Report on Citizenship Law: Portugal
vote in local elections, they must be registered on the electoral lists. They also enjoy special
representation in parliament by electing four members.82
Some scholars claimed that the new law should temper the ius sanguinis criterion,
arguing that it would result in the recognition of a truly ethnic privilege derived from descent
(Silva 2004: 108), as the children of expatriates would have the same political rights as the other
Portuguese citizens, regardless of having a link to the country. Despite this concern, however,
the 2006 reform has reinforced the ius sanguinis principle, which was further expanded in 2018.
The new version foresees that grandchildren of Portuguese citizens may acquire Portuguese
citizenship by birth, provided that they have a sufficient connection to the Portuguese
community. The right of grandchildren to acquire Portuguese citizenship was firstly foreseen,
by the 1006 reform, as a ground for a subjective right to naturalisation. The Social-Democratic
Party (PSD) suggested this arrangement to address the fact that in communities of Portuguese
expatriates, there were people who had maintained strong links with Portugal but could not
accede to Portuguese citizenship solely because their parents had never asked for such
citizenship for themselves. It also invoked the national interest, since many of the potential
applicants had relevant positions in the societies where they lived, so this arrangement could
contribute to create an image of a modern Portugal.83 This is an innovation in Portuguese law.
Until now, the ius sanguinis principle was only relevant regarding the descendants of first
degree. By contrast, the majority of the legal norms introduced by the 2006 reform, this one
considered the large community of Portuguese expatriates who, despite the immigration
phenomena, still represent a Portuguese reality.
If it is true that the children of first generation emigrants often maintain genuine ties
with the country of origin of their parents and frequently learn their mother tongue at home, this
is rarely the case among subsequent generations, who do not have an effective link with the
country of origin of their grandparents. It is also hard to understand why the law requires that
the applicant be born abroad. The applicant can not rely on this legal arrangement if he was
born in Portugal, even if he has Portuguese grandparents. This is a paradox, because the ius soli
principle should favour the acquisition of Portuguese citizenship in these circumstances (Ramos
2007: 210).84
The Nationality Act provides other arrangements for the community of descendants of
Portuguese expatriates. Art. 6(6) provides for the discretionary naturalisation of foreigners who
are descendants of Portuguese citizens and members of communities of Portuguese origin. Art.
6 (7), as already mentioned, also foresees such a solution for the descendants of Portuguese
Sephardic Jews. Such individuals are exempted from residence and language requirements, but
do not have a subjective right to naturalisation.
The law also provides special arrangements for former Portuguese citizens. Those who
have held Portuguese citizenship and have never acquired any other citizenship have a
subjective right to naturalisation and are exempted from fulfilling the requirements regarding
the period of residence and knowledge of Portuguese language (art. 6(4) of the Nationality Act).
This is a mode of reacquisition of citizenship which makes naturalisation more appealing. The
82
According to art. 12(4) and 13(3) of Law 14/79 of 16 May (Parliamentary Elections Act), expatriates who are
registered as voters are divided into two constituencies: one which covers European states and another which
represents all non-European countries. Each of these constituencies elects two members for parliament.
83
Parliamentary Debates, Diary of the Assembly of the Republic 54, 2005: 2479. The PSD went even further. It
claimed that the grandchildren of expatriates who were born abroad should acquire Portuguese citizenship by
birth providing that one makes a declaration (Parliamentary Debates, Diary of the Assembly of the Republic 54,
2005: 2459). The new legislation has not included this proposal.
84
In such cases, in order to have a subjective right to naturalisation, he or she must meet the general
requirements of art. 6 (1) of the Nationality Act.
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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