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Changes to the Nationality Law

Dec 02, 2020

On 10th November 2020, the Organic Law nr. 2/2020 was published, and it introduces crucial changes to the Nationality Law.

This is the ninth modification, and these changes include and are not limited to:

Individuals born overseas, with a Portuguese grandparent

Individuals with at least one ascendant of Portuguese nationality from the 2nd degree in the direct line who have not lost that nationality, declare that they want to be Portuguese and have ties to the national community;
The community connection is accepted when there is sufficient knowledge of the Portuguese language and the applicant has not been convicted.

Married or with a Lifetime Partner (União de Facto) for more than 3 years with a Portuguese national

Foreign Individuals continue to be able to apply for citizenship in case they prove that they have ties to the Portuguese community. These ties can be the fact that they have been married or together in União de Facto for at least 6 years.

Individuals born in Portugal, with foreign parents

A child born in Portugal is considered Portuguese if, at the time of birth, one the parents is legally living in Portugal or has been living in the country, no matter what the title is, for at least 1 year.

Minors born in Portugal, with 16 years of age or more, with foreign parents

They can apply for citizenship if, at the time of the application, they follow at least one of the following terms:

One of the parents is resident here, regardless of title, for at least the five years immediately preceding the application;
One of the parents has legal residence in the national territory;
The minor has attended at least one year of pre-school education or basic, secondary or professional education.

Portuguese who lost their citizenship for living in Portugal for less than five years on 25th April 1974 and their children

These citizens can now apply for Portuguese citizenship, by naturalisation, no matter what age, even if they lived in Portugal for less than 5 years and with no proof of the Portuguese language if, after losing their citizenship:

They did not serve for the State; and
They remained and will remain in Portugal, regardless of title, as well as their children, born in national territory, to whom the Portuguese citizenship was not provided.

For more details please contact us at info@lvpadvogados.com.

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Benefits of Personal Income Tax for Young Professionals

by Diogo Pedro • 07 May, 2024

Over the past four years, young workers who earned their first income as employees or self-employed individuals have been eligible for a tax benefit in their personal income tax, known as 'IRS Jovem”. This benefit is intended to offer young workers the possibility of minimising their tax obligations, allowing for a higher amount of disposable income. To enjoy this benefit, taxpayers are required to comply with the following requirements: Have a complete course of level 4 or higher studies on the National Qualifications Framework (high school level acquired through double certification and aimed at pursuing higher education such as a bachelor’s degree, a master’s degree, or a PhD). Age between 18 and 26 years old. Considered independent, i.e., no longer included in the parent’s household for tax purposes. The specified age limit includes individuals up to 26 years old, inclusive. However, this limit is extended to 30 years old for taxpayers who have completed a degree at level 8 of the National Qualifications Framework (PhD). In 2024, this tax benefit has been improved, with increased tax exemption rates and an expanded range of applications over time. In this sense, upon completing the course of studies required, the individual may qualify for an exemption from personal income taxes for a duration of 5 years, as explained in the following details: 100% of the income in the first year with a cap of 40 times the Social Support Index – “IAS” value (€20.370,40). 75% of the income in the second year with a cap of 30 times the IAS value (€15.277,80). 50% of the income in the third and fourth year with a cap of 20 times the IAS value (€10.185,20). 25% of the income in the fifth year with a cap of 10 times the IAS value (5€.092,60). Moreover, the exemption can only be used once by the same taxpayer and should be requested when preparing and filing the personal income tax return. It is also important to acknowledge that this benefit has implications for withholding tax, allowing adjustments to the value subject to withholding tax. However, be aware that, while the withholding tax rate applied corresponds to the total amount of income earned, it is only applicable to the portion that is not exempt. If you have any questions or need assistance with this or related matters, feel free to reach out . We would be delighted to help you.

Being an urgent process, this legal action has priority over legal actions not deemed to be urgent.

My application has been pending for months with the Immigration Office - AIMA. What can be done?

by Sara Ferreira • 29 Apr, 2024

It is known to the general public that the Portuguese Immigration Office (AIMA) has not been able to timely approve residency authorisation requests within the legal timeframe defined to do so, thus resulting in residency applicants having their applications on hold for months, in some cases even years. One way to tackle this inaction from the Immigration Office is to file a legal action, namely the Subpoena for rights, freedoms and guarantees of the citizens.