Neto naturalisation — old Art 6(4) track [SUPERSEDED by LO 9/2015]

From the founding of Lei 37/81 in 1981 until the enactment of LO 9/2015 on 29 July 2015, grandchildren (netos) of Portuguese nationals wishing to obtain Portuguese nationality were required to apply for naturalisation under Art 6(4) of Lei 37/81. This was a concessão (discretionary grant by the Government) — not an attribution as of right — and was subject to ordinary naturalisation conditions, including residence and integration criteria in force at the time of the application.

LO 9/2015 (DR 144/2015 Série I, 29-07-2015) made a structural change: it introduced Art 1(1)(d) into Lei 37/81, converting the grandchild route from a concessão (naturalisation) to an atribuição (attribution as of right). Simultaneously, LO 9/2015 Art 2 retroactively reclassified all persons who had obtained Portuguese nationality under the old Art 6(4) route as portugueses originários, with the practical consequence that their children are now treated as filhos de português under Art 1(1)(c) rather than as netos requiring Art 1(1)(d).

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The former Art 6(4) regime required:

1. The applicant to be a grandchild (neto) of a Portuguese national.
2. Application for naturalisation addressed to the Government.
3. Conditions under the naturalisation provisions in force at time of application (varying by era — naturalisation requirements evolved through W2-W5 amendments).
4. Discretionary approval by the Government.

No longer applicable to new applications.

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Not applicable for new applicants. This route is superseded.

For persons who naturalised under old Art 6(4) and need to confirm their current legal status:

• Their nationality is now originária (LO 9/2015 Art 2 retroactivity).
• They may obtain or renew a Cartão de Cidadão without restriction.
• Their children may claim Art 1(1)(c) (PT-DSC-01) — no generational link through Art 1(1)(d) required.
• Contact IRN/CRC for any registry re-classification questions.

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The former Art 6(4) naturalisation was processed by the Ministério da Justiça and registered with the IRN/Conservatória dos Registos Centrais. Appeals went to the administrative courts; since LO 2/2006 the Supremo Tribunal Administrativo is the appellate body.

For questions about the reclassification effect of LO 9/2015 Art 2, contact IRN/CRC or consult a Portuguese nationality lawyer.

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• Art 6(4) Lei 37/81 (as in force W2-W5, prior to LO 9/2015): naturalisation of grandchildren (netos) of Portuguese nationals. Concessão discretionary; subject to naturalisation conditions in force.
• LO 9/2015, de 29 de julho, Art 1: introduced Art 1(1)(d) (grandchild attribution route).
• LO 9/2015, de 29 de julho, Art 2: "Os cidadãos que tenham adquirido a nacionalidade portuguesa nos termos do artigo 6.º, n.º 4 [former regime], da lei da nacionalidade, anteriormente à entrada em vigor da presente lei, passam a ser considerados portugueses originários." This retroactivity provision is the load-bearing legal fact for the W4 lifecycle.

Effect of retroactivity:

• Persons who obtained Portuguese nationality under old Art 6(4) before LO 9/2015 EIF (29-07-2015) were re-classified as originários by statute.
• Their children, who would have been categorised as "grandchildren" under the old chain, are reclassified as filhos de português originário — they acquire nationality under Art 1(1)(c) (PT-DSC-01), not Art 1(1)(d) (PT-DSC-02).
• Their grandchildren in turn use Art 1(1)(d) (PT-DSC-02) as the 2nd-degree lineal standard.

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