Report on Citizenship Law: Portugal (a) The child of a Portuguese (mother or father) who was born on Portuguese territory (art. 1(1)(a));51 (b) The child of a Portuguese (mother or father) who was born abroad, if the parent was serving the Portuguese state (art. 1(1)(b)). The law also provides for the ex lege acquisition of citizenship at birth through ius soli. First, this applies in the traditional case of those who were born on Portuguese territory and who do not have any other citizenship (art. 1(1)(g)).52 Second, the 2006 reform introduced a new mode of ex lege acquisition of citizenship at birth which gives relevance to the ius soli principle. It concerns the immigrants of the third generation (double ius soli) (art. 1(1)(e)). It is an automatic (ex lege) acquisition and only requires that one of the parents was born in Portuguese territory and that such parent resided there at the time of the child’s birth, regardless of holding a legal permit. This arrangement is also applicable if such a parent was born in Portugal and resides in Portugal at the service of their own state (for example as a diplomat) (Ramos 2007: 201). Silva considered the former version (which did not foresee this possibility) was unconstitutional, since it disrespects the fundamental right to citizenship and the principle of equality (as it granted exactly the same protection to immigrants of both second and third generations) (2004:107). This new arrangement is applicable to the individuals who were born in Portuguese territory before the entry into force of such arrangement. Finally, all persons born in Portuguese territory acquire ex lege Portuguese nationality provided that at the time of birth one of the parents has been legally resident for at least two years (art. 1(1) (f)). However, contrarily to the previous point, this regime is not applicable to children born to parents who were in Portugal at the service of their own State. In all of these cases the persons concerned are of Portuguese origin, under the simple terms of the law, as long as the following conditions are stated in the birth registration: the Portuguese citizenship of either of the parents (or no mention of foreign citizenship of the parents - art. 3(a) of the Nationality Regulation); when born abroad, a statement that the mother or father were serving the Portuguese state on the date of birth (art. 7 of the Nationality Regulation); or a statement that no other citizenship is held (art. 3(c) of the Nationality Regulation). Regarding immigrants of the third generation, since 2006 children born in Portugal to a person also born in Portugal automatically acquire Portuguese nationality at birth. The ancestor has to prove that he or she was born in Portugal through his or her birth registry and that he or she resides in Portugal (art. 4(3) of the Nationality Regulation). Unless they declare otherwise, persons born in Portugal are of Portuguese origin, under the simple terms of the law and independently of an express declaration of intent, provided that one of their parents has resided in the territory for two years. Previously, the Nationality Law only allowed voluntary acquisition at birth through ius soli, provided that one of the parents had lived legally in Portugal for at least five years. The new solution not only decreased the necessary parent’s residence period but also changed the very nature of the nationality acquisition: from now on, these second-generation immigrants are of Portuguese origin, under the simple terms of the law and independently of an express declaration of intent. This amendment aimed at responding to immigrants’ groups and associations’ claims, who have been advocating for the consecration of a pure ius soli solution in the Portuguese legal 51 Acquisition of Portuguese nationality through the joint effect of ius soli and ius sanguinis (territorial ius sanguinis). 52 As explained above, the primary purpose is to prevent statelessness rather than to introduce ius soli, since ius soli is only applied to prevent the person in question from being left without a nationality (Ramos 1992: 132; Jalles 1984: 179). RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author 15