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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