Official Amendments to the Portuguese Nationality Law

The new Portuguese nationality law was published on the 10th November 2020. We point out the main amendments here:

• Portuguese nationality by origin for children of foreigners, born in Portugal:

The parents’ residence time was reduced from two years to one year and nationality was allowed to be granted, both to the children of foreigners, whose parents had legally resided in Portugal for at least one year, and to the children of foreigners, whose parents residing in Portuguese territory, regardless of the permit, for at least one year.

• Nationality for grandchildren of Portuguese citizens:

In relation to Portuguese nationality for grandchildren of Portuguese citizens, these are the relevant considerations:

1. The request for Portuguese nationality by attribution to grandchildren can only be made when at least one ascendant in the 2nd degree in the straight line has Portuguese origin and has not lost that nationality;
2. The effective connection is assumed when there is sufficient knowledge of the Portuguese language by the applicant.

• Portuguese nationality by marriage or de facto union (stable union):

Foreign citizens who have been married or in a de facto union for more than three years with a Portuguese citizen can acquire Portuguese nationality, provided they prove that they have ties to the Portuguese community. Note that the said effective connection will be assumed when the applicant has been married or living in a de facto union with a Portuguese citizen for at least six years.

• Portuguese nationality for children of foreigners (derived nationality):

The minor, the child of foreigners, who was born in Portugal, can apply for Portuguese nationality by acquisition when:

1. a) One of the parents is resident here, regardless of the permit, for at least the five years immediately preceding the request;
2. b) One of the parents has legal residence in the national territory;
3. c) The minor has attended at least one year of pre-school education or basic, secondary or professional education.

Note: if the minor is 16 years of age or older, it must also be proven that it was not convicted, with a final sentence, with a prison sentence of 3 years or more, for a crime punishable under Portuguese law, and that it does not constitute danger or threat to national security or defense, for their involvement in activities related to the practice of terrorism.