Portuguese Citizenship for Grandchildren: Step by Step to Take in 2022

Portuguese Citizenship for Grandchildren: Step by Step to Take in 2022

Portuguese Citizenship for Grandchildren: Step by Step to Take in 2022
Portuguese Citizenship for Grandchildren: Step by Step to Take in 2022

This article is especially dedicated to those who want to apply for Portuguese citizenship for grandchildren of Portuguese citizens in 2022. We will show you how to get it, the necessary step by step and everything about the new nationality law.

You already know that there are many advantages of having a European nationality, but to be able to enjoy them it is necessary to apply for dual citizenship, if you have Portuguese ancestry.

In this way, Portuguese citizenship for grandchildren of Portuguese occurs even by skipping a generation, and then it is possible to pass it on to all their descendants.

Let's also understand about the Portuguese Nationality Law of 2020 that was amended and today allows Portuguese citizenship for grandchildren to be through attribution. Thus, nationality is original and can be transmitted to children, without age limit, as well as to the spouse or partner.

If you want to know how to obtain Portuguese nationality for grandchildren and what are the requirements of this process, here we explain in detail and answer the main doubts about the procedures. You might be interested in this article Portuguese Citizenship for a child of Portuguese: How to Apply?

Who is Entitled to Portuguese Citizenship as a Grandchild of Portuguese?

To obtain Portuguese citizenship, in this case, it is necessary to be a grandson of Portuguese, as governed by the Portuguese Nationality Law.

So, if you have a Portuguese grandmother of grandfather, even if you have passed away, but have not lost Portuguese citizenship, you have the right to be Portuguese too.

This also applies if your father or mother, of Portuguese descent, has no not acquired nationality. Thus, Portuguese citizenship for grandchildren is possible by skipping a generation.

In the same way, if you have a living grandfather or grandmother, but the father or mother is already deceased, you are also entitled to dual citizenship. We will explain more about these two situations later.

Changes to the New Portuguese Citizenship Law for Grandchildren

The new Portuguese citizenship law for grandchildren is actually a change made to the Nationality Law at the end of 2020.

These changes especially benefited the case of obtaining Portuguese citizenship for grandchildren and spouses/partners of Portuguese people.

As in this article what interests us is Portuguese citizenship for grandchildren, so that you can understand better, we quote below the two positive amendments of the new Portuguese citizenship law for these cases.

The change covers two of the legal requirements that have now been greatly facilitated: the need to prove effective ties with the Portuguese community and to prove knowledge of the Portuguese language.


Proof of Effective Ties With The Portuguese Community

Now, after the change, grandchildren of Portuguese people no longer need to prove that they have effective ties to the Portuguese community.

Before, this requirement made it difficult for grandchildren to obtain Portuguese citizenship, since many people, despite having Portuguese grandparents, did not have direct contact or effective dies in the country.

Proof of Language Knowledge

After the amendment of the Nationality Law, proof of knowledge of the Portuguese language was waived for citizens born in Portuguese-speaking countries.

The rule includes Brazilians, of course. This makes the process of applying for Portuguese nationality even easier for grandchildren of Portuguese people.

What is the Attribution of Portuguese Citizenship to Grandchildren of Portuguese?

From the New Law of Portuguese Nationality, which came into force in December 2020, dual citizenship as a grandson of Portuguese now happens by attribution. That is, the grandson will have the nationality of origin. This means that the applicant will be considered Portuguese from the moment of birth.

The nationality of origin has a great advantage over the derived nationality (acquired through naturalization), as it allows transmission to descendants, without age limit.

Before, this was not possible, because the grandson acquired nationality in a derived, not original, way. In this case, the effect is retroactive and the grandson will be considered a Portuguese citizen from the day of his birth.

Derived nationality only takes effect from the moment it is granted. Meanwhile, the original has retroactive effect from birth, being transmitted to older children as well.

Also understand the difference between Portuguese citizenship and nationality.

How to Get Portuguese Citizenship for Portuguese Grandchildren?

The fastest way and with the least possibility of obtaining Portuguese nationality, initially, is through the search for the documents of the Portuguese citizen.

The most important document is the birth certificate of the Portuguese ancestor. It is from this certificate, which proves kinship with the Portuguese citizen, that the Portuguese citizenship process for grandchildren begins.

Here is an important tip regarding people born before 1911. Until that date, birth records were made in churches, as there were no registry officers. Therefore, to find certificates prior to this date, it is necessary to look for the baptism certificate - possibly registered in the Parish close to the Parish (neighbourhood) of birth.

What Happens of After Getting the Certificate?

