Portuguese Nationality

Many Goans have been asking details about the Portuguese Nationality Law and how to apply for Portuguese Nationality. They often refer to it as "Portuguese Passport". The term "Portuguese Passport" is not correct. One should not address it as merely a passport. No. It is much more than that.

It is important that people realise this before applying. If you decide to apply for it, you will be applying for a Nationality and not merely a passport.

Why can Goans apply for Portuguese Nationality ?

I remember Mr. Alfredo de Mello posted long time ago a very good historic introduction to this in GoaNet mailing list:

"Under the government of the Prime Minister, Marquês de Pombal, around 1757, by a Royal Decree signed by King D. José I, all Portuguese Indians (Goa, Damão and Diu) were granted Portuguese Citizenship, and equal status under the law, with the Metropolitan Portuguese.

This was unique. No other colonial power ever granted such a status to the inhabitants of their colonies. Not in the 18th, 19th or 20th century! In that respect, Portugal was unique. Neither the British, nor French, nor Dutch, ever granted such a status as far as their Asian possessions were concerned. When Portugal became a Republic in 1910, the new Constitution granted the Portuguese Indians (not so to the African colonies) exactly the same prerogatives and status, as Portuguese Citizens. (During the monarchy, they were subjects, just as any Portuguese from Lisbon was a subject).", said Mr. Alfredo de Mello.

Perhaps this is the reason why so many Goans feel they are different from the rest of the Indians. Maybe that is why Goans can integrate so well in the western societies. I feel there is in many cases a strong inherited sentiment of distinction and most Goans are proud to be Goans not only because of their own achievements but also because this feeling has been transmitted from generation to generation. In the British and Portuguese African colonies, the distinction was quite visible. The reality today is different and majority of Goans born in Goa after 1961 naturally identify themselves with India.

In Portugal, Goans are fully integrated in all fields of the Portuguese Society and refuse to identify themselves as a minority group and indeed they are not officially recognised as such. The total number of people of Indian origin living in Portugal today exceeds 100,000 (Catholics, Hindus and Muslims) and they are the second largest Indian Community in Europe (after the UK). Majority of these 100,000 people is of Goan origin and it is believed to be the largest Goan community in the world living outside Goa. For some strange reason, one hardly hears about the Goans living in Portugal and it almost looks like they hardly exist but the figures prove exactly the opposite.

In 1926, Portugal ended more than a century of liberalism and 48 years of authoritarianism began with a military dictatorship under President General Oscar Carmona. Prof. Dr. Oliveira Salazar became a dictator in 1930 and his first highly racist Colonial Act of 1930 discriminated Portuguese Indians, differentiating them from the Metropolitan Portuguese. With the 1930 Colonial Act, Portuguese Indians became a sort of second-class citizens, losing a great deal of perks, such as free trips to Portugal for furloughs, emoluments became lower than those of the white officials, and other facilities that the white Portuguese had overseas were not available to Portuguese Indians.

This discriminatory Portuguese Colonial Act of 1930 was repealed only in 1950, thanks to the efforts of Prof. Dr. Froilano de Mello (Mr. Alfredo de Mello's father) who was a brilliant Goan doctor and MP in Lisbon, representing Goa in the Portuguese Parliament. He openly and bravely fought for the rights of Portuguese Indians and won the case in the Portuguese Parliament. From 1950, Goans recouped their status and were treated again in equal terms just like any other white Portuguese citizens from the metropolis.

On 18th December 1961, the Indian Army invaded Portuguese India and the Portuguese forces in the territories commanded by Governor General Vassalo e Silva surrendered, violating strict orders from Salazar to resist until the last man. Salazar wanted Portuguese Indians to feel that Portugal did not abandoned them and provided laws to keep them as Portuguese Citizens. Many Goans left Goa at that time and were welcomed in Portugal. This helped Portugal to take the case to the United Nations. Portugal kept fighting diplomatically in the United Nations for Portuguese India until 1974. Only in 1975, Dr. Mario Soares, representing a new Democratic Portugal, recognised the annexation of Goa, Damão and Diu and re-opened diplomatic relations with the Republic of India.

