Portugal

Update from June 2022:

A new census was conducted in Portugal in 2021 and included a brief explanation of the concept ‘stateless’ in the questionnaire, but preliminary results have not yet been disaggregated to provide any new data on the stateless population. The 2011 census indicated 553 stateless people in the country. Statistics Portugal data on the resident population for 2020 reports 30 stateless people (16 men and 14 women) and 72 people recorded as ‘other non-classifiable’ (34 men and 38 women). No-one was recorded as having ‘unknown nationality’ in 2020.

The Portuguese Nationality Act was amended in 2020, with changes entering into force on 11 November 2020. The revised Nationality Regulation was adopted in March 2022 and entered into force in April 2022. While the amendments do not directly affect statelessness provisions, some of the changes introduced may have an impact on the prevention and reduction of statelessness in Portugal as they widen the scope for acquisition of nationality at birth and facilitate naturalisation for children born to foreign parents in Portugal.

In November 2020, the Ministry of Interior, the Ministry of Justice, and the Portuguese Bar Association signed a cooperation protocol to ensure provision of legal assistance to people refused entry at the border through the creation of on-site shifts of lawyers. The procedural rules on the implementation of the protocol entered in force on 8 March 2021.

The deadline for registering births in Portugal was suspended during the COVID-19 pandemic through legal amendments enacted in March and April 2020. During the pandemic, all of the Nascer Cidadão desks, allowing birth registration to be performed in hospitals and maternity wards, were temporarily closed and media reports revealed in 2021 that this caused significant gaps in birth registration, particularly for children born to foreign parents.

New resources on Portugal now available include:

2021 Statelessness Index Survey
Country briefing on access to protection for stateless refugees from Ukraine in Portugal (June 2022)

Portugal has a relatively good record on accession to relevant human rights instruments, including three of the four core statelessness conventions. Some data on the stateless population is available, but this is limited due to the lack of mechanisms to identify and determine statelessness, inconsistencies in recording, and overlapping data categories. A new census was carried out in 2021, and a brief explanation of the concept ‘stateless’ was included in the questionnaire, but disaggregated results are not available at the time of writing.

There are no procedures through which statelessness can be determined in Portugal nor a stateless protection status established in law.

There are also gaps in protections to prevent the arbitrary detention of stateless people, and it is likely that some stateless people are detained in practice. However, there are relatively strong procedural safeguards in place and cumulative time spent in detention counts towards the maximum (relatively short) time limit.

Portugal performs well on the prevention and reduction of statelessness, although some improvements could be made. For example, the legal safeguard for otherwise stateless children born on the territory is not necessarily automatic in practice, and the burden of proof in evidencing statelessness lies with the child. However, successive recent amendments to the Nationality Act have broadened the scope for children born in Portugal to foreign parents to acquire nationality at birth. In practice, foundlings acquire nationality by birth, there is no risk of statelessness in adoption procedures, and no discriminatory conditions on the acquisition of nationality by children born to nationals abroad. The registration of all births in Portugal is mandatory and facilitated even if parents cannot prove their identity or miss the registration deadline; however, facilitated birth registration in hospitals and maternity wards (‘Nascer cidadão’) was suspended during the COVID-19 pandemic, potentially impacting (prompt) birth registration with increased risks to children born to foreign parents. Portuguese nationality law contains safeguards to prevent statelessness as a result of deprivation or renunciation of nationality.

Information below by theme was last updated in March 2021.

Last updated:

Mar 2021

Next scheduled update:

Jan 2023

Country expert(s):

Inês Carreirinho and Rita Santos, Portuguese Refugee Council

Additional resources

Country survey data (2021)

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ADDITIONAL INFO

NORMS & GOOD PRACTICE

International and Regional Instruments

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Portugal has a relatively good accession record to relevant human rights treaties, including the 1954 and 1961 statelessness conventions, as well as the European Convention on Nationality. Portugal is state party to most other relevant regional and international instruments with no significant reservations, except for the European Convention on the Avoidance of Statelessness in Relation to State Succession and the UN Convention on the Rights of All Migrant Workers and Members of their Families to which it is not party.

