Portuguese Citizenship By Birth: Everything You Need to Know

In Portugal, citizenship by birth is possible, and there are several different circumstances in which a child may be granted foreign citizenship. A child will be granted Portuguese citizenship if born in Portugal to foreign parents who meet certain residency requirements, or if at least one parent is a Portuguese citizen, regardless of where the child is born. Children born in Portugal can also automatically acquire citizenship if they would otherwise be stateless.

In this article, we’ll examine Portuguese citizenship by birth and the processes that must be followed by citizens, residents, and foreigners alike to be granted Portuguese citizenship. You’ll also learn more about:

• Children born in Portugal to foreign parents
• Children born abroad to Portuguese parents
• How to apply for Portuguese citizenship by birth

What is Portuguese citizenship by birth?

Portugal citizenship by birth is based on jus sanguinis, which means citizenship by descent, and means that a person acquires Portuguese citizenship if at least one parent is a Portuguese citizen. Additionally, jus soli, which means citizenship by place of birth, applies with specific conditions. A child born in Portugal to foreign parents can obtain Portuguese citizenship if at least one parent has resided in Portugal legally for at least one year.

In this guide, you will discover a more detailed breakdown of how citizenship by descent (Jus Sanguinis) and citizenship by birth (Jus Soli) work in Portugal. This includes the new law, effective 11 November 2020, reducing the residency requirement for foreign residents from two years to one year and other considerations regarding children born stateless and adopted children.

Does Portugal grant citizenship by birth?

Yes, children born in Portugal can get citizenship by birth if at least one parent is Portuguese, a Portuguese mother or father, or if they legally reside in Portugal for a specified time.

Additionally, Portugal introduced a revised birthright citizenship law in November 2020 known as the “New Jus Soli,” which extends citizenship at birth to children born in Portugal to foreign parents if at least one non-Portuguese parent is a resident of the country or has been a resident for at least a year.

All children born in Portugal must be registered, as it is mandatory, even if the parents are not Portuguese citizens or Portuguese passport holders. There is a distinct difference between registering a birth and the granting of citizenship.

Who can apply for Portuguese citizenship by birth?

When both parents are Portuguese Citizens

If both or at least one parent is Portuguese, things will be easier. When having their birth registered, the child will be entitled to Portuguese citizenship based on the parents’ lineage, place of birth, and nationality status. When both parents are foreigners, acquiring Portuguese citizenship by birth can be challenging.

Children born in Portugal to foreign parents

In the scenario where both parents are foreigners in Portugal and have lived in the country for less than five years, the child will be granted the citizenship of either or both foreign parents.

The child born in Portugal to foreign parents must still be registered in Portugal, and the mother or father must provide documents that prove their place of birth and their legal residence status. However, the child of foreign parents can apply for Portuguese nationality if:

• The mother or father has resided in Portugal for the last 5 years (with or without a residence permit) or
• The mother or father is legally resident in Portugal or
• The minor has attended at least one year of pre-school, primary, secondary, or vocational education in Portugal.

Children born abroad to Portuguese parents

It is easier to get Portuguese citizenship when born abroad if at least one of the parents has Portuguese nationality. However, no matter where the child is born, the parents still need to register the birth. 

This can be done online if the birth took place in the European Union (EU) or in a country outside the EU whose official language is Portuguese, including Macau. However, the online process can only be done if the child is less than a year old. Otherwise, the parents must register the birth at the Portuguese Consulate in the country where they live.

Children born to Portuguese parents outside the EU and Portuguese territory who are 18 and over

Children born to Portuguese parents outside the EU and Portuguese territory who are 18 and over may apply for Portuguese citizenship by birth. These individuals, though foreign residents of another country, are still eligible to reconnect with the Portuguese community through a citizenship application process handled by Portuguese authorities.

For the citizenship application, applicants must visit the nearest Portuguese Consulate and present all the documents required. This includes a certified copy of the long form of their birth certificate, legalized by an Apostille or the Portuguese Consulate. They must also provide identification documents with a photo and signature, such as passports or ID cards, and a marriage certificate if applicable.

Regarding the Portuguese parent(s), the parents identification documents must be provided and their marriage must be endorsed on the applicant’s birth certificate. If the parents were married abroad and the marriage was not registered in Portugal, the Consulate must complete the registration before citizenship for children born abroad may be granted.

If the parents were unmarried at the time of the applicant’s birth, a statement confirming paternity while the applicant was still a minor must be signed. For children born abroad, the birth certificates of both parents must also be submitted for citizenship.

