Report on Citizenship Law: Portugal
acquisition by foreigners residing in Portugal, the current system has been broadly considered
as highly favourable. Hence, several years after the law came into force, there are no plans for
new amendments to the Nationality Law. Associations promoting the rights of immigrants no
longer concentrate on the law, but on the deficiencies in its implementation.116
5. Conclusions
The main trend of the 2006 reform has been a new balance between the ius soli and the ius
sanguinis principles. In contrast to the 1981 reform, which took place in a typical emigration
scenario, this reform is aimed at adjusting the citizenship legislation to the progressive
transformation of Portugal into a country of immigration. This was a profound reform, showing
a commitment to the integration of foreigners in Portuguese society. The 2018 reform continue
to seek the goal of this integration, as showed by enlarging the ius soli criterion. This
commitment is shown, first of all, by the reinforcing of the ius soli principle, which is clear in
the following aspects:
(1) the possibility for third generation immigrants to automatically acquire citizenship;
(2) the reduction of the period of residence in Portugal by the parents of second generation
immigrants;
(3) the creation of the naturalisation of minors;
(4) the possibility of granting naturalisation to immigrants born in Portugal and who reside
illegally within Portuguese territory.
Nevertheless, the reform did not imply the return to the system in force until 1981. Birth on
Portuguese soil still does not imply in itself the acquisition of Portuguese citizenship. This was
a responsible option because of the implications that such an arrangement would have for the
other Member States. The ius sanguinis principle is still prevalent. Despite being the most
profound reforms since 1981, neither the 2006 reform, nor the 2018 reform has not changed the
spirit and the identity of the Nationality Act. That is perhaps why this Act was not replaced by
a new one, but simply amended (Ramos 2007: 199).
Major progress in the new legislation concerns naturalisation. On one hand, its nature
has been changed. With the 2006 reform, it was converted into a subjective right. Furthermore,
the correspondent requirements were deeply reformed, favouring their accomplishment by the
individuals concerned. Some of them were banished; others were clarified, withdrawing some
discretion from the authorities. These reforms reinforced the fundamental right to citizenship,
which was, until now, only guaranteed by laws regarding the loss of citizenship and the
prevention of stateless (Ramos 2007: 225).
In some circumstances the law does not demand a legal stay in Portuguese territory to
grant Portuguese citizenship. It only takes into account how well integrated the foreign
applicants are in the society, irrespective of their legal situation. This happens in three
situations:
(a) automatically, and by birth, if they are third generation immigrants;
116
Carvalhais 2010: p. 28.
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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