According to Organic Law No. 2/2020, ninth amendment to Law 37/81, whoever is seeking PORTUGUESE NATIONALITY FOR BEING THE GRANDSON OF PORTUGUESE, being Brazilian, he will no longer need the requirement to present an effective connection to the Portuguese community.
Promulgated by the President of the Republic, Marcelo Rebelo de Sousa, the amendment to the Law of Portuguese nationality entered into force one day after its publication, namely on November 11, 2020.
However, in view of this new version, the existence of an effective connection with the Portuguese community is verified by the sufficient knowledge of the Portuguese language. As the law determines, it is assumed that there is also knowledge of the Portuguese language for applicants who are natives and nationals of Portuguese-speaking countries, such as Brazil and Portuguese-speaking African countries.
How will the Nationality Law regarding the issue of lawsuits through the second generation of descent (Netos) look like?
Organic Law nº2/2020, enacted and published, came into force on November 11, 2020, however it determines that its Regulation will be made in 90 days, however the Regulatory Decree has not yet been issued, therefore, even though the law is valid, is not yet effective, as it depends on the Regulation.
The changes facilitate the claim of nationality for the grandchildren of Portuguese and remove, in cases where it has, the need to prove the infamous effective connection. Otherwise, let's see Art. 1, nº1, “d”, and nº 3, and Art. 6, ad litteram:
Organic Law No. 2/2020 (Ninth Amendment to Law No. 37/81, of October 3, which approves the Law on Nationality)
Article 1 (Original nationality)
Nº 1 – They are Portuguese of origin:
d) Individuals with at least one ascendant of Portuguese nationality originating from the 2nd degree in the straight line who has not lost that nationality, if they declare that they want to be Portuguese and have ties of effective connection to the national community;
No. 3 - The existence of ties of effective connection to the community national, for the purposes set out in subparagraph d) of paragraph 1, it is verified by the sufficient knowledge of the Portuguese language and depends on the non-conviction to a prison sentence of 3 years or more, with final and unappealable sentence, for a crime punishable under Portuguese law, and on the non-existence of danger or threat to national security or defense, for involvement in activities related to the practice of terrorism, in accordance with the respective law.
nº 10 – Knowledge of the Portuguese language referred to in paragraph c) of nº 1 it is presumed to exist for applicants who are natives and nationals of Portuguese-speaking countries.
With its regulations, it will be unnecessary to prove effective ties with the Portuguese community, but only present some documents proving knowledge of the Portuguese language, and it is not necessary to present such knowledge to those who are native and national of a country where the Portuguese language is the official , which is the case of Brazilians.
The Portuguese Legislator explained in the Justification of the Bill of Law the intention to reduce bureaucracy of the referred procedure, namely:
Finally, the bureaucratic procedure of verification by the Government of the existence of effective links with the national community is eliminated. The objective is to facilitate the access of Portuguese grandchildren to Portuguese nationality, in order to rebalance the jus sanguinis criterion, despite the prevalence that continues to be given to jus soli both in terms of attribution and in terms of naturalization.
All procedures from grandson to priori they go to the Central Registry Office in Lisbon, causing the Conservatory to be overwhelmed. We want to believe that the Regulations stipulate that the nationalities of grandchildren can be processed and analyzed by the regional offices of the Conservatories, thus reducing the load that has been going to Lisbon, and making procedures for grandchildren more agile. The sooner you file your Neto procedure, the better, as there are a lot of procedures filed every day.
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By Rodrigo Salgado Martins
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