The 1954 Convention

Portugal is state party to the 1954 Convention, and it has direct effect. It entered a reservation at the time of accession to clarify that under Article 38, it does not consider the more favourable treatment it provides to nationals of countries with special relations (such as EU countries and Portuguese-speaking States) the general standard of treatment of foreign nationals that should apply to stateless people.

The 1961 Convention

Portugal is state party to the 1961 Convention with no reservations and it has direct effect.

Other Conventions

Portugal is state party to the European Convention on Nationality, but not to the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession.
Portugal is party to all other relevant regional and international human rights instruments with no relevant reservations, except for the Convention on the Rights of All Migrant Workers and Members of their Families, to which it is not signatory.

Statelessness Population Data

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

Some limited data is available on the stateless population in Portugal. The last (2011) census included a nationality category ‘stateless persons’, disaggregated by age and gender. Statistics Portugal and the Immigration and Borders Service report on the resident population under the categories ‘stateless’, ‘unknown nationality’, and ‘other non-classifiable’, and some data on asylum applicants registered as ‘stateless’ is available. UNHCR published a mapping study of statelessness in Portugal in 2018 but reported that only limited population data was available. It is not clear on what basis people are recorded as stateless in official statistics as there is no statelessness determination procedure in Portugal, there are overlapping categories, and evidence suggests that only those with residence permits are counted. The Government does not routinely publish data on people held in immigration detention.

Availability and sources

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The latest census (2011) included a nationality category 'stateless persons', which is disaggregated by age and gender (284 men; 269 women; most common age groups: 30-34 years (76 people), 35-39 years (100), and 40-44 years (56)).
Statistics Portugal publishes data on the resident stateless population (33 stateless people in 2019 - 19 men, 14 women) as well as residents recorded as having 'unknown nationality' (none in 2019). Data is also available on the number of stateless people and people of unknown nationality acquiring Portuguese nationality at birth (none in 2017 – last available). Data on acquisition of nationality after birth for 2019 indicates that no stateless persons, persons of unknown nationality nor of ‘non-classifiable’ nationality acquired Portuguese nationality during the year.
According to the Asylum Act, SEF must communicate all asylum applications filed in Portugal to the Portuguese Refugee Council (CPR) (6 applicants for international protection registered as stateless in 2019).
According to EUROSTAT data, of 1,820 asylum applications filed in Portugal in 2019, 5 were stateless and 5 were of unknown nationality.
It is not clear on what basis stateless people are recorded in the statistics as there is no statelessness determination procedure in Portugal. Some evidence suggests that the data covers those issued with residence permits only. There are also overlapping categories, for example, the 2019 Immigration, Borders and Asylum Report included figures under the category 'Palestinians' (70 people - 43 male, 36 female), despite internal guidance that states that applicants for international protection identifying as Palestinian and Saharawi should be recorded in the statistics as 'stateless'.
UNHCR published a mapping study of statelessness in Portugal in 2018, but it noted that available data on the stateless population was limited so it does not provide an overall figure for the stateless population in the country.

Stateless in detention data

The Government does not routinely publish data on people held in immigration detention, and IOM reports that it does not have reliable data on the nationality status/statelessness of detainees.
Some data has been made available through reports by the Ombudsperson, UNHCR in its 2018 mapping study, and IOM. In a report of 2017, the Ombudsperson reported the number of people detained during the second semester of 2016 by region of origin but not by nationality/statelessness, although a category of 'unknown nationality' was included (35 people). UNHCR reported in its 2018 mapping study that of 184 detainees in Portugal's main detention centre 'Unidade Habitacional de Santo António' in Porto in 2016, 50 were ‘un-returnable’, and in 2017, 66 of 196 detainees were ‘un-returnable’.
Subsequent reports have not provided any similar or updated information.

Statelessness Determination and Status

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a stateless status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice.

There is no definition of a stateless person in Portuguese law, but since the 1954 Convention has direct effect, the convention definition applies. However, Portugal does not have a statelessness determination procedure nor any other administrative procedure through which statelessness can be determined. There is no stateless protection status nor specific rights attached to being considered stateless by the authorities. If a stateless person is eligible for international protection, they will be able to regularise their stay that way; but if not, they are likely to face barriers to regularisation without a valid travel document. There is an exceptional regularisation regime intended to address 'extraordinary situations' but this is discretionary and does not lead to a specific protection status. In theory, stateless people have access to the relatively flexible Portuguese nationality regime. However, in practice, requirements such as documentary evidence of identity, may hamper access to nationality.

