Citizenship for new born baby – Visas, Residency & Citizenship – Expats Portugal Community Forum
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Citizenship for new born baby

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Posts: 7
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Topic starter
(@drumbrake)
Member
Joined: 10 months ago

My understanding that a baby born in Portugal can become a citizen if one of the parents has been legally resident for 12 months or more. 

My situation: I got my residence card through Brexit. My original certificate was dated in December 2019, but I got my biometric card in November 2022. My wife will give birth in July 2023 (fingers crossed). Would my child be eligible for citizenship - which date is used for my residency start?

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Posts: 442
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(@thomasribatejo)
Member
Joined: 6 years ago

Your legal residency started on the date of your original CRUE document, provided terms have not been breached in the meantime (which is unlikely, as you now have the WA residency card).  The text speaks of parents (plural), it's not clear (to me) if it can be based on one parent's residency of more than one year.

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VIP Member
(@old-bloke)
Joined: 14 years ago

Member
Posts: 2358

@thomasribatejo 

The text of the Nationality Law (37/81) at Article 1.1(f) refers to only one parent needing to be legally resident in Portugal.

Os indivíduos nascidos no território português, filhos de estrangeiros que não se encontrem ao serviço do respetivo Estado, que não declarem não querer ser portugueses, desde que, no momento do nascimento, um dos progenitores resida legalmente no território português, ou aqui resida, independentemente do título, há pelo menos um ano;

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Ask our Expat Consultant
(@thomasribatejo)
Joined: 6 years ago

Member
Posts: 442

@old-bloke Super, thanks for confirming that!

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