Changes to the Nationality Law
2 December 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.
Luís Maria Branco | Lawyer
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