Do I have the right to Portuguese nationality? - Attribution of Nationality by 1st Degree Ascendant - Law 37/81, art. 1, no. 1, al. c)

Do I have the right to Portuguese nationality? - Part I

Attribution of Nationality by 1st Degree Ascendant - Law 37/81, art. 1, no. 1, al. c)

I would like to warn you right away! If you are the grandson, great-grandson or great-great-grandson of a Portuguese citizen, you may be entitled to recognition of Portuguese nationality by the same procedure, depending on the case. We'll explain how later in this article.

There are several ways in which the Nationality Law provides for this, Law 37/81The most common and popular way for Brazilians to obtain Portuguese Nationality. In this article, we will deal with the most common and popular way for Brazilians to obtain Portuguese nationality, through their first-degree Portuguese ancestor. The other cases will be dealt with in other specific articles.

1. Children

Children of Portuguese origin born abroad have the right to Portuguese nationality.

Original Portuguese is Portuguese that:
a) Born in Portugal to a Portuguese father or mother;
b) Born in Portugal to a foreigner who was also born in Portugal and was living in Portugal at the time of birth;
c) Who obtained their original Portuguese nationality through an Attribution of Nationality process.

Children of non-originating Portuguese born abroad are entitled to Portuguese nationality by attribution as long as were born after the acquisition of Portuguese nationality by the Portuguese parent. There is also the possibility of the minor child already born at the time of the acquisition of the father's nationality acquiring Portuguese nationality through the acquisition of nationality.

Non-originating Portuguese are those who have acquired Portuguese nationality by acquisition, namely in one of the following ways:
a) For marriage;
b) By stable union;
c) By adoption;
d) By naturalization;
e) By the non-originating Portuguese parent, as a minor;
f) By a Portuguese grandparent under a previous rule.

2. Grandchildren

A grandchild of a Portuguese citizen can obtain Portuguese nationality through the same process if their father or mother, the child of a Portuguese citizen, has been granted Portuguese nationality through the Process for Attribution of Nationality.

3. Great-grandchildren

The same logic applies as in the previous item. The great-grandchild of a Portuguese national may be granted nationality if the child and grandchild of the Portuguese national are granted nationality.

4. Trinets

In the same way as in the previous cases, all the Portuguese descendants up to the great-great-grandchild must have been granted Portuguese nationality for the great-great-grandchild to be eligible: the great-grandparent, the grandparent, the parent.

Thus, all the Portuguese person's descendants in a straight line up to the person concerned, if they have not already been granted Portuguese nationality, must be alive to apply for it.

The processes tend to be carried out in most cases by a real "ladder".

Schedule a meeting to discuss your case

Our team is ready and willing to help and support you on your journey from here.

Schedule Your Appointment

Examples

Here are a few examples to illustrate this (Law 37/81, Art. 1(1)(c)):

• João is the great-grandson of a deceased Portuguese man, and his grandfather and mother, descendants of the Portuguese man, are still alive.
  • John can be granted nationality if his grandfather and mother were previously granted nationality.
• Paula is the great-great-granddaughter of a deceased Portuguese man, but her great-grandmother, grandfather and father, descendants of the Portuguese man, are still alive.
  • It is possible for Paula to be granted nationality if her great-grandmother, grandfather and father were previously granted nationality.
• Lucas is the great-great-grandson of a deceased Portuguese man, with his great-grandfather and grandfather deceased, and his father alive, all descendants of the Portuguese.
  • It is not possible to attribute nationality to Lucas and/or his father.
• Pedro is the great-grandson of a deceased Portuguese man, with a deceased grandfather and a living father, both descendants of the Portuguese man.
  • It is not possible to grant nationality by the procedure discussed in this article. It may be possible by a different procedure, which will be covered in another topic.

I would like to stress that this text only discusses the procedure for Attribution of Nationality by the 1st degree ascendant. There is the possibility of assigning nationality to a second-degree ascendant, but this is a more complex process that will be dealt with on another occasion, in a specific topic.

Legal costs

The fee for granting nationality to adults is 175€.

The procedures for granting nationality to minors are free of charge.

Deadline

The estimated deadline in June 2018 for the processes of granting nationality by 1st degree ascendant is 15 days to 1 month in certain registry offices in Portugal and 1 year and 6 months to 2 years at the Portuguese Embassy and Consulates in Brazil.

Contact

For more information and contracts, we are at your disposal to schedule an appointment (in person or remotely) by calling e-mail.

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.