Definition of a stateless person

There is no definition of a stateless person in domestic law, but the 1954 Convention has direct effect, so the convention definition and exclusion clauses apply.

Training

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UNHCR conducted a series of trainings for the Immigration & Borders Service (SEF), civil registration officials, and judges and prosecutors in 2018.
It is unclear whether training is provided on a regular basis to all relevant officials.
The Central Registry Office institutional training programmes include statelessness-related content in the context of nationality.
The Centre for Judiciary Studies did not include statelessness or related topics in its training plan for 2020/21.

Existence of a dedicated statelessness determination procedure (SDP)

Although stateless people may be encountered in the context of other administrative procedures, none amounts to formal identification or determination, and there is no stateless protection status nor specific rights attached to being considered stateless by the Portuguese authorities.

Procedures in which statelessness can be identified and other routes to regularisation

In cases where a stateless person is eligible for international protection, they will be able to regularise their presence on the territory through that route. While the number of stateless applicants for international protection is low, there is no record of specific challenges faced by this group when compared to applicants with a nationality.
Stateless people may be able to regularise their stay through general routes under the Immigration Act, but if they have not previously been identified as stateless by another State, they will likely face significant obstacles, for example, due to the need to present a valid travel document.
The Immigration Act also includes an exceptional regularisation regime intended to address 'extraordinary situations' where there are national interest, humanitarian, or public interest grounds, but this is discretionary and does not lead to a specific protection status. In its mapping study, UNHCR refers to data provided by SEF on the number of applications and residence permits granted for humanitarian reasons under this exceptional regime (for example, of 388 applications in 2016, 267 residence permits were granted), but there is no data on nationality/statelessness of the beneficiaries.
None of these procedures has statelessness determination as an objective, nor do they provide for any consequence nor rights on the basis of statelessness alone. Organisations working on related issues report challenges for stateless people or those at risk of statelessness to access any legal route to a residence permit.

Access to procedures

If a stateless person is simultaneously eligible for international protection, they will regularise their presence in Portugal through that route. Stateless applicants for international protection are entitled to the same rights as other applicants. While the number of applicants registered as stateless is low, there is no record of challenges faced by this group when compared to applicants with a nationality.
It may be possible for stateless persons to regularise their stay through general routes under the Immigration Act. However, stateless persons who have not previously been identified as such (i.e., by another State) will likely face significant obstacles in accessing such routes (for example, due to the need to present a valid travel document).
In the absence of a statelessness determination procedure, it is often difficult for entities providing legal assistance to refer people who have not previously been determined as stateless to adequate legal routes and assess their viability.

Assessment

Statelessness is not identified or assessed in any of the procedures available to stateless people to regularise their stay in Portugal.
Information on guidance for authorities on how to deal with statelessness in immigration or international protection procedures is not available.

Procedural safeguards

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According to the general rules on legal aid, stateless people are entitled to free legal aid if they have a valid residence permit in an EU Member State and can prove they have insufficient means.
Applicants for international protection are entitled to the right to free legal aid, and to benefit from the services of an interpreter when formalising the application for international protection and during the procedure.
The Immigration Act also expressly grants the right to free legal aid and to an interpreter to foreigners not admitted to the national territory, victims of human trafficking or of actions to facilitate illegal immigration, as well as to those intending to challenge a coercive removal decision in court. The right to free legal aid is also expressly granted to long-term residents who have been subject to a judicial expulsion decision.
The general rule is that administrative decisions must be delivered in writing, and that reasons must be given for certain administrative acts (including for negative decisions). Both the Asylum Act and the Immigration Act contain specific obligations for the Immigration and Borders Service (SEF) regarding this matter.

