11 de September, 2023
Do you have Lusitanian ancestry and are you thinking about dual citizenship? Here’s how to apply for
Portuguese citizenship for the children of Portuguese parents (one or both). Even if you were born on foreign soil and are over 18, you will most likely have the right to apply for Portuguese nationality and your Portuguese passport. However, there are rules to comply with, according to the Nationality Law. Read on to find out if you meet all the requirements, what documents you’ll need to gather for your application, and how much you’ll spend on the process.
A word of advice: if you can apply for citizenship now, don’t let the opportunity pass you by. The laws are constantly changing, so secure your right while you can.
Read also: Is the great-grandson of a Portuguese citizen entitled to apply for dual citizenship?
Generally speaking, anyone who is the child of a Portuguese citizen is entitled to Portuguese citizenship. It can be obtained at birth or as an adult. There are, however, some requirements to meet, as we’ll see below.
It is important to say that for the child of a father and/or mother Portuguese even born outside Portugal the attribution is considered original. It is retroactive to the moment of the individual’s birth, in other words: once the process has been completed, the applicant is considered Portuguese from the date of their birth. This type of citizenship can be passed down through the generations.
For children of Portuguese origin, the right applies to both children over the age of 18 and minors.
The following are considered to be native Portuguese:
There are two ways of obtaining Portuguese nationality: original (granted by origin, from birth) and derived (acquired by purchase, after birth). This small detail will influence the viability of the application, as well as the requirements that the applicant must meet.
A Originating nationality is that which is attributed to a person from the moment they are born. In other words, it is the nationality that a person acquires automatically at birth.
A Derivative nationality is one that is not automatic, it results from the voluntary expression of will of the individual who wishes to acquire nationality. It is a right that the law establishes for those who meet a set of requirements. It only takes effect from the date on which the record of the acquisition of nationality is drawn up at the Central Registry Office. This is the case for those who obtain citizenship through length of residence or marriage.
The transmission of nationality to Portuguese descendants born on foreign soil follows different criteria depending on the situation:
For children of Portuguese nationals with nationality , it is not necessary to comply with bond requirements only the regular legal requirements.
For children of Portuguese citizens who have nationality, they can only receive nationality if they are minors and have proof of ties with Portugal. In this case, there are two possible situations:
Please note: in the case of child born in Portugal even if their parents do not have Portuguese nationality, they are entitled to Portuguese citizenship. To do so, one of their parents must be living legally in Portugal or even living there without a residence permit, as long as they can prove that they have been in the country for at least a year. The rule became valid in 2020, according to the amendment to the Nationality Law.
Pay attention to a detail that could make it impossible to apply for Portuguese citizenship for your children!
Who is the Portuguese ancestor in your family? Who was the declarant of your birth on your birth certificate?
Another very important aspect to check is when your birth was registered. Nowadays, babies are registered at birth, but this wasn’t always the case. And for your case to be viable, your birth registration must have taken place during your minority. Check the law in your country to see at what age you reach the age of majority. If you were registered after the age of majority, your case is not viable.
As explained above, foreigners who have become naturalized Portuguese can only pass on Portuguese citizenship to their minor children.
Now that you know the criteria you need to analyze to see if you can apply for Portuguese nationality, here are the documents that are required:
The application for Portuguese nationality can be made online, if it is done through a lawyer. It can also be done at the Portuguese consulate in the area where the applicant lives, or in Portugal, at a Civil Registry Office, at the counter of the Institute of Registries and Notaries, at the National Support Center for the Integration of Migrants, and at the Nationality Counter.
The nationality process consists of seven phases:
If citizenship is granted, the birth certificate will be issued. From then on, the applicant will be able to obtain their Portuguese identification document (called a citizen’s card) and their passport. This application can be made at any Portuguese Consulate or Embassy, or in Portugal, at any Citizen’s Bureau or Civil Registry Office.
For minors, the application is free of charge at the Civil Registry Offices.
For individuals of legal age, the cost of processing the application is 175€.
It is important to remember that there will still be costs related to issuing the necessary documents, as well as copies and apostilles.
In addition, you may need the support of a historian to locate historical data and documents. Finally, if you want the assistance of a consultancy, you will have to pay an additional fee for the service.
The time can vary depending on the Civil Registry Office you choose, but on average the wait is between 9 and 12 months.
If your family citizenship process is not viable, it’s important to know that not all hope is lost!!!
If you really want to become a Portuguese citizen, you can obtain your citizenship through your length of residence in the country. In this case, you will need to obtain a residence visa that suits your profile and allows you to live legally in Portugal for at least 5 years.
But don’t forget! Never move without a visa that allows you to live legally in the country! Talk to our consultants and find out about all the visa options for living peacefully in Portugal!
Author:
Silvia Resende
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Author:
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