Report on Citizenship Law: Portugal
had been destroyed due to wars or revolutions.104 Nevertheless, there are still many problems
for obtaining documents from the authorities of the countries of origin-105
Due to these procedural arrangements, the waiting time for the acquisition procedures
was substantially reduced, from an average of two years to six months (regarding adults) and
three months (regarding minors).106
Art. 40 of the Nationality Regulation allows the possibility of creating extensions of
reception centres of the Central Registry Office along with other public authorities. One of them
has already been created in the National Immigrant Support Centre. Art. 40 also provides for
the negotiation of protocols between the Directorate General of Registry and Notaries and other
entities, such as private associations, for the purpose of providing information on the
applications for acquisition and loss of citizenship and transmission of the respective statements
to the Central Registry Office. The purpose of this norm is to involve the recognised
associations of immigrants, which are closer to their communities in Portugal.107
Regarding the Portuguese language test required for naturalisation, a system managed
by the Minister of Education has been created, which includes an Internet site108 where potential
citizens can find information about the places and dates where the language test will take place,
to register for the test and to consult the results.
The proof of holding Portuguese citizenship
The acquisition of citizenship at birth for the descendants of Portuguese born in Portugal or
abroad (if their father or mother are serving the Portuguese state), of those born in Portugal
without a citizenship (or foundlings), and of those who were born in Portugal to foreign citizens
who were residing legally in Portugal for two years is proven by the evidence of the birth record
at the civil registry (art. 21(1) of the Nationality Act). Acquisition of citizenship at birth for the
descendants of Portuguese born abroad, if their birth was registered at the Portuguese civil
registry, is proven by the birth record at the civil registry or by the registry of the declaration
required for the acquisition (art. 21(3)). The acquisition of citizenship for immigrants of the
third generation is also proven by a birth record in the civil registry, which mentions that one
of the parents was born and resides in Portugal (art. 21(4)).
Acquisition of citizenship after birth by expression of intent (spousal and filial transfer)
or through naturalisation, as well as the loss and reacquisition of citizenship are proved by the
register (art. 22(1) of the Nationality Act). This registration is no longer made upon the request
of the parties concerned. It is instead made by an entry or by registering an attachment to their
birth records (art. 19 of the Nationality Act and art. 48 of the Nationality Regulation).
Registration therefore plays a key role within the system of citizenship law. It allows the
Portuguese state to know who their nationals are, and it allows those concerned to prove their
possession of Portuguese citizenship (Ramos 1992: 206; Reis 1990: 48).
104
State Secretary of the Ministry of Justice, meeting of the Consultative Council for Immigration Affairs of 31
October 2006, ACIME. With regard to the impossibility of providing a registration of birth, the Nationality
Regulation allows the mechanism of birth inscription, which is made during the nationality procedure itself (art.
9 of the Nationality Regulation).
105
Healey 2011: 97.
106
Healey 2011: 97.
107
State Secretary of the Ministry of Justice, meeting of the Consultative Council for Immigration Affairs of 31
October 2006, ACIME.
108
http://www.provalinguaportuguesa.gov.pt.
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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