Third-generation jus soli — parent also born in Portugal (Art 1(1)(e))

PT-BTH-02 is the unconditional third-generation jus soli route under Portuguese nationality law. It confers Portuguese nationality automatically — by attribution, without any declaração de vontade — on children born in Portugal where at least one parent was also born in Portugal and resided there at the moment of the child's birth, regardless of residence title or immigration status.

The route operates under Art 1(1)(e) of Lei 37/81, which has been in force since LO 2/2006 introduced the third-generation mechanism. Lei Orgânica 1/2026 (EIF 2026-05-19) left Art 1(1)(e) unchanged; it is currently operative in its W3 form.

This route is distinct from the conditional jus soli route at Art 1(1)(f) (PT-BTH-01), which requires five years of legal residence and an opt-in declaração. The critical difference: Art 1(1)(e) applies where a parent was BORN in Portugal, triggering automatic attribution irrespective of parental immigration status. Art 1(1)(f) applies where no parent was born in Portugal, triggering a conditional, opt-in mechanism.

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A child born in Portugal acquires Portuguese nationality under Art 1(1)(e) if all of the following conditions are satisfied at the moment of birth:

1. Child born in Portugal — birth must occur in Portuguese territory (including Azores and Madeira; no separate nationality attaches, CRP Art 225(3)).

2. At least one parent also born in Portugal — at least one progenitor must have been born in Portuguese territory. The parent's current nationality is not relevant; what matters is the geographic fact of birth in Portugal.

3. That parent resided in Portugal at the moment of the child's birth — residence is required at birth, but no minimum duration is specified and no legal title is required ("independentemente de título"). A parent physically present and residing in Portugal — even on an expired permit, tourist entry, or no formal status — satisfies this limb.

4. Parent not in service of home State — by analogy with Art 1(1)(f), and consistent with the general diplomatic-immunity carve-out, a parent in Portugal in the service of a foreign State is excluded. This exclusion applies across all Art 1(1) jus soli provisions.

5. No declaração required — the attribution is automatic. The parent need not file any opt-in declaration. Registration of the birth in the Portuguese civil registry triggers the noting of nationality as a matter of course.

Key distinction from PT-BTH-01 (W7 conditional jus soli): PT-BTH-01 requires (a) that the qualifying parent was NOT born in Portugal, and (b) that they hold five years of legal residence with an opt-in declaração. PT-BTH-02 requires (a) that the qualifying parent WAS born in Portugal, and (b) residence of any title — no duration minimum, no legal-title requirement, no declaração.

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Because Art 1(1)(e) operates automatically, no application for nationality per se is required. The primary administrative act is birth registration, which creates the record from which nationality is noted. Documents typically required at the Conservatória dos Registos Centrais:

• Child's birth certificate — or, for births outside Portugal, registration of the foreign birth certificate at the competent Portuguese Conservatória or consular post.
• Parent's birth certificate evidencing birth in Portugal — establishing the key factual condition.
• Evidence of parental residence in Portugal at the time of child's birth — given the "any title" standard, broad documentation is accepted: foreign national identity card or passport with an entry/residence notation, local registration (recenseamento), SNS utente card, employer letter, school enrolment, or any credible evidence of physical presence. The standard is factual residence, not legal status.
• Parent's identification document — passport or national identity card.
• Declaration of non-service-of-foreign-State — may be required formally or may be implicit where no diplomatic accreditation is evident.

No language certificate, civics examination, solemn declaration, criminal record check, or financial means proof is required under Art 1(1)(e). These conditions pertain to naturalisation (Art 6), not attribution (Art 1).

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Process:

1. Register the child's birth at the competent Conservatória or, for overseas births, at the nearest Portuguese consular post or by postal application to the CRC.
2. Present the documentary package establishing birth in Portugal, parental birth in Portugal, and parental residence in Portugal at birth.
3. The CRC notes the nationality on the birth registration as originária (attributed). No separate nationality application is filed; attribution occurs as a function of the registration.
4. A Certidão de Nascimento (birth certificate) issued by the CRC will reflect Portuguese nationality.

Appeals: Adverse decisions by the CRC (e.g., refusal to note nationality on the ground that conditions are not met) are appealed to the administrative courts, and ultimately to the Supremo Tribunal Administrativo (STA), not the civil courts (STJ). This appeals route was confirmed by LO 2/2006.

AIMA (Agência para a Integração, Migrações e Asilo) has no role in jus soli attributions; it governs residence permit matters.

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Art 1(1)(e), Lei 37/81 (LO 2/2006 redação, unchanged by LO 1/2026): third-generation Portuguese nationality attributed automatically to children born in Portugal where one parent was also born in Portugal and resided there at the time of the child's birth — "independentemente de título" (regardless of residence title).

: The verbatim LO 1/2026 DR 95/2026 Série I text for alínea (e) was not independently extracted at T1 in this cascade. The pgdlisboa.pt consolidated text (13ª versão, S-PGDL-CONS) confirms the provision is unchanged. No discrepancy identified in any source.

Constitutional Basis

CRP Art 164(f): nationality is the exclusive non-delegable competence of the Assembleia da República, exercised by organic law (Art 166(2)). Art 1(1)(e) is codified in Lei 37/81, an organic law; its application by the IRN/CRC is purely implementing, not supplementary.

Effect of Acquisition

Attribution under Art 1(1)(e) confers originária Portuguese nationality with effects ex tunc from the moment of birth (Art 11, Lei 37/81). The child is regarded as having been Portuguese from birth, not merely from the date of registration.

The provision operates "independentemente de título" — regardless of whether the parent holds a valid residence permit, is an irregular migrant, or holds any other immigration status. This unconditional formulation is its defining feature and distinguishes it from all other jus soli provisions in Lei 37/81.

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