News Article by Luis Leitão Teixeira - Lawyer, International Atlantic Services

Portuguese Nationality Laws provide a clear and inclusive framework for families, ensuring that children of those who acquire Portuguese citizenship are not left behind.

Article 2 of the Nationality Act is a key provision in this regard, allowing minor or incapacitated children of a parent who becomes Portuguese also to acquire the nationality through a simple formal process. This article explicitly states that minor or incapacitated children of a parent who acquires Portuguese nationality may also obtain it through a formal declaration. This provision ensures that children under 18, or those who are legally or mentally incapacitated, can benefit from their parent’s acquisition of nationality. However, the process is not automatic, and parents must submit a formal declaration to Portuguese authorities on behalf of the child to complete the process.

Under this article, the process for a minor or incapacitated child to acquire Portuguese nationality involves several steps. First, parents must provide proof of the parent-child relationship by submitting documents such as the child’s birth certificate. The request must also be filed before the child turns 18 unless the child is incapacitated, in which case this age limitation does not apply but requires documentation of the incapacity.

For children who are over 18, Article 2 no longer applies. However, they may still apply for nationality through naturalization if they meet the legal criteria, which typically include at least five years of residency in Portugal and evidence of ties to the country, such as language proficiency.

Families participating in the Golden Visa program, Portugal’s residency-by-investment initiative, also have a pathway for minor children to obtain nationality.

Article 2 reflects Portugal’s commitment to preserving family unity during the naturalization process. By allowing children to acquire nationality alongside their parents, the law promotes inclusivity and protects the rights of minors, while ensuring that legal processes are respected through the submission of proper documentation and adherence to deadlines. For families seeking to acquire Portuguese nationality for their children, legal assistance can be invaluable. Understanding the nuances of Article 2 and related provisions, such as those under the Golden Visa program, ensures a smooth application process and avoids potential complications. Portugal’s nationality laws remain a model of balance, protecting family ties while upholding legal integrity. For families navigating these pathways, the opportunities for integration and a secure future in Portugal are significant.

If you have any questions or need to know more about citizenship, don’t wait and reach out to IAS, we have an experienced team of lawyers that can give you the best and specialized support with these and other matters.