Citizenship Law

CITIZENSHIP LAW OF PORTUGAL

Artigo 1P. 1- Following persons are Portuguese by birth:

a) the children of a Portuguese father or a Portuguese mother born on Portuguese territory or territory under Portuguese administration, or born abroad if the Portuguese parent there is in service of the Portuguese State; ....

b) the children of a Portuguese father or a Portuguese mother born abroad, if they declare, that they want to be Portuguese or if they register the birth in a Portuguese civil register;

c) persons born on Portuguese territory as children of aliens who reside here possessing a valid residence permit since at least 6 or 10 years, depending on the fact whether they are citizen of countries with Portuguese as official language or citizen of other countries, and who are not in service of their State, if they declare, that they want to be Portuguese; ....

d) persons born on Portuguese territory, when they do not possess another nationality.

2. New-born infants found abandoned on Portuguese territory or territory under

Portuguese administration are deemed to have been born in those territories, unless the contrary is shown.

Artigo 2P. The children of a father of mother, who acquires Portuguese nationality, can also acquire this nationality by making a declaration during their minority or incapacity.

Artigo 3P. 1. The alien who is married since more than three years with a Portuguese national can acquire Portuguese nationality by making a declaration during the marriage.

2. The nullity or dissolution of the marriage does not prejudice the nationality acquired by a spouse who concluded the marriage in good faith.

Artigo 4P. Persons who lost Portuguese nationality as a consequence of a declaration made during their incapacity, can reacquire this nationality by making a declaration, while they are of full capacity.

Artigo 5P. A person, who becomes by full adoption the child of a Portuguese national, acquires Portuguese nationality.

Artigo 6P. 1- The Government can grant Portuguese nationality by naturalisation to aliens who fullfill all following requirements:

a) they are of full age or of full capacity ("emancipados") according the Portuguese law;

b) they reside on Portuguese territory or territory under Portuguese administration possessing a valid residence permit since at least 6 or 10 years, depending on the fact whether they are citizen of countries with Portuguese as official language or citizen of other countries;

c) they have a sufficient knowledge of the Portuguese language;

d) they show the existence of an effective link with the national community;

e) they

f) they

2. The requirements specified under b) and d) can be waived in relation to persons who have possessed Portuguese nationality, persons who recognised as decendants of Portuguese, menbers of communities with Portuguese ascendants and persons who have rendered relevant services to the Portuguese State or are asked to render such services.

Artigo 7P.1- The naturalisation is granted by decree of the Minister of Home Affairs on application of the person involved and after an investigation according the [uitvoe- ringsbepalingen.....

2. The title of acquisition of nationality by naturalisation is the certificate of naturalisation, expedied [? uitgevaardigd according the [uitvoeringsbepalingen and sealed with the necesarry sealed revenue stamps.

3. The procedure of naturalisation and the documents destinated for the investigation are not subject to the Seal Statute (Lei do Selo).

Artigo 8P. Persons, who are nationals of another State, lose Portuguese nationality by making a declaration, that they do not want to be Portuguese.

Artigo 9P. Following facts are reasons for opposition against the [the refusal of the acquisition of Portuguese nationality by making a declaration of option or by adoption, if the applicant

a) has not shown an effective link with the national community;

b) has committed a crime with a maximum penalty of imprisonment of more than three years according the Portuguese legislation;

c) is in the public service or not compulsary military service of a foreign State.

Artigo 10P.1- The opposition is exercised by the Public Prosecutor within one year from the date of the fact on which the acquisition of the nationality depends, in a procedure initiated at the Court of Lissabon [Relação de Lisboa.

2. All authorities are obliged to inform the Public Prosecutor about the facts mentioned in the preceding article.

Artigo 11P. The attribution of Portuguese nationality [according art. 1 P has consequences from the birth, without prejudice to the validity of legal relationships established before the attribution based on another nationality.

Artigo 12P. The consequences of a change of nationality exist from the date of registration of the acts or facts on which they depend.

Artigo 13P.The certificate of naturalisation has consequences, if the registration of the certificate is asked within a period of six month from the date of notification.

Artigo 14P. Only the affiliation established during the minority has consequences regarding the nationality.

Artigo 15P.The registration in Portuguese consulates according the regulation in force does not constitute as such a title of attribution of Portuguese nationality.