1. Introduction: What Does it Mean to Be Born in Portugal as a Foreign National?
Children born in Portugal to foreign parents have unique legal standing. While birth in Portugal does not automatically confer Portuguese citizenship, the country offers pathways to citizenship and residency based on parental status and length of residence. Understanding these options can help parents navigate the requirements and secure the best legal status for their child.
2. Citizenship by Birth in Portugal: How it Works
Portugal does not automatically grant citizenship to every child born within its borders. The principle of jus soli (citizenship by birth) does not apply universally in Portugal; instead, the country follows jus sanguinis (citizenship by descent), granting citizenship primarily based on the parents’ nationality and residency status. However, there are exceptions that can lead to citizenship or residency.
3. Pathways to Portuguese Citizenship for Children Born to Foreign Parents
There are several scenarios where a child born in Portugal to foreign parents may qualify for citizenship:
A. Citizenship if One Parent Has Lived in Portugal for 1 Year
Under Portuguese law, children born in Portugal to foreign parents can be eligible for citizenship if at least one parent has legally resided in Portugal for one year or more before the child’s birth. This option offers an accessible pathway for many foreign parents who are already residing in Portugal.
B. Citizenship by Acquisition After Five Years of Residency
If a child is born in Portugal to foreign parents who do not meet the one-year residency requirement, the child can still qualify for Portuguese citizenship later. After five years of residence in Portugal, the child may be eligible to apply for citizenship, provided the family can show proof of legal residency during that time.
C. Citizenship at Age 18
If a child born in Portugal has lived there continuously until age 18, they are eligible to apply for citizenship upon reaching adulthood, regardless of the parents’ legal status. This route provides an option for children who grow up in Portugal to gain nationality upon reaching legal maturity.
4. Residency Options for Children Born in Portugal to Foreign Parents
If the child does not qualify for Portuguese citizenship at birth, they are still eligible for residency status under their parents’ residency. Residency options include:
- Dependent Residency: The child can be added to the parent’s residency permit as a dependent, enabling them to legally stay in Portugal and access education, healthcare, and other benefits.
- Golden Visa or D7 Residency: If the parents hold a Golden Visa or D7 Visa, the child can be included under their family residency application, granting the child residency and rights within Portugal.
5. Requirements and Documentation for Citizenship Applications
For a child born in Portugal to foreign parents, applying for Portuguese citizenship requires specific documentation, including:
- Proof of Birth: Birth certificate issued in Portugal.
- Proof of Parental Residency: Documentation showing that at least one parent has resided legally in Portugal for one year prior to the child’s birth.
- Parent’s Residency Permits: Valid residence permits of the parents, demonstrating legal stay.
- Application Forms: Completed Portuguese citizenship application forms, provided by the Conservatória dos Registos Centrais (Central Registry Office).
Once these documents are submitted, the Portuguese immigration authorities review and verify the eligibility based on residency status and other criteria.
6. Benefits of Portuguese Citizenship for Children
Portuguese citizenship offers significant advantages, including:
- EU Citizenship: Portuguese citizens enjoy full EU citizenship, allowing free movement, study, and work within any EU country.
- Access to Education and Healthcare: Portuguese citizens have access to high-quality public healthcare and education services.
- Dual Citizenship: Portugal allows dual citizenship, so children who gain Portuguese nationality can retain their original nationality if permitted by their home country.
7. Can Foreign Parents Apply for Portuguese Citizenship Through Their Child?
If a child born in Portugal gains Portuguese citizenship, foreign parents may have the option to apply for permanent residency or citizenship based on their relationship with the child, under the Family Reunification process. However, it is not an automatic right, and the parents must meet specific residency requirements and other legal criteria.
8. Frequently Asked Questions
Can a child born in Portugal to foreign parents automatically get Portuguese citizenship?
No, not automatically. The child can qualify for Portuguese citizenship if at least one parent has lived in Portugal legally for one year before the child’s birth.
Can a child born in Portugal to foreign parents obtain residency?
Yes, children born to foreign parents in Portugal are eligible for residency as dependents of their parents. They can later apply for citizenship based on continuous residence.
Does Portugal allow dual citizenship for children born in the country?
Yes, Portugal allows dual citizenship, enabling children born in Portugal to retain their original nationality along with Portuguese citizenship.
Can parents apply for Portuguese citizenship if their child becomes a Portuguese citizen?
While parents do not automatically gain citizenship through their child’s Portuguese nationality, they may qualify for permanent residency through family reunification and later apply for citizenship.
What happens if a child born in Portugal to foreign parents does not qualify for citizenship at birth?
The child can still live legally in Portugal under residency status and may apply for citizenship after five years of continuous residence or upon reaching age 18 if they have lived in Portugal throughout.
9. Conclusion
Children born in Portugal to foreign parents have pathways to Portuguese citizenship and residency, especially when parents meet certain residency requirements. While birth in Portugal does not automatically grant citizenship, options for legal status are available, allowing children to enjoy the benefits of Portuguese and EU residency. By understanding the criteria and preparing the required documentation, families can navigate Portugal’s citizenship and residency system successfully.