After this stage, the process continues with actions in Brazil and Portugal. We always recommend that this be done through an advisory body in Portuguese nationality that is specialized in the matter.

Advice consists of specialized legal assistance and follow-up at all stages of the process. The responsible lawyer will analyze your case in detail to confirm whether or not you are entitled to apply for Portuguese citizenship for grandchildren.

In addition, he will be able to answer your questions, search for the necessary documentation, file and monitor your entire process until your Portuguese Nationality is confirmed.

What are the Requirements to Obtain Portuguese Citizenship as a Grandson?

The main requirement is that the applicant is an individual born abroad with at least one ascendant of Portuguese nationality of the 2nd degree in the straight line, who has not lost that nationality. Fulfilling this requirement, he can be a Portuguese as well.

This means that if you are a grandson of Portuguese, you can obtain Portuguese citizenship as well. However, it is important that your grandfather or grandmother has not lost Portuguese nationality.

However, there are other necessary requirements, such as not having been convicted (with the final judgement) for the practice of a crime punishable with a maximum prison sentence equal to or greater than 3 years, according to Portuguese law. Likewise, the applicant for nationality can not pose a danger to the security of Portugal.

Portuguese Citizenship for Grandchildren: Step by Step

Let's go now to the step-by-step you must follow to acquire Portuguese nationality for grandson.

We have already seen that grandchildren will be entitled to Portuguese citizenship by attribution, if they meet the requirements of Portuguese nationality law.

If so, and by attaching the necessary documents, you can start the process in two ways, according to your preference:

  • At the Portuguese Consulate in Brazil or;
  • Directly before the Central Registry Office, in Portugal.

In fact, this process is handled directly by the Conservatória, which can make it a little more time-consuming when initiated at any Consulate General of Portugal in Brazil.

Therefore, if it is feasible for you, it may be worth making the application for granting Portuguese citizenship to grandchildren directly in Portugal.

Remember that if your father or mother, child of Portuguese, is alive, it is advisable that he first obtain Portuguese nationality by assignment, as a child. Next, you will do the same procedure and you will also obtain your dual nationality.

Also know the main advantages of having Portuguese nationality.

What Documents are Required to Place an Order?

According to consular information, the documents needed to obtain Portuguese nationality for a grandchild of Portuguese are the following:

  • Birth certificate of the applicant, in full, original and issued less than one year ago;
  • Applicant's birth certificate issued by photocopying the birth record book, issued less than one year ago;
  • Certified copy of the diploma of completion of elementary, secondary or higher education, issued by a Brazilian educational establishment: (citizens of Portuguese-speaking countries do not need this proof);
  • Birth certificate of the parent (father or mother) of the Portuguese citizen, in full, issued less than one year ago;
  • Birth certificate of the parent (father or mother) of the Portuguese citizen, issued by photocopy of the birth record book, issued less than one year ago;
  • Brazilian criminal record certificate issued by the Federal Police (if over 16 years old);
  • Certified copy of Identity Card (RG). If the document is not recent, also attach a certified copy of the passport (only pages with signature, photo and identification);
  • Criminal record certificates from all the countries in which they lived after being 16 years old, if applicable, accompanied by translation, if written in a foreign language (the interested party is exempt from presenting the Portuguese criminal record certificate, which is officially obtain by their).

Remember that the stage of searching and organizing the documentation is one of the most important to ensure the success of the application for Portuguese citizenship for grandchildren. Therefore, it is a essential to be aware of the requirements of the law and provide all documents, as well as legalization with the Hague Apostille, when necessary.

Specifics of Documents for Portuguese Citizenship

The birth certificates of the grandfather or grandmother (whoever is Portuguese) are expendable. However, provided that all the elements for the location of the document are necessary, which are the place of birth, the respective date and, if known.

Therefore, it is important to know the Portuguese Civil Registry Office where they are filed, in addition to their number and year. To facilitate the location, it is good to send a simple copy of these certificates.

 Likewise, the interested party also exempt from presenting the Portuguese criminal record certificate, which is officially obtained by the Services.

Documents Must be Apostilled

Attention: all documents, including certified photocopies, must be properly apostilled in order to be recognized as valid in Portugal.

Therefore, they must bear the sale of the Hague Apostille, which is a procedure carried out by some notaries in Brazil for the document to be valid abroad. This will be necessary even if your present the documentation at the Portuguese Consulate, because the process will be processed at the Conservatória em Portugal, regardless of where the process is started.

What is the Value of Taking Portuguese Citizenship as a Grandson?