After the Portuguese Democratic Revolution of 1974, independence was officially given to all overseas territories (except to Macau because China declined the offer) and the Portuguese Nationality Law became very important in order to determine who retained Portuguese Nationality.

It is important to say that after 1975, the "Antigo Estado da India" (Goa, Damão, Diu e Dadrá e Nagar Avelí before 19 December 1961) was given somehow a special status under the Portuguese Nationality Law. Decreto-Lei n. 308-A/1975, 24th June - "Lei da Nacionalidade Portuguesa" – Article 1º. Clause (e), clearly says that all those born in the "Antigo Estado da India"(Goa, Damão, Diu e Dadrá e Nagar Avelí before 19 December 1961) who declare their intention to retain their Portuguese Nationality are entitled to do so. Other ex-Portuguese colonies’ citizens were given a period of time to decide if they wanted to remain as Portuguese citizens or if they wanted to adopt the nationality of the new independent countries (examples: Angola, Mozambique, etc). The citizens from Antigo Estado da India, on the other hand, were not given a period of time to decide if they wanted to continue being Portuguese citizens, which means that they are still entitled to declare they want to continue being Portuguese Citizens today.

After 1961, many Goans burnt their Portuguese passports in public freedom fighter demonstrations. Others mastered the art of writing against the Portuguese rule like there was nothing else more useful to do in Goa. It was very much in fashion to be a freedom fighter and it paid quite well as well in all sort of benefits, privileges and public recognition. They seemed to be quite happy with their new Indian citizenship. But Portugal suddenly changed after joining the European Community in 1986. The old and “poor” country suddenly transformed itself from night to day and became modernised, advanced and much more European. So, many of the individuals who wrote and demonstrated against Portugal actually turned their coats and shameless claimed back their Portuguese Citizenship in a savage call for opportunism. Suddenly, a door to Europe was opened and the opportunity was too good to be wasted.

The number of applications increased exponentially after 1986 and Portugal started receiving pressures from Europe to change Portuguese Nationality Law but everything remains unchanged so far.

The Portuguese Nationality Law also grants citizenship to descendants of Portuguese citizens. Therefore, even if one was only born yesterday, but had a grandfather or grandmother who was born in Portuguese India before 1961, this person can apply for Portuguese nationality.

Unfortunately, a large number of false applications was detected. People from outside ex-Portuguese India were impersonating Portuguese Indians (through false birth certificates) and claiming Portuguese citizenship as well. The whole process became with each passing day, more and more complex and today, there is a very strict and lengthy process to check the veracity of all submitted documents.

It is not so rare anymore for Indian origin people to have a Portuguese passport.
In fact, many people of Indian Origin (other than Goans) have one because they were living and working in the ex-Portuguese African Colonies. The Hindu community in Lisbon is large and most of them came from Mozambique and Angola.
Taking advantage of that fact, lately, many other Indians have succeeded in obtaining false Portuguese passports. There are people ready to pay lakhs of rupees to have a false one. I have personally met in Paris some Indians from Gujarat who managed to buy these false Portuguese documents for lakhs of Rupees. They were happily selling French souvenirs on the roads of Paris and apparently doing very good business. You might be surprised how I got this information from them. Well, my wife Bernadette started talking to them in Hindi and they felt so much at home that they have told us their most important secret. They had entered Europe through Poland and Germany with a false Portuguese passport and are aware of the big risk they are taking but they did not seem to be worried at all.

It was recently made public in the Portuguese press that Masood Azhar, the famous Islamic Kashmir leader demanded to be released by the December 1999 Indian Airlines hijackers, was in possession of a false Portuguese Passport when he was arrested in 1994 in India.



FAQ - Frequent Asked Questions:

Note: “Antigo Estado da India” is the legal term for the following territories: Goa, Damão, Diu e Dadrá e Nagar Avelí before 19 December 1961.

Q1. Under what law can the descendants of former Portuguese Citizens claim Portuguese citizenship? The 1975 legislation refers to a person born in the Antigo Estado da India. Does it cover the children or grandchildren who may have been born elsewhere?
A1: If you were born after 1961 (anywhere in the world) or born before 1961 but outside the Antigo Estado da India, it is necessary for you to prove that your parents/grandparents were born in the Antigo Estado da India. Once you have proved that, you need to register your parents/grandparents as Portuguese Citizens in Lisbon (even if they are already dead) and only then you can apply for Portuguese citizenship based on the fact that you are the descendent of a Portuguese citizen fully registered in Lisbon, Portugal.