Protection

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The law does not provide for a specific status nor any rights to be granted to stateless people on the basis of their statelessness.
While access to healthcare is provided to all persons, regardless of their residence or documentation status, legal status may impact on applicable fees. Also, the right to education is guaranteed to all children.
Stateless people holding a residence permit under the Immigration Act are entitled to healthcare, education, work and vocational training, social security, access to justice and the courts, as well as family reunification. Nevertheless, according to the available information, stateless people will likely face significant obstacles in practice to regularise their stay under the Immigration Act.
Stateless beneficiaries of international protection have access to the same rights as other beneficiaries of protection, including residence, work, healthcare, education, social security, housing, and family reunification.
Only nationals of certain States residing in Portugal are entitled to vote in local elections if they are duly registered as voters. In certain cases, a residency period is also required. This link between the right to vote of non-Portuguese nationals and their nationality means it is unclear whether stateless people have the right to vote in Portugal.

Detention

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

There are gaps in protections to prevent the arbitrary detention of stateless people in Portugal. For example, there is no requirement that a country of removal is identified prior to detention and statelessness is not routinely considered juridically relevant in detention decisions. The Immigration Act implies that the least-restrictive effective measure should be applied in the consideration of detention for removal, but this is not explicit. In practice, judges consider the necessity and proportionality of detention, and voluntary return is more common than coercive removal. There are relatively strong procedural safeguards including a time limit, regular ex officio reviews, and access to legal aid. However, there are few protections on release from detention, although people receive a document confirming they were detained, and cumulative time spent in detention is counted towards the maximum time limit.

Immigration detention

Powers for immigration detention in Portugal are provided for in the Constitution, Immigration Act and Asylum Act.
There is no specific obligation in law to identify a country of removal prior to detention for removal, nor is statelessness routinely considered juridically relevant in decisions to detain. There is little general awareness of the relevance of statelessness to detention decision-making. Given the low awareness and lack of mechanisms to identify and determine statelessness, it is likely that stateless people are detained in practice.
There is no clear legal provision stating that detention should be a measure of last resort after all alternatives have been exhausted, but the structure of the Immigration Act implies that the least-restrictive effective measure should be applied in each individual case.
There is no specific requirement in the Immigration Act to undertake a vulnerability assessment in the context of a decision to detain, and statelessness is not routinely considered a factor impacting on detention decision-making in practice. Portugal received a recommendation from the UN Human Rights Committee in 2020 that it establish an effective mechanism for the identification of stateless people in the context of international protection procedures.
During the COVID-19 pandemic applicants for international protection detained at the border were released, and, at the time of publication, applicants were not being subject to detention at the border.

Identification of statelessness

coming soon

Information and analysis coming soon

Procedural safeguards

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Under the Immigration Act, detention can only be maintained for the time needed to carry out the removal order and cannot exceed 60 days. People who have been released can be subject to an additional detention period of 30 days. Detention under the Asylum Act is also subject to a 60-day time limit.
Detainees are informed of the reasons for detention and provided with legal information. This is information of technical nature and sometimes it is reportedly not provided in a language they understand.
People detained in the ‘Unidade Habitacional de Santo António’ (UHSA) receive written and oral information about their rights and duties from centre management, IOM and the Jesuit Refugee Service.
There are regular, periodic ex officio reviews of detention before a court every eight days, and a person detained for irregular entry/presence on the territory must be brought before a judge within 48 hours.
The law establishes that detained asylum seekers must be informed in writing and in a language they understand (or are expected to understand) of the grounds of detention, possibility to appeal and the right to legal aid in order to do so. While the documents pertaining to the asylum application include a reference to the legal framework on detention of asylum seekers within border procedures, information is not available regarding the specific provision of detailed information regarding detention.
Under the Immigration Act, people refused entry or subject to removal have the right to legal aid subject to a means test, on the same basis as nationals. In practice, access to legal aid within the context of removal procedures is generally fast and straightforward in the UHSA, but lack of funds to cover the costs of interpretation and difficulties accessing detainees' files (which may remain in their place of former residence) are potential barriers.
In 2020, the Ministry of Interior, Ministry of Justice, and Bar Association signed a cooperation protocol to ensure provision of legal assistance to people refused entry at the border, but no further information is available about how this will be implemented.
Information on the rules governing the process of re-documentation/ascertaining nationality is not available.

Protection on release

People released following expiry of the maximum detention period are issued with a document proving they have been detained, but it is not clear if this provides access to any other rights and for what purposes it can be used.
The law does not establish a legal status for people released from detention. In the case of applicants for international protection, their status will depend on the outcome of the asylum procedure.
Cumulative time spent in detention is counted towards the maximum time limit.

