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Acquiring Portugal citizenship

Last activity 29 December 2020 by kagoxo6303

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kagoxo6303

Hi! I have two questions:

1) If my father had a Portuguese citizenship (through naturalization) and renounced it (because of his workplace that didn't allow dual nationality) does the law permits him to re-acquire it?

2) If my grandmother became a Portugal citizen 5 years ago (through naturalization) can I also request citizenship (I live abroad) even though I was born after she received it?
I've read this in the Portuguese law (translation): "Individuals with at least one ascendant of Portuguese nationality from the 2nd degree in a straight line who has not lost that nationality, if they declare that they want to be Portuguese and have ties of effective connection to the national community"

Thank you

JohnnyPT

Hi, please read this link:

https://www.expat.com/forum/viewtopic.php?id=915197

Answering to your questions:

1) Your father may try to reacquire nationality (B7b or B7e).

2) You can get nationality through your grandmother (C1) or through your father (C2).
In C1, as amended from 11 November 2020, foreign citizens who are grandchildren of Portuguese nationals may now be granted Portuguese nationality provided that they prove only (i) sufficient knowledge of the Portuguese language and (ii) that they have not been sentenced to a prison sentence of 3 years or more for a crime punishable under Portuguese law. 

But as you are an Australian citizen, I assume you have no knowledge of the Portuguese language... Therefore, you will have to meet the requirements you refer to in your question (and described in point D of link above). In your case, it might be better to try: (B7b or B7e) + C2.

Best regards

kagoxo6303

@JohnnyPT Thanks, the answer and the link you provided were very helpful.

However there's still something not quite clear to me regarding the second question.
I understand that in the case of a parent who was granted citizenship by acquisition (not attribution) - the child is entitled (A1 in the linked post) only if he was born before the parent acquired his/her citizenship or if the child is minor.

Now in our case of a grandparent who was granted citizenship by acquisition (not attribution) - are there similar demands such that the grandchild (and possibly the parent?) has to be born before the grandparent acquired his/her citizenship or for the grandchild to be minor?

Thanks a lot.

JohnnyPT

Hi, your question is explained in detail, I just didn't pay attention to the detail of your grandmother's nationality being made by acquisition and not by original attribution. I apologize for that.

It seems to me that your grandmother cannot pass this right directly to her son,  (your father) or to you (her grandchild)...

A. Eventually, your father may obtain the Portuguese nationality, from his father (your grandfather) by original attribution, or eventually reacquire it, since he already had it. And only after that, you can obtain nationality from your father, or from your grandfather (this is true, only if your grandfather is/was Portuguese).

B.  If your grandmother married with a Portuguese citizen (eg. her second's marriage), thus getting the portuguese nationality by acquisition, neither you nor your father are entitled to that.

But you can know more about this by contacting one of the Portuguese consulates in Australia.

https://portaldascomunidades.mne.gov.pt … /australia

Best regards.

kagoxo6303

@JohnnyPT I see, thanks again! I will indeed try to contact the consulate per your suggestion.
One last question if I may bother you - do you happen to know by any chance where can I find the relevant law that speaks about sections B7b and B7e in your linked post? I can't find info about it on the internet and I've tried reading this:
https://dre.pt/home/-/dre/148086464/details/maximized
by translating the page to English using Chrome (since unfortunately I can't read Portuguese) but can't find the relevant paragraphs :(

JohnnyPT

The 'Diário da República november 2020' link I placed concerns the latest amendments to the nationality law in November 2020. The laws consist of amendments on past texts, and there is no mention of what is not amended, only what has been subject to amendment...

Regarding the loss of nationality, this has not been changed in this last version, so it has not been mentioned there.

See here the 2006 version and if you find here something about that:

https://dre.pt/web/guest/legislacao-con … /diploma/1

Laws are very complicated indeed...

______

But I found this official website of the Portuguese Ministry of Justice, updated in 2020:

https://www.irn.mj.pt/IRN/sections/irn/ … isicao-da/

A nacionalidade pode ser readquirida nos seguintes casos:

A mulher que perdeu a nacionalidade portuguesa por ter adquirido uma nacionalidade estrangeira, com fundamento no casamento com estrangeiro, nos termos da Lei nº 2098, de 29 de julho de 1959, e legislação precedente, pode readquirir a nacionalidade portuguesa mediante declaração – artigo 30º da Lei da Nacionalidade e artigo 65º do Regulamento da Nacionalidade.

Aquele que, tendo tido a nacionalidade portuguesa, a perdeu por ter adquirido voluntariamente uma nacionalidade estrangeira, nos termos da Lei nº 2098, de 29 de julho de 1959, e legislação precedente, adquire a nacionalidade portuguesa mediante declaração, quando tenha sido lavrado o registo definitivo da perda da nacionalidade - n.º 1 al. b) artigo do 31º da Lei da Nacionalidade e artigo 67º do Regulamento da Nacionalidade.

kagoxo6303

@JohnnyPT I appreciate the help, all the best.

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