17/02/2012 - 16:15
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Short Answer |
No, there isn't authomatic citizenship acquisition by birth for migrant children born in Portugal. Portuguese nationality can be acquired by third generation immigrants if they have a parent born in Portugal and by second generation immigrants if the parent has his or her legal residence in and has been settled in Portugal for at least five years. |
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Qualitative Info |
The Nationality Law 2/2006 of 17th April - regulated through Decree-law 237-A/2006, 14th December - made significant amendments to the previous nationality law (Law 37/81 of 3 October 1981) in terms of acquisition of Portuguese nationality. Among them there was a reinforcement of the “ius soli” principle facilitating the access of immigrants’ children born in Portugal to Portuguese citizenship.
According to the new law, Portuguese citizenship can be accessed by way of nationality of origin or by way of acquisition (by the effect of will, by adoption or by naturalisation). Portuguese nationality is granted to the descendents of immigrants already born in Portugal, if at least one of the parents was born in Portugal and lived in the country, independently of the legal document held at the time the child was born; descendents of foreign citizens born in Portugal, providing the parents are not serving their country of origin, declare the intent to obtain Portuguese nationality and at the moment of birth at least one of the parents has been legally living in Portugal for at least five years. A subjective right to naturalisation was also consecrated in the new law to minors descendent of foreign citizens but born in Portugal, if at the moment of applying for nationality one of their parents had resided legally in Portugal for five years (independent of the residence title they held) or if the minor had concluded the first cycle of basic education in Portugal.
Source
Malheiros, M. and Rosado, A. (2006), "European Anti-discrimination Law Review", N. 4 - 2006 European Network of Legal Experts in the Non-discrimination Field, http://www.non-discrimination.net/content/media/LR-4-PT-2.pdf, Date of access: 17.02.2012.
Malheiros, M. and Rosado, A. (2010), Report on Measures to Combat Discrimination: Directives 2000/43/EC and 2000/78/EC - Country Report 2009 - Portugal, European Network of Legal Experts in the Non-discrimination Field, http://www.non-discrimination.net/content/media/2009-PT-Country%20Report%20LN_final.pdf, Date of access: 17.02.2012.
Nationality Law n. 2/2006 of 17th April, http://www.nacionalidade.sef.pt/docs/LO_2_2006.pdf, Date of access: 20.02.2012.
Decree-law n.º 237-A/2006, 14th December, http://www.nacionalidade.sef.pt/docs/DL237A_2006.pdf, Date of access: 20.02.2012.
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Groups affected/interested |
Migrants
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Type (R/D) |
Anti-migrant/xenophobia
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Key socio-economic / Institutional Areas |
Policing - law enforcement,
Political participation,
Integration - social cohesion
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External Url |
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Situation(s) |
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Library |
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