberian peninsula of south-west Europe. Their language is Portuguese, and Roman Catholicism is the predominant religion....
, naturalisation in Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
or marriage to a Portuguese citizen.
In some cases, children born in Portugal to non-citizens may be eligible for Portuguese citizenship. However this does not apply to children born to tourists or short-term visitors. Portuguese citizenship law is complicated by the existence of numerous former colonies
Portuguese Empire
The Portuguese Empire , also known as the Portuguese Overseas Empire or the Portuguese Colonial Empire , was the first global empire in history...
and in some cases it is possible to claim Portuguese citizenship by connection with one of these jurisdictions. The most notable of these are Goa
Goa
Goa , a former Portuguese colony, is India's smallest state by area and the fourth smallest by population. Located in South West India in the region known as the Konkan, it is bounded by the state of Maharashtra to the north, and by Karnataka to the east and south, while the Arabian Sea forms its...
(annexed by India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
in 1961), East Timor
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
.
Overall the present Portuguese nationality law, dated from 1981, privileges Jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, while the precedent law, of 1959, was based on the principle of Jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
. This shift occurred in 1975 and 1981, thus basically making it difficult to access naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
not only to first generation migrants, but also to their children and grandchildren. Only very recently, in 2006, was this situation slightly changed, but still stressing Jus sanguinis.
Birth in Portugal
In general a child born in Portugal to foreign parents is not entitled to Portuguese citizenship unless the parents have lived in Portugal for 10 years with valid residence permits. The 10 year requirement is reduced to 6 years if the parents are citizens of a country with PortuguesePortuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
as an official language.
Descent from a Portuguese parent
A child born to a Portuguese parent is automatically a Portuguese citizen provided the parent was born in Portugal or is employed by the Portuguese state. Or, the child may be registered as a Portuguese citizen. For example, a child born in IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
to a Portuguese-born parent can be registered as a Portuguese citizen at the country's embassy in Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
. Under Israeli nationality law
Israeli nationality law
Israel's nationality law defines the terms through which one can be granted citizenship of the state of Israel. It also includes the Right of return for Jewish diaspora...
, the child automatically acquires Israeli citizenship if the other parent is Israeli-born.
Prior to 30 October 1981, there were restrictions on claiming Portuguese citizenship based on a Portuguese mother.
Naturalisation as a Portuguese citizen
A person aged 18 or over may be naturalised as a Portuguese citizen after 6 years residence. There is a requirement to have sufficient knowledge of the Portuguese language and effective links to the national community. Children aged under 18 may acquire Portuguese citizenship by declaration when a parent is naturalised.Portuguese citizenship by adoption
A child adopted by a Portuguese citizen acquires Portuguese citizenship.Child should be under 18.
Portuguese citizenship by marriage
A person married to a Portuguese citizen for at least three years may be able to acquire Portuguese citizenship by declaration. No formal residence period in Portugal is laid down; however, in practice, knowledge of the Portuguese language and integration into Portuguese society may be required.Dual citizenship
Portugal allows dual citizenship. Hence, Portuguese citizens holding or acquiring a foreign citizenship do not lose Portuguese citizenship. Similarly, those becoming Portuguese citizens do not have to renounce their foreign citizenship.Although Portugal allows dual citizenship, some countries, such as Japan and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
, do not. Thus, dual Portuguese–Japanese citizens, under Japanese nationality law
Japanese nationality law
Japanese nationality is a legal designation and set of rights granted to those people who have met the federal criteria for citizenship by parentage or by naturalization...
, must declare to the Government of Japan
Government of Japan
The government of Japan is a constitutional monarchy where the power of the Emperor is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan and other elected...
whether they are going to keep their Japanese or Portuguese citizenship. A similar procedure is required for dual Portuguese–South Korean citizens, under South Korean nationality law
South Korean nationality law
South Korean nationality law defines who is a South Korean citizen, as well as the procedures by which one may be naturalized into South Korean citizenship or renounce it.-Basic definition:South Korean nationality can be acquired in a number of ways:...
.