Return and readmission agreements

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According to available information, Portugal has entered into seven bilateral readmission agreements and is party to EU protocols with Russia, Serbia and Albania.
In general, the agreements provide for the readmission of nationals and people who can clearly be presumed to be nationals based on ‘strong indications.’
The agreement with Hungary clearly establishes that there is no obligation on the contracting parties to readmit stateless people as defined in the 1954 Convention.
The agreement with Lithuania establishes that a contracting party must on request readmit a stateless person who has entered the territory with a travel document issued by the requesting state.

Prevention and Reduction

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Portugal presents some good practice on the prevention and reduction of statelessness, but there are some remaining gaps. There is a safeguard for the acquisition of nationality at birth by a child born on the territory who would otherwise be stateless, but in practice, evidence of statelessness may be required, and the burden of proof lies with the child. However, successive recent amendments to the Nationality Act have broadened the scope for children born in Portugal to foreign parents to acquire nationality at birth. Infant foundlings are presumed to have been born in Portugal unless proven otherwise and acquire Portuguese nationality. The same procedure is followed for older children in practice. There is no risk of statelessness in adoption procedures, and no discriminatory conditions on the acquisition of nationality by children born to nationals abroad, although registration with the Portuguese authorities is required. The registration of all births in Portugal is mandatory and facilitated even if parents cannot prove their identity or miss the registration deadline. A free birth certificate is issued upon registration and only the nationality of non-Portuguese parents is noted. Neither deprivation nor renunciation of nationality is permitted where it would result in statelessness.

Naturalisation

While there is no specific naturalisation regime for stateless people, in theory, stateless people have access to the relatively flexible Portuguese nationality regime. However, in practice, residence and procedural requirements, such as documentary evidence of identity, may hamper access to nationality.
There is a facilitated naturalisation regime in the Nationality Act for people who lost their Portuguese nationality and never acquired another one (exemption from legal residence and language requirements).
Other facilitated naturalisation regimes may be relevant to stateless people or those at risk of statelessness.
A criminal conviction of three years or more is a barrier to naturalisation.

Stateless born on territory

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The law provides for the automatic acquisition of nationality by children born on the territory who do not have another nationality.
There is no requirement for a period of legal residence of the child or parents and no age limit.
Regulations establish that the acquisition of Portuguese nationality is automatic if the person is born on national territory and it is registered in their birth certificate that they do not hold another nationality (which it must be, if this is proven).
In practice, if the parents are not previously registered as stateless and hold a document identifying them as such, statelessness must be proven through statements from relevant consular authorities and the burden of proof lies on the child/their representative.
The law does not require the parents to be stateless, but in practice, the application of the safeguard is much more straightforward when parents are documented as stateless.
The provision in the Nationality Act for children born on the territory to foreign parents was widened in scope in 2020. A child now acquires Portuguese nationality at birth if at least one of the parents legally resides in the country at the time of birth or one of the parents resides in Portugal for at least one year at the time of birth (regardless of residence status).

Foundlings

According to the Nationality Act, new-born foundlings are presumed to have been born in Portugal unless proven otherwise and, in practice, nationality is established at birth registration.
While according to the available information, in practice, the same procedure is adopted in the case of older children of unknown parentage whose apparent age is under 14, or people who are intellectually disabled whose parents, known or unknown, are absent and their whereabouts are unknown, such practice results from the application by analogy of legal provisions on birth registration.
Nationality cannot be withdrawn from foundlings.

Adoption

Portuguese nationality can only be withdrawn in cases of voluntary renunciation or fraudulent acquisition, so adoption by foreign parents does not affect the Portuguese nationality of the child.
Acquisition of nationality by a child adopted by Portuguese nationals is automatic in the case of a full adoption. If the adoption was determined under the Hague Convention, the Institute of Social Security is responsible for communications for the purposes of nationality acquisition; if it was otherwise determined by a foreign court, the final decision must be reviewed and confirmed by the competent national court. If the full effect of the adoption is not mentioned in the original decision, additional judicial steps may be required.
There is no age limit on acquisition of nationality by adoption so long as the full adoption took place while the person was under 18.

