Portuguese Nationality: Legal Framework and Methods of Acquisition

Portuguese nationality is governed by Law No. 37/81 of October 3 (Nationality Law), and its respective Regulations, approved by Decree-Law No. 237-A/2006 of December 14, with subsequent legislative amendments, notably those introduced by Decree-Law No. 26/2022. This regulatory framework establishes the criteria for the attribution (original nationality) and acquisition (derived nationality) of Portuguese citizenship.

Forms of Acquisition and Attribution of Nationality

The legal regime of nationality provides for several modalities for obtaining Portuguese citizenship, the most common being the following:

Attribution (Original) - Filiation

• Essential requirements: Children of a Portuguese mother or father, born in Portugal or abroad, by declaration.

Acquisition (Derived)

Marriage or Common-Law Union

• Essential requirements: Marriage or stable union for at least three years with a Portuguese national, by declaration during the relationship.

Naturalization by Residence

• Essential requirements: Legal residence in Portuguese territory for at least five years, majority or emancipation, sufficient knowledge of the Portuguese language, and absence of conviction for a crime punishable by imprisonment for 3 years or more.

Naturalization of Grandchildren

• Essential requirements: Grandchildren of a Portuguese citizen by origin, provided they demonstrate effective ties with the national community and have not been convicted of a crime punishable by imprisonment for 3 years or more.

It is fundamental to emphasize that the expression "request nationality" is, in strict legal terms, replaced by "attribution" (for original nationality, effective from birth) or "acquisition" (for derived nationality, effective from the date of registration).

Benefits of Portuguese Citizenship

Obtaining Portuguese nationality confers the status of a citizen of the European Union, which implies a set of significant rights and duties, namely:

• Free Movement and Residence: Right to reside, work and move freely in Portugal and in all Member States of the European Union, in accordance with the Treaty on the Functioning of the European Union (TFEU).

• Political Rights: Full access to civil and political rights, including the right to vote and to stand for election, under the terms of the Constitution of the Portuguese Republic.

• International Mobility: Ease of global mobility, given that the Portuguese passport is recognized as one of the most valued worldwide.

• Transmission of Nationality: Possibility of transmitting nationality to descendants, ensuring the continuity of the citizenship bond, under the terms of the Law.

• Equality of Status: Equality of rights and duties in relation to Portuguese citizens by origin, guaranteeing full integration into the Portuguese legal and social system.

Portuguese citizenship therefore represents increased legal security and a substantial expansion of opportunities in personal, professional and family life.

References

[1] Decree-Law No. 26/2022 - Amends the Regulations on Portuguese Nationality.

[2] Article 1 of Law No. 37/81, of October 3 (Nationality Law).

[3] Article 3 of Law No. 37/81, of October 3 (Nationality Law).

[4] Article 6 of Law No. 37/81, of October 3 (Nationality Law).

[5] Article 6, § 4 of Law No. 37/81, of October 3 (Nationality Law).

[6] Decree-Law No. 30-A/2015, of February 27, amended by Organic Law No. 2/2018.