The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
The question of the week comes from many mothers and fathers from Brazil who live in Portugal. With the approval of the Nationality Law in Parliament (but not yet in force), It is no longer possible to apply for nationality through a baby born in national territory?
Lawyer André Lima responds:
“The question is pertinent and the answer, unfortunately, is yes. At the end of October, the Portuguese Parliament approved an amendment to the Nationality Law that completely modifies article 6, no. 8, eliminating the possibility for parents of original Portuguese citizens to request nationality through their child.
According to the current wording of the law, still in force until presidential sanction and publication in the Diário da República (DRE), article 6, paragraph 8, allows the Government to grant nationality to parents of Portuguese origin who have resided in Portugal for at least five years, regardless of their residence permit.
This device has become an important family integration instrument, benefiting parents who live with Portuguese children, even if they are still in the process of regularization. However, the text now approved by Parliament completely changes the content of the article.
The new wording no longer mentions “progenitors” and now provides for the granting of nationality to 3rd degree descendants in the straight line of original Portuguese (grandchildren and great-grandchildren).
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In other words, the article was not revoked, but its letter was completely replaced, making the specific right of parents to request nationality based on the bond of filiation with their Portuguese child disappear.
In practice, parents can no longer apply for nationality through their child, but they can still obtain a residence permit as family members of a Portuguese citizen. From this legal residence, they will be able to apply for nationality through naturalization in the future, as long as the residence deadlines set out in the law are met: seven years for citizens of Portuguese-speaking countries and ten years for others.
Another relevant change approved in the same diploma concerns children born in Portugal. The new text of article 1, paragraph 1, paragraph f determines that Only those born in Portuguese territory whose parents have legally resided in the country for at least five years will be considered Portuguese by origin.. Previously, it was enough for one of the parents to have a valid residence permit or to have lived in Portugal for a year, even without a title.
These changes, which still await promulgation and official publication, represent a significant turn in Portuguese nationality policy, reinforcing the requirement for legal and lasting residence, and limiting automatic links between Portuguese parents and children.”