Nationality, regulated by Law no. 37/81 of October 3, consists of the permanent legal-political link between an individual and the state, which confers on him or her the status of national, thus becoming part of that country’s legal system.
article published in several newspapers and radio stations – 02/07/2025
You can acquire nationality by birth (the so-called original nationality) or through certain legal processes, such as marriage, which consists of derived nationality, which this article will focus on.
The acquisition of nationality, whatever its origin, binds the individual to the state, which implies a certain responsibility in the actions of both parties. This means that the state will recognize a set of rights, with the national being protected by the laws and rules in force in that country, but it also recognizes certain obligations, the fulfilment of which depends on the citizen.
In this sense, the aforementioned Nationality Law mentions in its article 1 who the original nationals are, such as the children of a Portuguese mother or a Portuguese father born in Portuguese territory or the children of a Portuguese mother or a Portuguese father born abroad if the Portuguese parent is there in the service of the Portuguese State, but it also regulates the possible ways of acquiring nationality by derivation.
With regard to this last form of acquisition, it is important to note that, as in recent years, it is once again the subject of changes, and it is important to mention what these are and the implications they may have.
In recent days, the government has made new proposals that affect the Nationality Law, tightening up the criteria for obtaining Portuguese nationality: the main changes are to the period of legal residence and compliance with the law.
Firstly, the length of legal residence required to obtain nationality has been proposed to be extended: for citizens belonging to CPLP countries (such as Brazil, Angola or Cape Verde), there is a minimum period of 7 years, while for other countries this period rises to 10 years. It’s important to note that this period only starts when you receive your residence card and not when you apply for it. For the children of foreigners born in Portugal, the automatic attribution that existed previously has disappeared.
Proof is now required that both parents have had a valid residence permit for at least 3 years and expressly wish to be granted nationality.
There are also other integration requirements, such as demonstrating command of the Portuguese language, knowledge of civic rights and duties, culture and a solemn declaration of adherence to the values of the democratic rule of law. On the other hand, the special naturalization regime for Sephardic Jews is abolished and citizenship by descent is extended to great-grandchildren of Portuguese citizens.
There are also provisions for loss of nationality as an additional sanction that can be imposed by court decision for committing serious crimes with a sentence of five years or more.
Judith Teodoro,
Lawyer
With the collaboration of collegues,
Catarina Menezes and Filipa Cabral
