The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
This week’s question came from a reader who asked the following: “My mother has Portuguese citizenship due to her time of residence. Can she transmit this nationality to her children and grandchildren of legal age?”
Lawyer André Lima responds
In Portugal, many people achieve nationality after years of legal residence in the country. A recurring doubt then arises: can someone who becomes Portuguese through residence time transmit this nationality to their children? This week’s question reflects exactly this situation.
The difference lies in the way nationality was obtained
When Portuguese nationality is acquired through time of residence, we are dealing with naturalization, not nationality of origin.
This distinction is essential, as only the nationality of origin is transmitted to descendants without other direct requirements.
Regarding nationality through naturalization, the law is more restrictive: it can only be passed on to children who are still minors at the time the parent acquires Portuguese nationality, that is, until they have reached the age of majority.
Minor children: yes, it is possible
Article 2 of the Nationality Law provides that minor or incapacitated children of those who acquire Portuguese nationality may also acquire it through a declaration.
Therefore, if the parent became Portuguese due to residence time and the child had not yet turned 18, that child can apply for Portuguese nationality, as long as they meet the legal requirements.
In summary, Portuguese nationality acquired through length of residence can only be transmitted to minor or incapacitated children.