The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. The latest amendment to the nationally law came into force on 19 May 2026 . Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.
All persons born in Portugal before 3 October 1981 are automatically citizens by birth regardless of the nationalities of their parents. Individuals born in the country since that date receive Portuguese citizenship at birth if at least one of their parents is a Portuguese citizen or has legally resided in Portuguese territory for a minimum legal period of five years. Children born abroad to at least one Portuguese parent can acquire Portuguese citizenship, if they have their birth registered in the Portuguese civil registry through any Portuguese Embassy/Consulate. As of 19 May 2026 foreign nationals may become citizens by naturalisation after living in Portugal legally for a minimum of 10 years, showing proficiency in the Portuguese language, undergoing a civic knowledge test and have not been convicted and sentenced to more than three years imprisonment for certain crimes. Due to Portugal's historical status as a colonial empire, citizens of a former colony may acquire Portuguese citizenship after residing legally in Portugal for a minimum of 7 years, this applies to individuals from CPLP countries. Individuals from other EU countries can also apply for Portuguese nationality if they have resided legally in Portugal for a minimum of 7 years.
Terminology The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a country and is the common term used in international treaties when referring to members of a state; citizenship refers to the set of rights and duties a person has in that nation. In the Portuguese context, the two terms are normally used interchangeably. However, it can be possible for a non-national to obtain a degree of civil and political rights commonly associated with citizenship (e.g. voting rights), particularly individuals from Lusophone countries.
History 1603 Ordination The first legal arrangements for Portuguese citizenship were created through the 1603 Ordination of King Philip II of Portugal (the Ordenações Filipinas). It regulated the acquisition of citizenship at birth through a mixed system of jus soli and jus sanguinis. Citizenship was acquired by children born in Portugal in wedlock to Portuguese fathers or out of wedlock to Portuguese mothers. Children born outside Portuguese territory did not receive citizenship unless their in-wedlock father or out-of-wedlock mother was in royal service abroad. Children born in Portugal to a non-Portuguese father in-wedlock or out-of-wedlock non-Portuguese mother only acquired citizenship if that parent had been living in Portugal for at least ten years and owned property there.
1822 constitution The Portuguese Constitution of 1822 both expanded and contracted transmission of citizenship by eliminating the parental property ownership requirement for jus soli birth to a non-Portuguese parent but by also requiring that the child continue to live in Portugal and declare the option for Portuguese nationality upon adulthood. It also expanded citizenship by descent to all children born outside Portugal to an in-wedlock Portuguese father or out-of-wedlock Portuguese mother, with the condition that the child take up residence in Portugal if the parent was not in royal service. Loss could occur with naturalisation in another country or the acceptance of foreign government employment, honors, or pension without Portuguese government permission. Discretionary naturalisation could be granted to persons who were living in Portugal while married to a Portuguese woman; acquired a trading, farming, or industrial establishment in Portugal; or performed certain services to the country.
1826 constitutional charter The Constitutional Charter of 1826, in effect during bouts of infighting and warring between 1826 and 1828, 1834 and 1836, and then finally between its 1842 restoration and the 1910 end of the monarchy and the founding of the Republic of Portugal, expanded jus soli to all non-enslaved persons born in Portuguese territory, as inspired by the 1824 Imperial Constitution of Brazil. Citizenship by descent continued to be limited to those children born outside Portugal whose in-wedlock fathers or out-of-wedlock mothers lived in Portugal, except where that parent was abroad in royal service. Loss of citizenship could occur with foreign naturalisation, certain criminal convictions, or acceptance of foreign government honors or rewards without Portuguese permission. It left to regular law the specifications for naturalisation, which in 1836 were detailed as being an adult, being financially self-sufficient, and having two years of residence in Portugal (except for a person of Portuguese origin, having a Portuguese wife, or having accomplished certain actions).
1867 civil code The 1867/1868 Civil Code provisions provided the details for the 1826 charter's broad language, including the ability for a child to opt out by declaration from the automatic jus soli citizenship for persons born in Portugal to a foreign father or out-of-wedlock mother. (If the declaration was made on behalf of the child, the child could withdraw the declaration upon adulthood.) The 1867 civil code additions also softened the jus sanguinis requirements of the 1826 charter by allowing for jus sanguinis by declaration of desire for Portuguese nationality as an alternative to actual residence in Portugal. Naturalisation was extended automatically to a foreign woman who married a Portuguese man. The 1867 code also updated the 1836 wording on naturalisation conditions, to make it available to a person who was an adult, was financially self-sufficient, did not have a criminal record, had performed all military duties in the country of origin, and had three years of residence in Portugal (except for a person of Portuguese origin, having a Portuguese wife, or having accomplished certain actions).