How to Register a Birth in Portugal

If the child meets (or will meet in the future) the requirements for citizenship, the birth registration is the first step in Portuguese citizenship by birth.

Assuming the child is born in Portugal, the birth can be registered online by either parent, if the parents are married. In the case where they aren’t married, both parents must register the birth.

You’ll need a Digital Mobile Key or a Citizen Card for online registrations, so if you don’t have that (in the case of many foreigners), the birth must be registered in person.

This can be done at:

• Any Nascer Cidadão (Newborn Citizen) counter located in a maternity clinic or hospital
• Any civil registry office
• At the consular post for your place of residence, if you live abroad

Required documents

To register a birth online or in person, you must:

• Provide proof of birth in the form of a document issued by the hospital where the child was born
• State the full names of the parents and grandparents
• Indicate the details of the birth and the child, such as the name, which must adhere to certain rules (no more than two given names and four surnames)
• Specify the maternity clinic or hospital where the child was born
• If you are applying for online registration and want to apply for the Citizen’s Card, choose the “yes” option, attach a photo of the baby and proof of birth
• Provide certain details relating to the birth and the household as required by Statistics Portugal (for births in Portugal).

Citizen Cards for Portuguese Nationals

By law, all Portuguese citizens, whether in the country or abroad, must have a Citizen Card. It is compulsory from the 20th day after birth. If the child has Portugal citizenship, you can apply for a Citizen Card when registering the birth and its free of charge.

This is a crucial step in Portuguese citizenship, as the issuing of a Citizen Card assigns a Civil Identification Number to the child, in addition to:

• Tax Identification Number (NIF)
• Social Security Identification Number (NISS)
• National health service user number (Utente)

Portugal Citizenship by Birth: How to Apply for Portuguese Citizenship By Birth

If the child meets the requirements of being under the age of 18, was born in Portugal, is the child of foreigners and the mother or father has resided (or are residents) in Portugal for the last 5 years, an application for Portuguese citizenship by birth can be made. Note that the process and requirements are different from Portugal citizenship by descent.

If you have a representative or a Portugal immigration lawyer, the application can be done online. If you don’t, there are several places where you can do this yourself, including:

• The Civil Registry Conservatory
• At certain Nationality Counters, such as the one at the Central Archive in Porto
• Central Registry Conservatory in Lisbon
• National Support Center for Migrant Integration in Lisbon and Porto

There are several documents that you’ll need for the Portuguese citizenship by birth application. These include a birth certificate and a clean criminal record if the applicant is 17 years or younger.

The most crucial document needed is a letter addressed to the Minister of Justice, written in Portuguese, stating:

• The reason for the Portuguese Citizenship by Birth application
• Your full name, date of birth and gender
• Your nationality
• Your parents’ names
• Your profession
• Your address
• the country(s) where you have lived after the age of 16
• the number, date, and entity that issued your title or residence permit, passport, or equivalent identification document.

Citizenship for Children of Portuguese Golden Visa Holders

After five years of being a legal resident, the Portugal Golden Visa holder can apply for Portuguese citizenship. This entitlement is extended to children and follows the same process of providing proof of a Portuguese connection and a birth certificate when applying for citizenship.

Portuguese Dual Citizenship

Portugal does allow dual citizenship. While the country does not have specific dual nationality agreements, the Portuguese government, in line with Portuguese nationality law, does allow second citizenship with several countries and will not require you to give up your original citizenship to become a Portuguese citizen and, simultaneously, an EU citizen. You can discover more in our Portugal Dual Citizenship guide.

Individuals can maintain ties with their home country, but it is important to note that to gain dual citizenship in Portugal, you must meet certain criteria. These can include living in the country for at least five years as a legal resident (naturalization route), or having Portuguese ancestry (citizenship by descent).

Alternatively, you must have been married, have a valid marriage certificate, or have been in a de facto (non-marital) partnership with a Portuguese national for over three years to meet this residency requirement.

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Frequently Asked Questions about Portuguese Citizenship by Birth

Who is eligible for Portuguese citizenship by birth?

A person born in Portugal may be eligible if:

• At least one parent has lived legally in Portugal for at least one year before the birth.
• The child would otherwise be stateless if not granted Portuguese nationality.
• The parents have been residents for a specific number of years under certain legal conditions, subject to Portugal’s evolving citizenship laws​.

Are babies born in Portugal automatically citizens?

