Definitive text of the new amendments to the Portuguese Nationality Law, Law no. 37/81

Definitive Integrity of the new amendments to the Portuguese Nationality Law, from the Consolidation of the Bills presented, approved by the Portuguese Parliament on 20/04/2018, pending promulgation by the President of the Republic:

Article 1
Object
This law makes the 9th amendment to the Nationality Law, approved by Law no. 37/81, of October 3, amended by Law no. 25/94, of August 19, by Decree-Law no. 322-A/2001, of December 14, and by Organic Laws no. 1/2004, of January 15, no. 2/2006, of April 17, no. 8/2015, of June 22 and no. 9/2015, of June 22.º 1/2004, of January 15, n.º 2/2006, of April 17, n.º 1/2013, of July 29, n.º 8/2015, of June 22 and n.º 9/2015, of July 29, extending access to original nationality and naturalization to people born in Portuguese territory.
Article 2
Amendment to Law no. 37/81, of October 3rd
Articles 1, 5, 6, 9, 15 and 30 of Law no. 37/81, of October 3, as amended by Law no. 25/94, of August 19, by Decree-Law no. 322-A/2001, of December 14, and by Organic Law no.º 1/2004, of January 15, n.º 2/2006, of April 17, n.º 1/2013, of July 29, n.º 8/2015, of June 22 and n.º 9/2015, of July 29, are amended as follows
"Article 1
(...)
1 - They are Portuguese by origin:
a) (...)
b) (...)
c) (...)
d) (...)
e) (...)
f) Individuals born in Portuguese territory, children of foreigners who are not in the service of the respective State, who do not declare that they do not want to be Portuguese, provided that, at the time of birth, one of the parents has been legally resident here for at least 2 years;
g) (...)
2 - (...)
3 - (...)
4 - Proof of legal residence as referred to in paragraph 1(f) shall be provided by
by showing the competent identification document of the father
or mother at the time of registration.
Article 5
Acquisition by adoption
Those adopted by Portuguese nationals acquire Portuguese nationality.
Article 6
(...)
1 - The Government grants Portuguese nationality by naturalization,
foreigners who cumulatively meet the following requirements:
a) (...)
b) Have been legally resident in Portuguese territory for at least five years
years;
c) (...)
d) They have not been convicted by a final and unappealable judgment,
with a prison sentence of more than 3 years;
e) (...)
2 - The Government grants nationality, by naturalization, to minors born in Portuguese territory, children of foreigners, provided that they meet the requirements of paragraphs c), d) and e) of the previous number and provided that, at the time of the application, one of the following conditions is met:
a) One of the parents has lived here, regardless of title, for at least the five years immediately preceding the application;
b) The minor here has completed at least one cycle of basic education or secondary education.
3 - (...)
4 - (Repealed.)
5 - The Government shall grant nationality by naturalization, with exemption from the requirement laid down in paragraph 1(b), to individuals who cumulatively meet the following requirements:
a) Were born in Portuguese territory;
b) They are the children of a foreigner who used to live here,
regardless of title, at the time of their birth;
c) Have resided here, regardless of title, for at least five years.
6 - (...)
7 - (...)
8 - The Government may grant nationality, by naturalization, with exemption from the requirement established in paragraph 1(b), to individuals who are ascendants of original Portuguese citizens, who have resided here, regardless of title, for at least 5 years immediately prior to the application and provided that the ancestry was established at the time of the birth of the Portuguese citizen.
9 - The knowledge of the Portuguese language referred to in paragraph 1(c) is presumed to exist for applicants who are nationals of Portuguese-speaking countries.
10 - Proof that there has been no final conviction of a prison sentence of three years or more, as referred to in paragraph 1(d), shall be provided by showing the criminal record certificates issued:
a) The competent Portuguese services;
b) By the competent services of the country of birth, the country of nationality and the countries where he/she resided, provided that he/she resided there after reaching the age of criminal responsibility.
Article 9
(...)
1 - The following are grounds for opposing the acquisition of Portuguese nationality by will:
a) (...)
b) A final and unappealable prison sentence of three years or more;
c) (...)
d) (...)
2 - Opposition to the acquisition of nationality on the basis of point a) of the previous paragraph does not apply to cases of acquisition of nationality in the event of marriage or de facto union when there are common children of the couple with Portuguese nationality;
3 - Proof of the absence of a conviction referred to in paragraph 1(b) shall be subject to the provisions of article 6(10).
Article 15
(Residence)
1 - (...)
2 - (...)
3 - For the purposes of counting periods of legal residence provided for in this law, the sum of all periods of legal residence in national territory, whether consecutive or interpolated, shall be considered, provided that they have elapsed within a maximum interval of 15 years.

