Author
Competence for conferring Portuguese nationality lies either with the Minister of Justice regarding naturalisation,[1] or with the Central Registry Office (Conservatória dos Registos Centrais, CRegC) regarding other modalities for obtaining Portuguese nationality.[2]
According to the law, and in the absence of any deficiencies or irregularities in the procedure attributable to the applicant the time limit for taking a final decision on the file is at least 3.5 months in naturalisation cases,[3] and 3 months in the remaining cases.[4] Official data on actual timeframes is not available but, according to CPR’s experience, naturalisation procedures in particular tend to be much longer in practice.[5]
The Portuguese Nationality regime is relatively flexible, and the amendments introduced in recent years, including in 2020, have generally broadened the scope for nationality acquisition.[6]
Some of the modalities of acquisition of Portuguese nationality are of particular relevance to beneficiaries of international protection.
Foreign citizens, including refugees and beneficiaries of subsidiary protection, are eligible for naturalisation under the following conditions:[7]
- 18 years of age or emancipation in accordance with Portuguese law;
- Minimum legal residence of 5 years in Portugal;
- Proof of proficiency in Portuguese (at least, A2 level);
- Absence of conviction to a prison sentence of at least 3 years for a crime punishable by Portuguese law;
- Not being a danger or a threat to national security or defence due to their involvement in activities related to the practice of terrorism, in accordance with the law that governs terrorism.
According to the information available to CPR, in the case of beneficiaries of international protection, the regular residence period runs from the date of the application for international protection.
Furthermore, the Nationality Act contains a number of special naturalisation regimes exempting certain applicants of some of the above-mentioned requirements.[8] Notably, children of foreign nationals born on national territory are eligible for naturalisation under the following conditions:[9]
- Absence of conviction to a prison sentence of at least 3 years for a crime punishable by Portuguese law (if over 16 years old);
- Not being a danger or a threat to national security or defence due to their involvement in activities related to the practice of terrorism, in accordance to the law that governs terrorism (if over 16 years old);
- At least one parent resided in the country (regularly or not) at least for the 5 years prior to the application; or one of the parents regularly resides in the country; or the child has completed at least one level of pre-school, basic education, or the secondary education (including vocational training) in Portugal.
Naturalisation under this provision is free of charge.[10] For information on acquisition of nationality at birth by children born in Portugal see Civil Registration.
Children in residential care to whom a definitive child protective measure has been applied by the Family and Juvenile Courts may also acquire Portuguese nationality through naturalisation, with exemption of residency requirements.[11] If the child is over 16 years old, eligibility depends upon:
- Absence of conviction to a prison sentence of at least 3 years for a crime punishable by Portuguese law (if over 16 years old);
- Not being a danger or a threat to national security or defence due to their involvement in activities related to the practice of terrorism, in accordance to the law that governs terrorism (if over 16 years old);
In this case, the process must be triggered by the Public Prosecutor Office,[12] and is also free of charge.[13]
It should be noted that, on the basis of a reasoned request, the Ministry of Justice may decide to exempt naturalisation applicants from presenting supporting evidence in special and justified cases where it is shown that the facts for which supporting evidence is required are true beyond doubt.[14] The law also details the proof of proficiency in Portuguese.[15]
Foreign citizens, including refugees and beneficiaries of subsidiary protection, can acquire Portuguese citizenship if they have been married or have been in a civil union with a Portuguese citizen for at least 3 years.[16]
CPR’s experience indicates that the main challenges in acquiring nationality through naturalisation are related to poor language skills and obtaining supporting evidence. Supporting evidence required in naturalisation applications generally consists of legalised and translated birth certificates as well as criminal records from the country of nationality and former countries of residence, including EU Member states. In accordance with the applicable provisions, the authorities are generally flexible regarding supporting evidence in naturalisation procedures involving refugees and beneficiaries of subsidiary protection who present reasoned justifications. CPR further provides support to that end, e.g., by clarifying the international legal standards that apply to administrative assistance.
Another issue that continued to be identified in the course of 2023 despite contacts with SEF in this regard, is related to the content of the declarations issued by SEF to certify the period of legal residence. According to CPR’s observation, when the renewal of the residence permit was pending, that period of time was not referred to as legal residence by SEF. This was the case despite the beneficiary of international protection holding a certificate that replaces the actual residence permit for all legal purposes (including to attest regular residency in the country). This continued to be the case with AIMA, compounded by divergent practices adopted by different front-desks of the agency.
While in 2023 the form to apply for naturalisation removed the requirement to present this declaration, the Nationality Regulation was not amended accordingly.
According to AIMA, 272 beneficiaries of international protection applied for Portuguese nationality through naturalisation in 2023. AIMA did not provide information regarding the number of persons granted Portuguese nationality through naturalisation in 2023. Disaggregation per status was also not provided.
[1] Article 27 Portuguese Nationality Regulation.
[2] Article 41 Portuguese Nationality Regulation.
[3] Article 27 Portuguese Nationality Regulation.
[4] Article 41(1) and (2) Portuguese Nationality Regulation.
[5] According to the 2022 annual report of the Ombudsperson to the Parliament, the average duration of the analysis of nationality procedures is of more than 2 years. See: Ombudsman, Relatório à Assembleia da República 2022, July 2022, available at: https://tinyurl.com/4j5jexx6, 25.
[6] While the Nationality Regulation was amended in 2023, the changes did not impact the provisions described here.
[7] Article 6(1) Nationality Act; Article 19 Portuguese Nationality Regulation.
[8] Article 6(2) – (9) Nationality Act.
[9] Article 6(2) Nationality Act; Article 20 Portuguese Nationality Regulation.
[10] Article 6(12) Asylum Act. The provision, added in 2020, determines that naturalisation under some of the special regimes is free of charge. Naturalisation under other provisions (including the general regime) has a cost of €250.
[11] Article 6(3) Nationality Act.
[12] Ibid.
[13] Article 6(12) Nationality Act.
[14] Article 26 Portuguese Nationality Regulation.
[15] Article 25(2)-(9) Portuguese Nationality Regulation and Ministerial Order 176/2014.
[16] Article 3 Nationality Act; Article 14 Portuguese Nationality Regulation.