Decreto-Lei n.º 71/2017

Publicação: Diário da República n.º 118/2017, Série I de 2017-06-21
  • Emissor:Justiça
  • Tipo de Diploma:Decreto-Lei
  • Número:71/2017
  • Páginas:3120 - 3125
Versão pdf: Descarregar

Summary in plain english (Without legal value)

What is it?

This decree-law changes the Portuguese Nationality Regulation, which regulates in detail the attribution of Portuguese nationality. By amending the regulation, this decree-law allows two amendments to the Nationality Law to come into force.

What will change?

1. This decree-law defines how the Central Registry Office obtains information on whether those interested in acquiring Portuguese nationality are a danger or threat to national security or defense, or have engaged in activities related to terrorism. This information is transmitted to the Central Registry Office electronically by the Criminal Investigation Police or the Immigration and Borders Service.

2. It also defines the situations in which the Central Registry Office automatically recognizes effective ties to the national community of those interested in acquiring Portuguese nationality, without government intervention.

Applicants who are grandchildren of Portuguese nationals

The Central Registry Office can automatically recognize the existence of effective ties to the Portuguese community if the person born abroad and grandchild of a Portuguese national fulfills one of these conditions:

  • has been living legally in Portugal for three years or more, is registered with the Tax Authority and the national health service or the regional health services, and prove that he or she is studying in Portugal or knows the Portuguese language
  • has been living legally in Portugal for five years or more and is registered with the Tax Authority and the national health service or the regional health services.

When it is not possible to automatically recognize the existence of effective ties to the Portuguese community, the Central Registry Office forwards the case to the justice minister, who decides whether these ties exist.

Applicants who are underage or incapable (persons who can not exercise their rights without a representative)

Effective ties to the national community are automatically recognized if applicants under the age of 18 or incapable meet all these conditions:

  • have been living legally in Portugal for five years or more
  • are registered with the Tax Authority
  • are registered with the national health service or the regional health services
  • prove that they are studying in Portugal if they are under 18 years of age.

Applicants who are over 18

Effective ties to the national community are automatically recognized if applicants who are over 18 meet one of these conditions:

  • are born in and are citizens of countries that have Portuguese as their official language and have been married or living as a non-married partner with a person born in Portugal for five years or more
  • are born in and are citizens of countries that have Portuguese as their official language and have children born in Portugal from the marriage or partnership that allows them to apply for Portuguese nationality
  • are sufficiently familiar with the Portuguese language and have been married or living as a non-married partner with a person born in Portugal for five years or more
  • have lived legally in Portugal for three years or more, are registered with the Tax Authority and the national health service or regional health services, and are studying in Portugal
  • have lived legally in Portugal for three years or more, are registered with the Tax Authority and the national health service or regional health services, and can prove their knowledge of the Portuguese language
  • have lived legally in Portugal for five years or more and are registered with the Tax Authority and the national health service or regional health services.

3. Applicants no longer need to prove their knowledge of the Portuguese language, as long as they were born in and are citizens of countries that have had Portuguese as an official language for 10 years or more and have lived in Portugal for five years or more.

4. Applicants no longer need to present a criminal record certificate from their countries of birth or nationality if they have not lived in those countries after the age of 16.

5. The notifications from the Central Registry Office are sent to the address indicated by the applicant and come into effect three working days after being sent, even if the mail is returned.

What are its benefits?

This decree-law is intended to regulate the Nationality Law, allowing it to come into force.

It is also intended to speed up the attribution of Portuguese nationality by:

  • defining the situations in which effective connection to the Portuguese community and knowledge of the Portuguese language may be assumed
  • dispensing with Government intervention
  • reducing the number of pending nationality-related cases in court.

When does it come into effect?

This decree-law comes into effect the first working day of the month after being published.

This text is intended to present the content of the legal act in accessible, plain and understandable language for citizens. The summary of the legal act in plain language has no legal value and does not replace the consultation of the legal act in the Diário da República.