Ius sanguinis

A child born to nationals abroad is Portuguese if the parents are abroad at the Service of the Portuguese Republic. In other cases, the child is Portuguese if their birth is registered in the Portuguese Civil Registry or if they (or their representative) declare willingness to be Portuguese through submitting a request to the competent consular authority for registration along with proof of Portuguese nationality of one of their parents.
There are no discriminatory conditions.
During the COVID-19 pandemic, an email procedure was introduced and the registration procedure is expected to move online soon. The Ombudsperson has recommended that where children born to Portuguese nationals abroad have no other nationality, requests should be prioritised to avoid statelessness.

Birth registration

The law establishes that birth registration is mandatory irrespective of the status of the parents. If parents cannot provide an identity document, this can be replaced by the testimony of two witnesses.
Births must be declared in a civil registry office within 20 days or, if it took place in a medical facility where declaration is possible, before medical discharge of the mother. The duty to report the birth applies successively to: the parents or other legal representative of the child or person empowered to do so; the closest relative who is aware of the birth; the director/administrator or other official of the medical facility where the birth took place/was declared.
It is possible to register the birth of a child in all public hospitals and maternities as well as in some private hospitals. Where applicable, it is also possible to request the national identity document for the child immediately. However, these services have been (temporarily) suspended during the COVID-19 pandemic. Birth registration continued to be performed in civil registry offices in urgent cases upon appointment. Since 13 April 2020, birth registration can be performed online.
Late birth registration is possible but may be subject to a fine of between 50-150 EUR for an individual, and 150-400 EUR for a legal person. However, if the declaration is voluntarily performed before the legal process begins, the fine is not applied, and fines are generally not enforced in practice. When the birth occurred more than a year ago, it can only be voluntarily reported by one of the parents, by the person responsible for the child or by the person concerned if they are over 14 years old. If possible, the parents must be heard even if they are not the ones reporting the birth. If the birth occurred more than 14 years ago, two witness are required for late birth registration. If possible, a document confirming the truthfulness of the declaration must be presented. The official performing the registration may require/perform additional inquiries. Deadlines for birth registration were suspended during the COVID-19 pandemic.
A free birth certificate (either digital or on paper) is issued to all children upon registration.
The nationality of the child is not recorded on the birth certificate. The law does not provide for a nationality determination procedure. According to the Nationality Regulation, the birth registration of a child born to non-Portuguese parents must indicate the nationality of the parents or the fact that their nationality is unknown.
There are no mandatory reporting requirements that would deter undocumented migrants from registering the birth of a child.

Reducing in situ statelessness

Portugal acceded to the two statelessness conventions in 2012.
The successive amendments to the Nationality Act have been generally positive in terms of avenues for acquisition of Portuguese nationality.
With regards to birth registration, Nascer Cidadão ('Born a Citizen'), a joint initiative of the Ministry of Justice, Ministry of Solidarity & Social Security, and Ministry of Interior, promotes birth registration by enabling all births in public hospitals and maternity wards, as well as some private hospitals, to be registered on site, and where applicable, national ID cards to be requested immediately (this initiative is currently temporarily suspended due to the COVID-19 pandemic).
UNHCR's 2018 mapping study identified 9 main types and causes or risks of statelessness in Portugal including the impact of decolonisation on the nationality of people born in the former colonies, and the nexus between forced displacement and statelessness.
At the Global Refugee Forum in 2019, Portugal pledged to "establish mechanisms to identify, protect, prevent and reduce statelessness in Portugal” and to “provide the issuance of Convention travel documents for refugees and stateless persons according with international standards”. Also in 2019, it introduced a National Plan for the Implementation of the Global Compact for Migration, which included measures to address statelessness.

Deprivation of nationality

The Portuguese nationality regime permits deprivation of nationality only in cases of fraudulent acquisition and there is a safeguard against statelessness. Provisions do not apply where it would result in statelessness.
In cases of renunciation of nationality, the law requires that the person presents documentary proof of another nationality before being able to renounce Portuguese nationality.
There are no provisions on deprivation of nationality on national security grounds, and no provisions that could be considered discriminatory.

Resources

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Jul 2020)

UNHCR - Mapping Statelessness in Portugal (Oct 2018)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

Additional resources

ASSESSMENT KEY

ADDITIONAL INFO

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