Ana Rita Gil and Nuno Piçarra
order. The ius soli criterion alone is still not enough to confer citizenship on children born in
Portugal to foreign parents. Acquisition still depends on the parents’ situation (they cannot be
in Portugal serving their state), the length of time the parents have resided in Portugal, and their
residence status. Proposals for a consecration of a pure ius soli principle continue to be
presented to the Parliament. However, the majority parliamentarians have been dismissing these
initiatives, due to concerns with EU citizenship, with respect of the principle of effective
nationality and also due to the prevention of illegal immigration.
Voluntary acquisition of citizenship at birth
The Nationality Act also provides arrangements for the voluntary acquisition of citizenship at
birth (by option, by declaration, and/or by registration). These arrangements are different from
ex lege acquisition in that the acquisition of citizenship is voluntary, as it always requires the
applicant’s expression of intent. Once this statement is made, and when the other legal
requirements have been met, the acquisition of citizenship works automatically in accordance
with the law and cannot be prevented by the state as is the case with acquisition after birth by
declaration (Ramos 2001: 219). Despite being voluntary in these cases, the acquisition of
citizenship is actually a form of acquisition at birth. Therefore, the requirements for acquisition
must be verified at birth. There are two different procedures.
First, in acquisition through ius sanguinis, the child of a Portuguese mother or father
born abroad who declares (in person or through a legal agent) that he or she wants to be
Portuguese or that the birth is registered at the Portuguese registry office (art. 1(1)(c) of the
Nationality Act) is considered Portuguese.53 This citizenship acquisition is through ius
sanguinis, but this is not enough on its own to determine the conferment of Portuguese
citizenship. The applicant must declare in person or through a legal agent that he or she wishes
to be Portuguese. An explicit declaration registered at the Central Registry Office or a tacit
declaration resulting from registration of the birth at the consulate at the place of birth or at the
Registry Office is sufficient (art. 8 of the Nationality Regulation).
In 2015 this possibility was expanded to grandchildren of Portuguese citizens.
According to the current art. 1(1)(d), individuals who have born abroad but have at least one
second degree ascendant with Portuguese nationality, who have not lost that nationality, may
acquire Portuguese nationality. Some requirements are applicable: they must declare that they
want to be Portuguese, have effective ties to the national community and must register the birth
in the Portuguese Civil Registry. According to art. 1(3), the Government acknowledges the
relevance of such ties, namely by proving a sufficient knowledge of the Portuguese language
and the existence regular contacts with the Portuguese territory. Finally, acquisition is precluded
if the applicant was condemned for having committed a crime punishable by imprisonment of
a maximum of 3 years or more, according to Portuguese law.
Acquisition after birth
Acquisition of citizenship after birth only takes effect when the respective legal requirements
have been met, in other words, ex nunc (art. 12 of the Nationality Act). The Act foresees five
ways of acquiring citizenship after birth: ex lege in case of adoption, by declaration based on a
legal entitlement in case of filial, spousal and partner transfer of citizenship and by
53
This declaration can be made at any time, specifically if the person is of age. However, the child of a Portuguese
parent can only acquire nationality if descent is established when the child is a minor (Art. 14 of the Nationality
Act).
16
RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author
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