Case Study: Conservation, Loss and Reacquisition of Portuguese Nationality

Authors: Lidiane de Carvalho · Miguel Quintero

How marriage, divorce, the voluntary acquisition of another nationality and legislative changes over time may affect Portuguese nationality.

Introduction

This case study, presented anonymously, illustrates how legislative changes over the decades have influenced the acquisition, loss and eventual reacquisition of Portuguese nationality. The case, the subject of a detailed legal opinion, also highlights the relevance of civil records and the importance of careful documentary analysis in each nationality procedure.

The Case

In the 1960s, a foreign national married a Portuguese citizen in Portugal. Under the law then in force, she automatically acquired Portuguese nationality and, according to her statement, lost her nationality of origin as a result.

Years later, the marriage ended in divorce and, subsequently, the woman married a foreign national from her country of origin, thereby reacquiring her original nationality, which she had lost at the time of her first marriage, in accordance with the rules then applicable in her home country.

Throughout her life, she resided in Portugal for several relevant periods.

The fact that she had acquired Portuguese nationality through marriage and had lived in Portugal for considerable time raised reasonable doubts as to whether she had ever lost Portuguese nationality and what the legal consequences of her personal history might be.

Legal Framework

1959 Law (in force at the time of the events)

• Foreign women married to Portuguese citizens automatically acquired Portuguese nationality, unless they expressly declared otherwise.

• Divorce was not a cause of nationality loss.

• Nationality could be lost: a) by the voluntary acquisition of another nationality; or b) by marriage to a foreign citizen when that marriage automatically conferred the spouse’s nationality.

• Loss of nationality only had effect vis-à-vis third parties if recorded in the Portuguese birth register.

1981 Nationality Law and subsequent developments

• From then on, an express declaration became necessary both for acquisition and for loss of nationality.

• A reacquisition regime was introduced for those who had lost nationality through marriage to a foreign national or through voluntary acquisition of another nationality.

• The principle of stability was consolidated for those recognized as Portuguese citizens for at least 10 years, and family protection was reinforced, in line with the European Convention on Nationality (Strasbourg, 06-11-1997; in force since 01-03-2000).

Key Issues

• The first marriage led to the automatic acquisition of Portuguese nationality and, most likely, the automatic loss of her nationality of origin.

• The divorce did not result in loss of Portuguese nationality.

• The second marriage could have caused the loss of Portuguese nationality, but only if such an outcome had been foreseen and was duly declared/registered.

• The reacquisition of her nationality of origin cannot automatically be equated with a “voluntary acquisition” when it results directly from marriage, and the applicable legal framework at the time must be considered.

• In the absence of any recorded loss in the Portuguese birth register, it is presumed that the woman retained Portuguese nationality.

• Even under a more restrictive interpretation, if loss were assumed, she could still reacquire it by declaration; as a rule, reacquisition takes effect from the date of registration, unless special legal provisions apply.

Conclusion

The documentary analysis and the applicable law at each relevant period lead to the conclusion that the woman should be presumed never to have lost Portuguese nationality. Even if otherwise understood, there are clear legal mechanisms of reacquisition, generally producing effects from the date of registration.

Next Steps and Case Follow-up

The outcome will depend on the assessment of the Portuguese Institute of Registries and Notaries (IRN) in line with the legal strategy defined for the client. We will return to this case study to share updates on the progress of the process and the legal solutions adopted.

By Miguel Quintero & Lidiane de Carvalho