Q2: Is the birth of a person in Antigo Estado da India sufficient requirement?
A2: No. In addition, you also need to prove that you were not residing in the Ex-Portuguese African colonies during 1974-1976. This is because those that were residing in the ex-Portuguese African colonies were given a short period of time to decide if they wanted to remain Portuguese citizens. So, if you were residing during the 1970’s in the Ex-Portuguese African colonies given independence in 1975 (Angola, Mozambique, Guiné-Bissau, Cabo Verde, São Tomé e Principe), the chances are that your application will not be accepted.

Q3: Did the parents/grandparents (born in Antigo Estado da India) have to hold a Portuguese passport at all? What evidence is required to be submitted by the child or grandchild?
A3: No. Portuguese passport was never a requirement for citizenship. A birth certificate of your parent/grandparent is necessary along with a detailed list of other requirements that can be found further on in this text.

Q4: What if the person switched passport to Indian or British, Canadian, American, etc. Does this prejudice or nullify the applicant’s case?
A4: Not at all. Portugal allows dual Nationality and according to the Portuguese law, you can keep your second and other nationalities. The only restriction is that you will not be able to claim Portuguese consular protection if you require help in the country of your other nationality.
Some countries do not allow dual nationality (example: India). According to the Indian Law, it is a serious offence to keep your Indian Nationality/passport if you acquire another nationality.

Q5: Do I have to travel to Lisbon to apply?
A5: No. You should contact your nearest Portuguese Consulate and refer to the Portuguese Nationality Law. If they fail to give you information or if they do not know enough about it (which is the sad reality sometimes), then you should contact a Portuguese lawyer (there are several experts in Portuguese Nationality Law) and request help.

 

Portuguese Nationality Law

Decreto-Lei n. 308-A/1975, 24th June - "Lei da Nacionalidade Portuguesa"

Diário do Governo I Série - Número 143 – Terça Feira 24 de Junho de 1975

Please read translations to English in blue italic font.



Artigo 1º.

1. Conservam a Nacionalidade os seguintes portugueses domiciliados em território ultramarino tornado independente:
The following citizens residing in overseas Portuguese territories now independent, will retain their Portuguese Nationality:

  1. Os nascidos em Portugal continental e nas ilhas adjacentes.
    All those born in Continental Portugal and adjacent islands (Madeira and Azores).
  2. Até à independencia do respectivo território, os nascidos em território ultramarino ainda sob administração portuguesa.
    All those born in overseas Portuguese territories before the date of the independence of those territories.
  3. Os nacionalizados.
    All those who acquired the Portuguese Nationality.
  4. Os nascidos no estrangeiro de pai ou mãe nascidos em Portugal ou nas ilhas adjacentes ou de naturalizados, assim como, até à independência do respectivo território, aqueles cujo pai ou mãe tenham nascido em território ultramarino ainda sob administração portuguesa.
    All those who were born in a foreign country but whose father or mother can be considered Portuguese by either a), b) or c).
  5. Os nascidos no Antigo Estado da India que declarem querer conservar a Nacionalidade Portuguesa.
    All those born in the "Antigo Estado da India"(Goa, Damão, Diu e Dadrá e Nagar Avelí) who declare their intention to retain their Portuguese Nationality.
  6. A mulher casada com, ou viúva ou divorciada de, português dos referidos nas alíneas anteriores e os filhos menores deste.
    The wife married to, or the widow of , or the divorced wife of, a Portuguese citizen refered to in either a), b), c), d) or e), and all of their children under the age of 18 years.

2. Os restantes descendentes até ao terceiro grau dos portugueses referidos nas alineas a), c), d), primeira parte, e e) do número anterior conservam também a nacionalidade portuguesa, salvo se, no prazo de dois anos, a contar da data de independência, declararem por si, sendo maiores ou emanecipados, ou pelos seus legais representantes, sendo incapazes, que não querem ser portugueses.
All descendents until the 3rd generation of any descendents of Portuguese citizens refered in number 1 in either a), c), d) or e), will also retain their Portuguese Nationality except if they declare within the period of two years following the independence of the territory that they do not wish to continue being Portuguese Citizens.


