Portuguese nationality law
From Wikipedia, the free encyclopedia
Portuguese citizenship is acquired mainly through descent from a Portuguese parent, naturalisation in Portugal 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 and territories 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 (annexed by India in 1961), East Timor and Macao.
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[edit] 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 Portuguese as an official language.
[edit] 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.
Otherwise the child may be registered as a Portuguese citizen.
Prior to 30 October 1981, there were restrictions on claiming Portuguese citizenship based on a Portuguese mother.
[edit] Naturalisation as a Portuguese citizen
A person aged 18 or over may be naturalised as a Portuguese citizen after 10 years residence (6 years if a citizen of a country with Portuguese as an official language). 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.
[edit] Portuguese citizenship by adoption
A child adopted by a Portuguese citizen acquires Portuguese citizenship.
[edit] 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.
[edit] 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.
[edit] Former territories of Portugal
Special rules exist concerning the acquisition of Portuguese citizenship through connections with:
- Goa
- East Timor
- Macao
In the cases of Portugal's other former colonies, a time limit was set for people to elect to retain Portuguese citizenship or become citizens of the new country.
[edit] Goa
Formerly known as the Antigo Estado da India this territory was an integral part of Portugal (as distinct from a colony) under Portugal's Constitution of 1910.
On 19 December 1961 India invaded and annexed the territory. 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.
[edit] East Timor
East Timor was a territory of Portugal until its invasion by Indonesia 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. 1, 2
East Timor became an independent nation on 20 May 2002.
[edit] Macao
The former Portuguese territory of Macao became a Special Administrative Region of the Peoples 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. Effectively immediately upon the transfer of sovereignty to China, it is no longer possible to acquire Portuguese citizenship by connection with Macao. Details
