PORTUGUESE CITIZENSHIP
Portuguese
nationality law is the legal set of rules that
regulate access to Portuguese citizenship, which is acquired mainly through descent from a Portuguese
parent ( mother, father,
grandfather ), naturalisation
in Portugal or marriage to
a Portuguese citizen.
Overall the present
Portuguese nationality law, dated from 1981, privileges Jus sanguinis, while the
precedent law, of 1959, was based on the principle of Jus soli. This shift occurred
in 1975 and 1981, thus basically making it difficult to access naturalization 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 5 years with valid residence permits, or if the
minor has concluded the first cycle of compulsory education in Portugal.
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 Mozambique to a
Portuguese-born parent can be registered as a Portuguese citizen at the
country's embassy in Maputo. Under Mozambican law,
the child automatically acquires Portuguese citizenship if the other parent is Portuguese-born.
Portuguese Nationality
Act Law 37/81, of 3 October Consolidated version, as amended by Organic
Law 2/2006, of 17 April.
Article 6 -
NATURALIZATION AS A PORTUGUESE CITIZEN
1 –The Government grants Portuguese
nationality, by naturalization, to foreigners who satisfy each of the following
requirements:
a) A person aged 18 or emancipated under
Portuguese Law;
b) Have resided lawfully in Portuguese
territory for a minimum of six years;
c) Have sufficient knowledge of the Portuguese language;
d) Have not been convicted of a crime
punishable under Portuguese Law with imprisonment up to a maximum equal to
three years or more.
2 –The Government grants nationality, by
naturalization, to minors, born in Portuguese territory, to foreign parents,
provided that they fulfill the requirements set in sub- paragraphs c) and d) of
paragraph 1 and that, at the time of the application, one of the following
conditions is satisfied:
a) One of the parents has resided lawfully
in Portugal for a minimum of five years;
b) The minor has concluded the first cycle
of compulsory education in Portugal.
3 –The Government grants naturalization,
with exemption of the requirements set in sub-paragraphs b) and c) of paragraph
1, to persons who had Portuguese nationality and who, having lost it, never
acquired another nationality.
4 –The Government grants naturalization,
with exemption of the requirement set in sub-paragraph b) of paragraph 1, to
persons born abroad with, at least, one Portuguese ancestor in the second
degree of the direct line, if he or she has not lost his or her Portuguese
nationality.
PORTUGUESE CITIZENSHIP BY ADOPTION
Portuguese Nationality Act Law 37/81, of 3 October, state that the child adopted by a Portuguese citizen acquires Portuguese
citizenship. Child should be under 18.
PORTUGUESE CITIZENSHIP
BY MARRIAGE
Article 3 Acquisition in case of marriage or
de facto union
1 –A foreigner married to a Portuguese
national for more than three years may acquire Portuguese nationality by means
of a declaration made during the duration of the marriage.
2 –A declaration invalidating or annulling
the marriage does not impair the nationality acquired by the spouse who married
in good faith.
3 –A foreigner who, at the time of the
declaration, lives in a de facto union with a Portuguese national for more than
three years may acquire Portuguese nationality, after judicial recognition of
the status by a civil court.
Note: 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, do not. Thus,
dual Portuguese–Japanese citizens, under Japanese
nationality law, must declare to the Government of Japan
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.
OPPOSITION TO ACQUISITION OF NATIONALITY BY ACT OF WILL OR ADOPTION
Article 9 Grounds
Grounds for opposing the acquisition of Portuguese
nationality are:
a) The lack of effective ties with the national community;
b)
The conviction of a crime punishable under Portuguese Law with
imprisonment up to a maximum equal to three years or
more;
c) The exercise of public functions without a predominantly technical
nature or
the rendering of non compulsory military service in a
foreign State.
Article 10 PROCEDURE
1 –The opposition is submitted by the Public
Prosecutor within one year after the fact upon which the acquisition of
nationality depends in a procedure to be initiated under article 26. 2 –It is
compulsory for all authorities to report the facts referred to in the preceding
article to the Public Prosecutor.
CITIZENSHIP OF THE EUROPEAN UNION
Portuguese citizens are also citizens of the
European Union and thus enjoy rights of free
movement and have the right
to vote in elections for the European Parliament.
the balance between the past and the future ..
a country where the journey never ends
Portugal a country that never ends..
all is infinite.....
posted by :Yasmini Daudo
email: ydm@advogada
For further information
posted by :Yasmini Daudo
email: ydm@advogada
For further information
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