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Article 29
Acquisition of nationality by adoptees
Those adopted by a Portuguese national before the entry into force of this law may acquire Portuguese nationality by means of a declaration.
Article 30
(...)
1 - A woman who, under the terms of Law no. 2098, of July 29, 1959, and previous legislation, has lost Portuguese nationality as a result of marriage, shall acquire it:
a) As long as the definitive registration of the loss of nationality has not been drawn up, unless they declare that they do not wish to acquire Portuguese nationality;
b) By declaration, when the definitive record of the loss of nationality has been drawn up.
2 - Without prejudice to the validity of legal relationships previously established on the basis of another nationality, the acquisition of Portuguese nationality under the terms of the previous paragraph shall take effect from the date of the marriage, regardless of the date on which the fact was entered in the national civil registry."
Article 3
Addition to Law no. 37/81, of October 3rd
Articles 12-A and 12-B are added to Chapter V of Law no. 37/81, of October 3, with the following wording:
"Article 12a
Nullity
1 - Any act that entails the attribution, acquisition or loss of Portuguese nationality on the basis of false documents or documents certifying untrue or non-existent facts, or false declarations, shall be null and void.
2 - The provisions of the previous paragraph shall not apply in cases where the declaration of nullity results in the interested party's statelessness.
Article 12b
Consolidation of nationality
1 - Bona fide ownership of original Portuguese nationality or nationality acquired during at least 10 years is grounds for consolidation of nationality, even if the act or fact resulting in its attribution or acquisition is contested.
2 - In cases where nationality is granted, the period referred to in the previous paragraph shall run from the date of birth registration, if the identification as a Portuguese citizen derives from the respective registration, or from the date of issue of the first identification document as a national citizen, if the identification as a Portuguese citizen derives from the document issued.
3 - In cases of acquisition of nationality, the time limit referred to in paragraph 1 shall run from:
a) The date of registration of nationality, in cases of acquisition by will, adoption or naturalization;
b) The date of the event on which the acquisition depends, in cases of acquisition by operation of law; or
c) From the date of issue of the first identification document, in other cases."
Article 4
Systematic amendment to Law no. 31/87, of October 3rd
Chapter IV of Law no. 31/87, of October 3, is renamed "Opposition to the acquisition of nationality by will."
Article 5
Regulations
The Government shall make the necessary amendments to the Portuguese Nationality Regulation, approved by Decree-Law no. 237-A/2006, of December 14, within 30 days of the publication of this law.
Article 6
Application to pending cases
1 - The provisions of article 12b of Law no. 37/81, of October 3, as amended by this law, shall apply to cases pending on the date of entry into force of this law.
2 - The provisions of article 30 and article 9(3) of Law no. 37/81, of October 3, as amended by this law, shall apply to cases pending on the date this law comes into force.
Article 7
Republishing
Law no. 37/81, of October 3, in its current wording, is republished in an annex to this law, of which it is an integral part.
Article 8
Entry into force
This law enters into force on the day following its publication.
São Bento Palace, April 18, 2018,

The President of the Commission
(Bacelar de Vasconcelos)

Dr. Aldo Andrade

Dr. Aldo Andrade, Lawyer and Genealogical Researcher
Portuguese-Brazilian lawyer, registered with the Portuguese Bar Association, under No. 57.455P, and with the Brazilian Bar Association, Federal District Section, under No. 54.095, graduated from UniCEUB in 2014, with a postgraduate degree in Registries and Notaries from ISCET, with expertise in Portuguese Nationality Law. Genealogical researcher, specializing in locating records of Portuguese ancestors. Works in the areas of Portuguese Nationality Law, Foreigners' Law and Family Law. Fluent in English.