Artigo 2º.

1. Conservam igualmente a nacionalidade portuguesa os seguintes individuos:
The following citizens will also retain their Portuguese Nationality:

  1. Os nascidos em território ultramarino tornado independente que estivessem domiciliados em Portugal continental ou nas ilhas adjacentes há mais de cinco anos em 25 de Abril de 1974.
    All those born in overseas Portuguese territories now independent who can prove they have been residing in Continental Portugal or in the adjacent islands (Madeira and Azores) for more than five years prior to 25th April 1974.
  2. A mulher e os filhos menores dos individuos referidos na alínea anterior.
    The wife and children under the age of 18 years of a Portuguese citizen refered to in section 1.a) .

2. Os individuos referidos no número anterior poderão optar, no prazo de dois anos a contar da data de independência, pela nova nacionalidade que lhes venha a ser atribuida.
All individuals refered in section 1 a) or 1 b) of Artigo 2º can choose, in the period of 2 years after the independence of the territory, if they wish to retain their Portuguese Nationality.


Artigo 3º.

Para os fins do presente diploma, e salvo prova em contrário, presumem-se nascidos em Portugal continental, nas ilhas adjacentes e nos territórios ultramarinos os individuos ali expostos.
All individuals living in Continental Portugal or in the adjacent islands of Madeira and Açores or in the overseas Portuguese territories are presumed to be born there, until proven otherwise.


Artigo 4º.

Perdem a nacionalidade portuguesa os individuos nascidos ou domiciliados em território ultramarino tornado independente que não sejam abrangidos pelas disposições anteriores.
Any individuals not included under Artigo 1º and Artigo 2º are not entitled to retain their Portuguese Nationality.


Artigo 5º.

Em casos especiais, devidamente justificados, não abranjidos por este diploma, o Conselho de Ministros, directamente ou por delegação sua, poderá determinar a conservação da nacionalidade portuguesa, ou conceder esta, com dispensa, neste caso, de todos ou alguns dos requisitos exigidos pela base XII da lei nº. 2098, de 29 de Julho de 1959, a individuo ou individuos nascidos em território ultramarino que tenha estado sob administração portuguesa e respectivos cônjuges e descendentes.
In special and justified cases, the Board of Ministers can decide directly or by delegation whether an individual born in Portuguese overseas territories can or cannot retain or be granted his/hers Portuguese Nationality. The same applies for the spouse of this individual and/or his/hers descendents.


Artigo 6º.

1. É obrigatório o registo, na Conservatória dos Registos Centrais de Lisboa, das declarações previstas nos artigos 1º., numero 2, e 2º. Numero 2.
It is absolutely necessary to register in the Conservatória dos Registos Centrais de Lisboa the declarations refered in Artigo 1º - number 2, and Artigo 2º - number 2.

2. A declaração de opção prevista no artigo 2º., numero 2, será instruida com documento que prove ser o declarante nacional do novo Estado Independente.
The declaration refered in Artigo 2º, number 2 must be submitted with a proof that the individual declaring is a citizen of the new independent state.


Artigo 7º.

O pedido de registo de nascimentos dos individuos que conservam a nacionalidade, nos termos deste diploma, quando necessário, será instruido com prova dos factos de que depende a conservação da nacionalidade.
The application to register the birth certificates of the individuals who retain the Portuguese Nationality according to this law, is to be submitted, when necessary, with the documents that prove all the requirements for the success of the application.


Artigo 8º.

São gratuitos todos os actos, processos e registos resultantes da aplicação deste diploma, bem como os documentos necessários à sua instrução.
The registry of the birth certificates and the process for declarations for Portuguese Nationality is free.