Citizenship is not granted automatically by birth. In Portugal, citizenship by birth is granted under specific conditions. A child born in Portugal can automatically become a citizen if at least one parent is a Portuguese citizen. A child born in Portugal to foreign parents can also acquire citizenship if at least one parent has been a resident of Portugal for at least a year before the child’s birth. This is distinct from “birthright citizenship” in countries like the US, where birth location is sufficient.

Can children of foreign parents obtain Portuguese citizenship?

Yes, if the parents have resided legally in Portugal for at least one year or the child is born in Portugal to parents who fulfill certain residency or legal criteria​.

What is the application process for citizenship by birth in Portugal?

The process requires proof of the parent’s residency in Portugal, the child’s birth certificate, and supporting legal documents showing compliance with residency requirements​. Applications are typically filed through Portuguese civil registries.

Is dual citizenship allowed in Portugal?

Yes, Portugal allows dual citizenship. This means children who acquire Portuguese citizenship by birth may retain their original nationality, depending on their home country’s laws​​.

Does Portuguese citizenship by birth extend to direct descendants?

Descendants may claim Portuguese citizenship later through the principle of “jus sanguinis” (citizenship by descent), depending on their parents’ or grandparents’ status and whether they maintain a cultural or residential connection to Portugal​.

Does Portugal allow retroactive citizenship for those born in the country?

Yes, Portugal allows retroactive citizenship for individuals born in the country under certain conditions.

If a child is born in Portugal to parents who were not legal residents at the time, they do not automatically receive Portuguese citizenship.

However, retroactive citizenship can be claimed if the child resides in Portugal for a defined period (usually five years) and fulfills other legal requirements.

Are there any exceptions to Portuguese citizenship by birth rules?

Yes, there are exceptions to Portuguese citizenship by birth rules. According to Portuguese nationality law updates, a child born to non-resident foreign parents can later acquire Portuguese citizenship if they reside in Portugal and meet specific residency requirements.

How does Portuguese law differ from other countries regarding citizenship by birth?

Portuguese citizenship law differs from many other countries’ laws regarding citizenship by birth.

Portugal’s approach combines traditional European reliance on jus sanguinis with an adaptable jus soli policy that emphasizes residency and integration.

This blend aims to maintain cultural and social cohesion while providing accessible pathways to citizenship for residents and their descendants.

Does Portugal have birthright citizenship?

Yes, but it is different from birthright citizenship in other countries. Jus soli (birthright citizenship Portugal) is not automatically granted if neither parent is legally residing in Portugal at the time of the child’s birth. However, if a child is born in Portugal to foreign parents, the child can later acquire Portuguese citizenship if they reside in Portugal and meet specific residency requirements.

Do parents get citizenship through birth of their child in Portugal?

No, citizenship is not granted automatically by birth alone. Parents must fulfill residency requirements in the country to be eligible for citizenship in Portugal.

How long do parents need to live in Portugal for their child to get citizenship by birth?

Parents need to have resided legally in Portugal for at least one year on a residence permit in order for their children born in Portugal to be Portuguese citizens.

What documents are needed to apply for citizenship of a child born in Portugal?

To apply for Portuguese citizenship for children born in Portugal, you will need to provide proof of the parent’s residency in Portugal, the child’s birth certificate, and supporting legal documents showing compliance with residency requirements.

What is the difference between citizenship by birth and by descent in Portugal?

Citizenship by birth applies to anyone born in the country to parents who are Portuguese citizens or are foreign nationals legally residing in the country, while citizenship by descent is granted to anyone born outside Portugal to a Portuguese parent or with a Portuguese grandparent who retained their citizenship.

What are the benefits of obtaining Portuguese citizenship by birth?

The benefits of obtaining Portuguese citizenship at birth include visa-free travel within the European Union, access to high-quality healthcare, quality educational opportunities, and an overall high quality of life.

Can I get citizenship if my baby was born in Portugal?

No, you can’t get Portuguese citizenship if your baby was born in Portugal. You can only apply for citizenship and a Portuguese passport after living legally in Portugal for five years, which is only issued to Portuguese citizens.

How do I apply for Portuguese citizenship by birth from abroad?

Applications for Portuguese nationality or citizenship by birth for children of Portuguese citizens must be submitted to the nearest Portuguese Consulate in the country where they are living.

Can someone born in Portugal before a certain year claim citizenship automatically?

Yes, persons born in Portuguese territory before 3 October 1981 automatically received citizenship at birth regardless of their parents’ nationalities.