Portuguese Citizenship by Birth in Portugal
At a glance
Portuguese nationality law includes several birth-in-Portugal rules. A person born in Portugal may already be Portuguese, or may be able to confirm Portuguese nationality, if a parent was Portuguese, a parent met the Portuguese residence rule, a parent was also born and resident in Portugal, or the person would otherwise have been stateless.
- Type
- Citizenship by birth
- Who it covers
- People born in Portugal with a qualifying parent, residence, or statelessness fact
- Core records
- Portuguese birth record and parent nationality or residence evidence
- What to know
- The exact rule depends on birth date and parent facts
- What it gives
- A successful origin case records the person as Portuguese from birth.
- Main limit
- Portugal does not have an unconditional citizenship-by-birth rule.
Summary
Birth in Portugal does not always make a person Portuguese. The current law has several different birth-based rules, and the facts at the date of birth matter.
A person is Portuguese from birth if, for example, a parent was Portuguese; a foreign parent was also born and resident in Portugal when the child was born; a foreign parent had already been legally resident for at least five years and the required declaration is made; or the child would otherwise be stateless. A separate naturalization rule may help some foreign minors born in Portugal.
Eligibility
The main current categories are:
- a child born in Portugal to a Portuguese mother or father;
- a child born in Portugal to foreign parents where one parent was also born in Portugal and was resident there, with or without a title, at the child's birth;
- a child born in Portugal to foreign parents, neither serving their foreign state, where one parent had at least five years of legal residence at the birth and a declaration is made; or
- a child born in Portugal who has no other nationality.
Separately, a foreign minor born in Portugal may naturalize if a parent has at least five years of legal residence at the time of application, the child attends compulsory school when applicable, and the age-appropriate democratic, record, security, and sanctions requirements are met.
What This Route Allows
A successful origin case records the person as Portuguese from birth. A successful minor-naturalization case grants nationality from the acquisition process. Either result also gives EU citizenship and EU free-movement rights.
What This Route Is Not
Portugal does not have an unconditional citizenship-by-birth rule. A Portuguese birthplace alone is insufficient unless one of the statutory parent, residence, or statelessness rules applies. Historic cases may be governed by the law in force at the relevant time.
Next Steps
- Obtain the Portuguese birth certificate.
- Identify the rule that could apply and the legally relevant date.
- Collect the parent's Portuguese nationality, Portuguese birth, or legal-residence evidence, or proof of statelessness.
- For a minor-naturalization case, collect school-enrollment evidence and the parent's current residence history.
- Confirm with a Portuguese registry whether the case requires only civil registration, a declaration, or a naturalization application.