The amendments to the Law of Nationality have now been formally approved by Parliament and ratified by the President and are effective since 11 th November 2020.
One of the main changes is related to nationality for children born in Portugal. In accordance with the new terms of the law, Portuguese nationality by origin is obtained by children born in Portugal provided that at least one of the parents is a legal resident of Portugal for at least one year. This change is a reduction of the minimum residency of parents from two years to just one year.
In addition, the amendments also establish the possibility of obtaining Portuguese citizenship to any foreign citizens who have a Portuguese second degree ancestor (i.e. grandparent) via declaration attesting such intention and proving the effective connection to the Portuguese community. This connection is confirmed simply by showing sufficient knowledge of the Portuguese language and absence of criminal activities or conviction.
It should also be noted that the Public Authorities are no longer able to oppose to the application for nationality on the grounds of absence of the effective connection to Portugal for cases of marriage or common law partnership that has lasted for more than 6 years or if the couple has common children of Portuguese nationality.
Edge International Lawyers
Following our previous articles on the recent changes to the Portuguese Law of Nationality, we can now inform that the President of Portugal has now signed off the decree from Parliament that approved the said changes. This was the final act in the legislative process and consequently the law will now be published in the official gazette and become effective.
Residency application time will count for the 5 years needed for nationality
Following our previous article on the changes to the Nationality Law in Portugal, we can now inform that the Portuguese Constitutional Court has just decided, by majority, that such changes do not raise any constitutionality issues.