Report on Citizenship Law: Portugal
were in Portugal legally, but on the basis of a different permit, such as a work permit or permit
of stay32 (which covered a large percentage of foreigners living in Portugal).
Furthermore, Law 25/94 introduced a distinction between foreigners from Lusophone
countries and others. It kept the minimum period of residence at six years for the former, but
increased it to ten years for the latter.
In addition, the arrangements for acquiring Portuguese citizenship through marriage to
a Portuguese citizen were amended. The law required a minimum period of three years of
marriage for the spouse of a Portuguese citizen to acquire Portuguese citizenship. Furthermore,
the opposition by the state could now be founded on the applicant’s failure to prove an effective
link to the Portuguese community. Prior to 1994, the Public Prosecutor had to prove the
applicant’s obvious lack of integration into the Portuguese community in order to successfully
oppose the acquisition of citizenship through marriage. Since this proof was difficult to obtain,
the legislation of 1994 transferred the burden of proof by making it the foreign applicant’s duty
to prove the link. This then became one of the premises for acquiring citizenship.
2.8. Organic Law 1/2004: the reacquisition of Portuguese nationality
In order to eradicate the negative effects of earlier legislation on emigrant communities, Organic
Law 1/2004 of 15 January introduced two major changes to the reacquisition arrangements.
First, it removed the possibility for reacquisition to be opposed and established ex lege
acquisition whenever the loss of nationality had not been registered. Second, reacquisition was
made retroactive to the date of loss, thus allowing the children of emigrants born abroad to
acquire Portuguese nationality via ius sanguinis.
2.9. Organic Law 2/2006: a democratically inclusive reform
The election of a new Socialist Party government in 2005 introduced another change in the
citizenship policy. The approval of Organic Law 2/2006 of 17th April deeply changed the
Nationality Act. This reform was considered by some scholars as the most generous and the
most open-minded since the entry into force of Law 37/81 (Canas 2007: 521). Its main objective
was to increase the number of ways in which Portuguese citizenship could be acquired. This
objective was justified for several reasons. Demographics were causing concern, as a decrease
in the Portuguese population endangered economic stability, the social security system, and the
continuity of the Portuguese community. Political issues also provided justification, specifically
the desire to increase the relevance of the Portuguese in the international community (Canas
2007: 511). Finally, social concerns required an adjustment of the Nationality Act to manage
the internal shift of Portugal from a country of emigration to one of immigration. Given these
reasons, the adoption of more inclusive arrangements was imperative, especially with regard to
the integration of the immigrants of the second and third generations, whose citizenship did not
correspond to an effective link to the country. Their effective relationship with Portugal had not
been converted into legal citizenship.33
32
Different from residence permits, a permit of stay (autorização de permanência) excluded the holder from
voting or applying for naturalisation in Portugal.
33
This was the main reason invoked by the government for the amendment of the Nationality Act. See, Minister
of the Presidency, Parliamentary Debates, Diary of the Assembly of the Republic 54, 2005: 2457.
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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