Visto e aprovado em Conselho de Ministros - Vasco dos Santos Gonçalves – Álvaro Cunhal – Francisco José Cruz Pereira de Moura – Joaquim Jorge Magalhães Mota – Mário Alberto Nobre Lopes Soares – António de Almeida Santos – António Carlos Magalhães Arnão Metelo – Francisco Salgado Zenha – Ernesto Augusto de Melo Antunes – Jorge Correia Jesuíno. Promulgado em 21 de Junho de 1975. Publique-se. O Presidente da Républica – FRANCISCO DA COSTA GOMES
Approved and signed by the Board of Ministers - Vasco dos Santos Gonçalves – Álvaro Cunhal – Francisco José Cruz Pereira de Moura – Joaquim Jorge Magalhães Mota – Mário Alberto Nobre Lopes Soares – António de Almeida Santos – António Carlos Magalhães Arnão Metelo – Francisco Salgado Zenha – Ernesto Augusto de Melo Antunes – Jorge Correia Jesuíno, and the President of the Portuguese Republic, FRANCISCO DA COSTA GOMES, 21st June 1975.







REQUIREMENTS TO APPLY:

All applications for Portuguese Nationality should be submitted to the nearest Portuguese Consulate of your area.

The following documents will be necessary for the Application:

1. For those born in the Antigo Estado da India before 18th December 1961:

  1. Birth certificate and Marriage certificate (if applicable) issued by the Conservatória do Registo Civil de Goa, Damão, Diu e Dadrá e Nagar Avelí.
  2. Same documents for the spouse (if applicable).
  3. Legal Identification Documents (current passport). If submitted in Goa: valid Indian Passport or identity certificate with attached photograph issued by Mamlatdar/Sarpanch. Other identity cards can include a ration card or a voter identity card or a driving licence.
  4. Certificate of Residency with full address and photograph.
  5. Certificate of Residency indicating residency between January 1974 and December 1975. If you were residing in the ex-Portuguese territories in Africa you do not qualify to apply.

2. For those born after 18th December 1961:

It will be necessary to prove that their parents were born in the Antigo Estado da India (Goa, Damão, Diu e Dadrá e Nagar Aveli) and got married there before 18th of December 1961.

  1. Birth certificate of the parents, marriage certificate of the parents, death certificate if any of the parents is deceased, all issued by the Conservatória do Registo Civil de Goa, Damão, Diu e Dadrá e Nagar Aveli.
  2. Birth certificate and marriage certificate (if applicable) of the individual applying.
  3. Legal Identification Documents (current passport). If submitted in Goa: valid Indian Passport or identity certificate with attached photograph issued by Mamlatdar/Sarpanch. Other identity cards can include a ration card or a voter identity card or a driving licence.
  4. Certificate of Residency with full address and photograph.
  5. Certificate of Residency indicating residency between January 1974 and December 1975. If you were residing in the ex-Portuguese territories in Africa you do not qualify to apply.

3. For those born after 18th December 1961 whose parents were born in the Antigo Estado da India before that date and got married after that date or got married outside the Antigo Estado da India:

It will be necessary to register their parents first or at least one of the parents according to number 1.

The Nationality Application of the individual can only be submitted after the full registration (birth and marriage certificate) of the individual’s parents (or at least one of the parents) as Portuguese in the Registo Civil Português.

If the birth and the marriage certificates of the parents (or of at least one of the parents) of the individual are already registered in the Registo Civil Português, the individual just has to submit the respective references (numbers and year of the birth and marriage certificate).

Attention:

  1. All documents written in English or any other language must be translated to Portuguese.
  2. All documents issued in Goa must be certified by a) Public Notary, b) Collector, c) Under Secretary (Home)
  3. All documents issued in Damão and Diu must be certified by a) Public Notary, b) Mamlatdar and Joint Secretary (Home).
  4. All documents issued in Bombay must be certified by a) Public Notary, b) Mantralaya.
  5. Incomplete documents or documents not following these instructions will not be accepted.

NB: These are not legal/professional translations.

The reader must consult and refer to the nearest Portuguese Consulate and ask for detailed and up to date information before proceeding. It would be advised to search for professional help as well (lawyer or solicitor).
Please note that Portugal allows dual nationality but not all countries allow and you should be aware of this before applying.


Search http://www.secomunidades.pt/ for more information about the Portuguese Nationality Law.

© COPYRIGHT 1999 by Paulo Colaço Dias
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Last updated: 30/03/2000