Loss occurred with naturalisation in another country (but only for the individual concerned, not a wife or child unless they declared otherwise); accepting without permission a foreign government's public office, pension, or honors; expulsion by judicial decision; and marriage by a Portuguese woman to a foreign man if the woman acquired her husband's citizenship by marriage. Each was subject to different conditions on whether and how Portuguese citizenship could be reacquired at a later point.
Law 2098 of 29 July 1959 Under the 1959 act, Portuguese citizenship was acquired automatically by persons born in Portuguese territory as long as the father was not foreign and in foreign government service, or, if the father was stateless, unknown, of unknown citizenship, as long as the mother was not foreign and in foreign government service.
Citizenship by descent was only automatic for a child born abroad to a Portuguese father or a Portuguese mother who was abroad for Portuguese government service. Otherwise it required either declaration of option for Portuguese nationality, registration in the Portuguese Register of Births, or residence in Portuguese territory with declaration. The government maintained the right to oppose this grant. A foreign woman who married a Portuguese man would automatically acquire Portuguese nationality unless she declared otherwise and proved that her own country's legislation would not remove her citizenship.
Discretionary naturalisation was largely the same as in the 1867 civil code as amended by a 1910 decree. Residency and language requirements were absolutely waived for descendants of Portuguese citizens, and the requirements could also be waived for foreign men who married Portuguese women or those who had performed notable service to Portugal. Naturalisation could also be granted by the government to foreigners from communities with Portuguese ancestors.
Loss could occur by voluntary acquisition of foreign citizenship (if not voluntary, loss could be pursued by the Portuguese government if it wished), performing public office or military service in a foreign country of which that person was not also a citizen, marriage by a Portuguese woman to a foreign man if she automatically obtained the husband's citizenship and did not declare her wish to the contrary or prevent acquisition, and renunciation. The Portuguese government cabinet also empowered the government to decree loss of citizenship for a person with dual citizenship who behaved only like a foreigner, who was convicted of a crime against Portugal's external security, or illicitly acted with a foreign country against Portugal's interests. The law again offered a variety of means to reacquire citizenship after loss.
Territorial changes Portugal enacted Decree-Law 308-A/75 of 24 June 1974 to address the issue of losing or retaining Portuguese citizenship by those who had been born or were living in the Portuguese overseas territories which had gained independence. It was assumed that these persons would acquire the citizenship of the new state. The decree-law thus merely stipulated that Portuguese citizenship would be retained by those persons who had not been born overseas but were living there. In addition were those who, despite having been born in the territory of the colonies, had maintained a special connection with mainland Portugal by having been long-term residents there. All those not covered by one of the situations which enabled them to keep Portuguese citizenship would lose it ex lege.
Decree-Law 308/75 of 24 June 1975 was a response to the loss of Portuguese citizenship by many people born in former territories of Portugal in Africa and elsewhere that had acquired independence. It maintained Portuguese citizenship for persons who had not been born in those territories but were now living there, and those who maintained a connection with Portugal itself by long-term residence. The legislation was the source of confusion and object of criticism, for, among other reasons, its inherent removal of citizenship from some persons and its path to statelessness for others.
Special rules exist concerning the acquisition of Portuguese citizenship through connections with Angola, Brazil, Cape Verde, Goa, Guinea Bissau, Mozambique, Macau and São Tomé and Príncipe.
India Portuguese India was taken by force with two military offensives in 1954 and 1961. Although most residents of these territories were given a choice between acquiring Indian citizenship and retaining their previous nationalities, those from Dadra and Nagar Haveli were not. In Goa, Daman and Diu, residents automatically became Indian citizens on 20 December 1961 unless they had made a written declaration before this date stating their intention to retain their existing nationality. Portugal did not recognise the annexation of its former Indian territories; persons born in Goa before 19 December 1961 were recognized as Portuguese citizens.
East Timor East Timor was a territory of Portugal (Portuguese Timor) until its invasion by Indonesia in 1975, followed by annexation in 1976. Indonesian citizenship was conferred by Indonesia; however, while the Indonesian annexation was recognised by Australia and some other countries, Portugal did not recognise Indonesian sovereignty over East Timor. As a result, Decree-Law 308-A/75 of 24 June 1974 was not enforced to revoke the Timorese of their Portuguese nationality.