The recent amendment to the Nationality Law, approved by the Assembly of the Portuguese Republic on July 21, was rejected by the President of the Republic. The reason for the refusal to promulgate the Diploma was specifically related to the following provisions on the acquisition of Nationality:
Article 3 – Acquisition in the event of a marriage or stable union
paragraph 4: the requirement relating to the duration of the marriage or the stable union shall not apply where there are ordinary children of the couple with Portuguese nationality.
paragraph 5: the legal action for the recognition of the stable union is dismissed to the foreigner who, at the time of the declaration, lives in a stable union with a national Portuguese, and has ordinary children of Portuguese nationality.
Opposition to the acquisition of nationality by effect of the will
paragraph 2: Opposition to the acquisition of nationality on the basis of point (a) of the preceding paragraph does not apply to situations of acquisition of nationality in the event of a marriage or stable union when there are common children of the couple with Portuguese nationality or when the marriage takes place at least 6 years ago.
The President of the Republic considered that the proposed wording for the above-mentioned provisions would disfavor childless couples, causing a situation of injustice. The Diploma was therefore returned to the Assembly of the Republic for the reconsideration of these rules.
More recently, on October 2, the diploma was re-evaluated by the Assembly of the Republic. The rules have been amended with reference to couples with children, being avoided the situation of injustice indicated by the President. Currently the Diploma is again under consideration and awaits the competent approval and promulgation.