According to information on the website of the Consulate General of Portugal in São Paulo, the process of attributing Portuguese nationality to a grandchild who is a minor is free. But, for adults, the cost is 175 euros.

When hiring a specialized consultancy, fees are added, which involves the various services performed before and during the process. For example, the search for a Portuguese birth certificate, delivery of documents to the competent bodies and monitoring of the process.

How Long Does it Take to Get Portuguese Citizenship for Portuguese Grandchildren?

About the exact processing time of the process, there may be variation depending on where you place the order. The current term can last from 25 to 30 months.

This is the estimated duration of processes of this type, but it is possible that there will be more or less delay, depending mainly on the demand for orders that exist at the moment.

Portuguese Citizenship for Grandchildren of Portuguese Citizens

Portuguese Citizenship with Deceased Grandparents of Parents

Many grandchildren of Portuguese people have doubts about the suitability of the process when their parents of grandparents are already deceased.

Therefore, we will clarify how to right to Portuguese nationality for grandchildren is in these two cases. But we have already said that the news is good.

Portuguese Citizenship for Grandchildren with Deceased Grandparents

If your grandparents are already deceased, this does not affect your right to apply for Portuguese nationality. You will also be entitled to apply and be a Portuguese citizen.

It should be remembered that one of the requirements for nationality to be recognized is the fact that the grandfather or grandmother has not lost Portuguese nationality. If this has occurred, you will not be entitled to recognition.

Portuguese Citizenship for Grandchildren with Deceased Parents

If you are a grandson of Portuguese and your parents died without acquiring nationality. You also have the right to obtain it by original attribution.

That is, in this situation, it will still be possible to obtain Portuguese nationality for grandchildren. Citizenship will be granted by "skipping" the generation of the deceased parent.

It is important to clarify that the transmission of Portuguese nationality only allows passing a generation that has died. If there is more than one generation, the transmission of nationality is interrupted.

Can I Pass my Portuguese Citizenship to my Children?

Yea! According to information from the Consulate General of Portugal in São Paulo, grandchildren of Portuguese people receive nationality by attribution (original), which is different from acquisition (derived).

Therefore, nationality by assignment is an original nationality, which takes effect from the date of birth of the applicant.

Therefore, grandchildren, after having nationality and having updated in their marital status, will be able to pass this right on to the children. And it doesn't depend on whether they are major or minor. It will be as if they had always been children of Portuguese.

It is important to remember, then, that the grandson of Portuguese, after acquiring citizenship, will need to carry out the transcription of his marriage in Portugal, if he is married in Brazil.

After this registration, it will be possible to pass the nationality to your children as well.

What Happens if Portuguese Citizenship for Grandchildren was Acquired Under the Old Law?

The grandchildren of Portuguese who obtain recognition of Portuguese nationality before 2017 had it by acquisition. As she is not of origin, she prevents the transmission of nationality to her children.

But, individuals who have a acquired Portuguese nationality for grandchild in this way can convert this acquisition into an assignment. The procedure is also called convolation and consists of submitting some documents to the Central Registry Office, and such presentation can also be made at the Consulate.

Through this procedure, the conversion of Portuguese nationality, which was previously by naturalization, into attribution will be carried out.

In this way, grandchildren who have already become naturalized can now ask for the conversion of the nationality to the attribution, which is better, since it can be freely to descendants. This is the great advantage of convolation or conversion.

Documents to Make the Conversion

According to the information provided by the Consulate General of Portugal in São Paulo, the documents required to make the conversion are:

  • Declaration form for attribution of nationality (1D model, which can be obtained from the website of the institute of Registries and Notaries);
  • Brazilian Criminal Record Certificate;
  • Criminal record certificate from all countries in which he lived after the age of 16, if applicable, accompanied by a translation, if written in a foreign language (the applicant is exempted from presenting the Portuguese criminal record certificate, which is officially obtained).

It is also necessary to present proof of payment of the fee of 175 euros.

Final Remarks on Portuguese Citizenship for Grandchildren

Thanks to a recent amendment to the Nationality Law, grandchildren no longer need to prove those ties to the Portuguese community that had been required until then. Currently, knowledge of the Portuguese language is sufficient to fulfill this requirement!

Now you know how to get Portuguese citizenship for grandson. So, if you are a grandchild of Portuguese, do not miss the opportunity to have Portuguese citizenship for grandchildren.

In addition, it is a great advantage to be able to pass this right on to your children and so on, as nationality can be passed on to all subsequent generations.

It is worth remembering that Portuguese citizenship can be passed on to the spouse as well, in this case by acquisition.

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