on February 9, 2021

The 3 main requirements for applying for Portuguese nationality for grandchildren

on February 9, 2021

Os 3 principais requisitos para o pedido da nacionalidade portuguesa para netos

The process of nationality for Portuguese grandchildren it has been simplified, but it is still necessary to observe what the Law on Nationality says and meet the requirements it requires for the application to be presented to the Portuguese State. In this text, we summarize the three main points to be aware of when applying for nationality.

1. The grandson must be alive to apply

The first point to clarify is that the grandson of Portuguese must be alive to apply for nationality. That is, the request cannot be made by a third party on behalf of the grandson. It is also worth remembering that the Portuguese Nationality Law only allows one generation to skip in a straight line. Thus, it is possible for the grandson to ask without the son of Portuguese having asked first. In the case of Portuguese great-grandchildren, without the request of the grandson's son, the leap would be two generations. In these cases then, it is mandatory that the grandson asks first, to then move on to the great-grandson. And as stated before, the grandson must be alive to apply for nationality.

2. Prove the Portuguese nationality

The second key aspect is to present a document that proves the nationality of the Portuguese of origin. When expressing the desire to become Portuguese, the grandson must present the birth certificate of the Portuguese grandfather or grandmother, which in the case of Brazilians is the document equivalent to the birth certificate or the baptistery. If the grandson does not have one of these documents in hand, it is necessary to look for a duplicate in Portugal.

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3. Link with the Portuguese community

The third requirement to pay attention to is the proof of connection with the Portuguese national community. Target to change the Nationality Law in November 2020, this point remains, however, mandatory. According to the lawyer and partner at Martins Castro, Thiago Huver, "the Nationality Law still establishes that a bond of connection with the Portuguese community must be demonstrated." “Being a native of a country that has Portuguese as the official language and mastering the language is enough to fulfill the requirement”, explains the lawyer.

In addition to these three points, it is important to remember that a grandson who applies for Portuguese nationality cannot have been sentenced to a crime with a sentence of three years or more, in accordance with Portuguese law. In addition, it is worth noting that the nationality attribution process has costs. Thus, the applicant needs to pay the Registry's fees and fees, if he chooses to hire a lawyer.