Ana Rita Gil and Nuno Piçarra
The 2006 reform added another category of individuals who have a subjective right to
naturalisation. The minors who were born in national territory and who meet the following
conditions have a right to citizenship if (art. 6(2)):
(1) they have sufficient knowledge of the Portuguese language;
(2) they were not been convicted, in a final judgment, with imprisonment of 3 years or
more.
(3) They do to not represent a danger or threat to national security or defence by his or
her involvement in activities related to the practice of terrorism under the respective
law.
(4) they are in one of the following situations:
(a) one of the parents is resident in Portugal, regardless of any residence permit, for
at least five years immediately preceding the application;
b) The minor has completed at least one cycle of basic education or secondary
education in Portugal
This last possibility is a new way to assess the existence of a link with Portugal which was
previously ignored by Portuguese law. It gives considerable relevance to the socialisation of the
minor in the country. But the major grounding for such a subjective right remains birth in
Portuguese territory. Indeed, socialisation (implied by the educational or residence
requirements), works only as a complementary requirement. Therefore, this mode of acquisition
can be qualified as ius soli after birth.
The same can be said regarding another naturalisation right, introduced in 2018.
According to art. 6(5), the Government grants nationality, by naturalization, exempting the
requirement on legal residence, to individuals who cumulatively satisfy the following
requirements:
a) were born in Portuguese territory;
b) are children of a foreigner who resided here, regardless of legal permit, at the time
of their birth;
c) reside here, regardless of title, for at least five years.
In addition, persons need to comply with the above-mentioned requirements on
language knowledge, clean criminal record and absence to threat to public order. This is another
recognition of the ius soli principle. Since their parents were not legally resident at the time of
the birth, these individuals have not acquired nationality by birth.
Art. 6(3) sets forth a subjective right to naturalisation for children and youngsters who
are accommodated in legally recognized institutions aimed at protecting children and
youngsters in danger. The Public Prosecutor’s Office is responsible for initiating the procedure,
and for guaranteeing that the child’s rights are protected throughout all procedures. This was a
clear recognition of the Sate duty to protect children, enshrined not only in the Convention on
the Rights of the Child but also on the Portuguese Constitution.
A subjective right to naturalisation, based in the ius soli principles is now granted to
some foreigners irrespective of legal residence. This clause was expanded in the 2018 reform.
According to Article 6 (5), such right is granted to foreigners who were born in the Portuguese
territory provided that (1) one of their parents were residing in Portugal, at the time of the birth,
irrespective of legal residence and (2) the applicant has resided in Portugal for five years.
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RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author
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