If you’re an immigrant who had a baby in Portugal, a common question has been circulating among many families:
With the approval of the new Nationality Law in Parliament — although it’s not yet in effect — is it no longer possible to apply for Portuguese nationality through a baby born in Portugal?
For now, the rule that allows parents who have lived in Portugal for at least five years to apply for nationality through their Portuguese-born child still applies. But once the new law is officially published, this route may change — and it’s creating a lot of uncertainty for families who meet the current conditions.
"The question is pertinent and the answer, unfortunately, is yes. The Portuguese Parliament approved, at the end of October, an amendment to the Nationality Law that completely modifies article 6, paragraph 8, eliminating the possibility for the parents of Portuguese citizens by birth to apply for nationality through their child."
According to the current wording of the law, which is still in force until presidential approval and publication in the Official Gazette (DRE), Article 6, No. 8 allows the Government to grant nationality to the parents of Portuguese citizens who have resided in Portugal for at least five years, regardless of their residency permit.
This device has become an important instrument for family integration, benefiting parents who live with their Portuguese children, even if they are still in the process of regularization. However, the text now approved by Parliament completely alters the content of the article.
The new wording no longer mentions "parents" and now provides for the granting of nationality to descendants in the 3rd degree of direct line of original Portuguese citizens (grandchildren and great-grandchildren).
In other words, the article was not revoked, but its wording was completely replaced, eliminating the specific right of parents to claim nationality based on their parentage with a Portuguese child.
In practice, parents can no longer apply for nationality through their child, but they can still obtain a residence permit as family members of a Portuguese citizen. Based on this legal residence, they may later apply for nationality through naturalization, provided they meet the residency requirements stipulated by law: seven years for citizens of Portuguese-speaking countries and ten years for others.
Another relevant change approved in the same legislation concerns children born in Portugal. The new text of Article 1, paragraph 1, subparagraph f, stipulates that only those born in Portuguese territory whose parents have legally resided in the country for at least five years will be considered Portuguese by origin . Previously, it was sufficient for one of the parents to have a valid residence permit or to have resided in Portugal for one year, even without legal title.
These changes, which are still awaiting enactment and official publication, represent a significant shift in Portuguese nationality policy, reinforcing the requirement for legal and permanent residency, and limiting automatic ties between Portuguese parents and children.