Former territories of Portugal
Special rules exist concerning the acquisition of Portuguese citizenship through connections with:- GoaGoaGoa , a former Portuguese colony, is India's smallest state by area and the fourth smallest by population. Located in South West India in the region known as the Konkan, it is bounded by the state of Maharashtra to the north, and by Karnataka to the east and south, while the Arabian Sea forms its...
- Daman and Diu
- East TimorEast TimorThe Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
- MacauMacauMacau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
In the cases of Portugal's other former colonies, a time limit was set for people to retain Portuguese citizenship or become citizens of the new country.
Goa
Formerly known as the Estado da ÍndiaPortuguese India
The Portuguese Viceroyalty of India , later the Portuguese State of India , was the aggregate of Portugal's colonial holdings in India.The government started in 1505, six years after the discovery of a sea route to India by Vasco da Gama, with the nomination of the first Viceroy Francisco de...
this territory was an integral part of Portugal (as distinct from a colony) under Portugal's Constitution
Constitution of Portugal
The first Portuguese Constitution was drafted in 1822. Several revolutions led to the constitutions of 1826 , 1838 , 1911 , 1933 , and 1976 ....
of 1910.
On 19 December 1961 India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
invaded and annexed the territory
Invasion of Goa
The 1961 Indian annexation of Goa , was an action by India's armed forces that ended Portuguese rule in its Indian enclaves in 1961...
. The annexation was not recognised by Portugal (or the United Nations) until 1975, at which time Portugal re-established diplomatic relations with India. The recognition of Indian sovereignty over Goa was backdated to 19 December 1961.
Portuguese nationality law allows those who were Portuguese citizens connected with Goa before 1961 to retain Portuguese nationality. Acquisition of Indian citizenship was determined to be non-voluntary at the time.
One practical obstacle is that the civil records of Goa were abandoned by Portugal during the invasion and hence it can be difficult for descendants of pre-1961 Portuguese citizens from Goa to prove their status.
East Timor
East Timor was a territory of Portugal until its invasion by IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
in 1975, followed by annexation in 1976. Indonesian citizenship was conferred by Indonesia; however, Portugal (and the United Nations) did not recognise Indonesian sovereignty over East Timor. However the Indonesian annexation was recognised by Australia and some other countries.
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.
East Timor became an independent nation on 20 May 2002. However, 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, such as the UK.
Macao
The former Portuguese territory of Macao became a Special Administrative Region of the People's Republic of China on 20 December 1999.Portugal had extended its nationality laws to Macao and many inhabitants of Macao hold Portuguese citizenship on this basis. It is no longer possible to acquire Portuguese citizenship by connection with Macao after the December 20, 1999 transfer of sovereignty to China.
Rights and obligations of Portuguese citizens
All Portuguese citizens are:- able to vote in political elections upon reaching the age of 18.
- able to run for political office.
- able to vote in referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s. - able to obtain a Portuguese passportPortuguese passportPortuguese passports are issued to citizens of Portugal for the purpose of international travel. However the bilhete de identidade can serve as a travel document within the countries of the European Union, Iceland, Liechtenstein, Norway, Croatia, Macedonia and Switzerland.-Electronic passport:As...
. - prevented from getting deported from Portugal.
As Portuguese citizens are also European citizens, their rights include:
- the right to live, work and retire in any member state of the European Union, for unlimited period.
- the right to vote in local and European elections in other members states.
- the right to stand in local and European elections in other members states.
- the right to protection by the diplomatic or consular authorities of other member states when in a non-member state, if there are no diplomatic or consular authorities from the citizen's own state.
More information: Citizenship of the European Union
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
Recent changes
The recent changes at the Portuguese nationality law, occurred in 2006, were based on the proposals of deputy Neves Moreira, member of the Democratic Social Party (PSD). Due to these changes, grandchildren of Portuguese citizens born in another country are now able to obtain naturalisation by a simpler process.Even so, members of the PSD have proposed another change at the Portuguese nationality law, in 2009. This proposal, which would give Portuguese nationaIity by birth rather than by naturalization to grandchildren of Portuguese citizens born in another country, was rejected.