When it comes to acquiring Portuguese nationality, there is often some confusion between the concepts of attribution and naturalisation.
While both result in the recognition of Portuguese nationality, the legal basis, eligibility requirements, and legal effects are distinct.
Attribution of nationality generally applies to individuals who have an original right to Portuguese nationality and are therefore considered Portuguese from birth. This applies, for instance, to children of Portuguese parents, grandchildren of Portuguese nationals who meet certain legal requirements, or individuals born in Portuguese territory under specific conditions provided for by law. It is important to highlight that nationality granted under these terms has a retroactive effect from the date of birth, meaning the person is regarded as a Portuguese national from birth, even if the recognition occurs at a later stage.
On the other hand, naturalisation is granted to foreign nationals who were not born with this right but who meet the legal requirements, such as having legal residence in Portugal for a minimum period, sufficient knowledge of the Portuguese language, and no relevant criminal convictions. In contrast to attribution, nationality by naturalisation does not have a retroactive effect, and is only considered acquired from the date of its official approval by administrative decision.
The distinction between these two regimes is particularly relevant, as it may have implications for the transmission of nationality to descendants. Indeed, those who acquire nationality by attribution may automatically pass it on to their children. In contrast, those who acquire it through naturalisation are generally not able to do so with children born before the acquisition.
Understanding the differences between these two paths to Portuguese nationality is essential for those seeking to secure their rights and those of their family.
Nationality Department
Ana Santos Fontes | Maria Moura Fonseca | Ana Luíza Fronczak
