Amendments to the Portuguese Nationality Regulation

On the next 15th of April of 2022 Decree-Law no. 26/2022, from the 18^th of March, will enter in force, proceeding to the fourth alteration to the Portuguese Nationality Regulation.

This Diploma introduces several changes that deserve to be highlighted:

1) Possibility of fully electronic processing of nationality procedures, as well as electronic consultation of the processes (art. 43-A).

For lawyers and solicitors, all procedures and administrative acts must be processed electronically. When there is no official representative appointed, the use of electronic means is optional.

Communications between the Central Registry Office and other services or entities will also be carried out, whenever possible, by electronic means.

Finally, the submission of translated documents may be waived in some cases.

2) Mechanisms for streamlining the processing of cases are also foreseen, accepting that the presentation of translated documents may, in some cases, be waived.

3) Alongside these improvements aimed at speeding up the process of granting nationality, there are also several changes in the wording that constitutes the law, namely:

a) The regime of opposition to the acquisition of nationality is changed and the new regimes of nullity (art. 30.º and consolidation of nationality (art. 30.º. B) are provided for;

b) A new naturalization regime for minors admitted to public, cooperative, social or private institutions with a cooperation agreement with the State is established, in the context of a measure to promote safety;

c) The granting of the original nationality is foreseen to minors born in Portugal, children of foreigners, when one of them has been residing in the country for at least 5 years, or has legal residence in Portugal, or when the minor has attended at least one year of school education in Portugal;

d) The possibility of acquiring nationality by adoption is expanded;

e) A new regime for the naturalization of ascendants of original Portuguese citizens is foreseen;

f) The requirements for acquiring nationality by naturalization are changed.

4) The rules regarding the attribution of nationality to descendants of Sephardic Jews are also updated. Unlike the other changes, these rules will only come into force next September, and will establish several conditions for nationality to be granted, including:

– The need to demonstrate the descent of a Sephardic Jew;

– The need to demonstrate effective belonging to a Sephardic community of Portuguese origin;

– The need to demonstrate an effective and lasting connection to Portugal.

5) The grounds for opposing the acquisition of nationality were also changed, assuming, in the case of minors, the existence of an effective connection to the national community in the following cases:

– Minors from 6 to 17 years old:

a) Legal residence in national territory in the 5 years immediately preceding the application; and

b) Attendance at an educational establishment in the tuguese territory.

– Children from 0 to 5 years old:

a) Legal residence in national territory for the 5 years immediately prior to the request.

Thus, registration with the Tax Administration and the National Health Service or regional health services is no longer required for the presumption of effective connection to the Portuguese community.