Article by Raquel Babo - Lawyer at International Atlantic Services

Children born in Portugal to foreign parents may be eligible for original Portuguese nationality, provided certain legal conditions are met. This nationality is granted at birth and reflects a meaningful connection to the country. Understanding the requirements and procedural steps is essential for ensuring that nationality is correctly attributed.

Eligibility Criteria

Portuguese nationality is granted to children born in Portugal if:

• The parents are not in the service of their State of origin;
• The parents do not declare that they do not wish the child to be Portuguese; and
• At least one parent resides in Portugal, either through legal residence status or through actual residence in the country for at least one year, regardless of the type of residence documentation.

Birth Registration and Declaration

To obtain Portuguese nationality in practice, the child’s birth must be registered with the Portuguese Civil Registry shortly after birth (deadline of 20 days). During registration:

• If at least one parent meets the legal residence requirements and is not serving a foreign state, Portuguese nationality can be attributed immediately.
• In this case, it is sufficient for the parents to declare their intention for the child to be Portuguese.
• Once the declaration is accepted and the legal conditions are verified, the child is formally registered as a Portuguese citizen and may exercise full nationality rights, including obtaining a passport and identification documents.

Proof of Residence: Practical Steps

1. When a Parent Holds Legal Residency

If a parent has a valid legal residence permit in Portugal, the process is straightforward. Typically, the following documents are required:

• Hospital birth declaration, confirming that the child was born in Portugal; and
• Parents’ valid residence permit issued by AIMA, proving lawful residence at the time of birth.

With these documents and the declaration of intent, Portuguese nationality can be attributed immediately.

2. When No Parent Holds Formal Legal Residency

If neither parent has formal legal residence, the process is more complex. It is necessary to demonstrate effective residence in Portugal for at least one year, regardless of residence title. This can be shown with:

• Proof of integration and permanence, such as at least 12 months of contributions to the Portuguese Social Security system; and
• Other supporting evidence demonstrating that the family has been genuinely residing in Portugal.

Portuguese nationality law allows children born in Portugal to acquire citizenship at birth when there is a real connection to the country. With the right legal support and careful preparation of documents, the process can be smooth, compliant, and successfully completed.