Macau pre-handover connection (jus soli pre-1981 / jus sanguinis 1981-1999)

PT-HIS-04 addresses the Portuguese nationality status of persons connected to Macau, the former Portuguese overseas territory transferred to Chinese administration on 20 December 1999 (after 442 years of Portuguese presence). The route operates across three distinct sub-periods, each governed by a different nationality rule, and extends into the present through the jus sanguinis descent chain.

Macau's nationality history under Portuguese law has three phases:

• Pre-21-11-1981 (Jus soli phase): Before Lei 37/81 entered into force in Macau, persons born in Macau could acquire Portuguese nationality on a jus soli basis under the former nationality framework. Lei 37/81 entered into force in metropolitan Portugal on 3 October 1981, but its extension to Macau took effect on 21 November 1981.

• 21-11-1981 to 19-12-1999 (Jus sanguinis phase): After Lei 37/81 entered force in Macau, the jus soli basis for Macau-born persons gave way to the jus sanguinis framework of Art 1 Lei 37/81. Persons born in Macau during this period could acquire Portuguese nationality if a parent was Portuguese.

• From 20-12-1999 (Transfer to China — vested rights and descent): With the transfer of sovereignty on 20 December 1999, no new Portuguese nationality could be acquired through a Macau connection. However, persons who held Portuguese nationality on 19 December 1999 (either by jus soli in the pre-1981 period, by jus sanguinis 1981–1999, or by registration/declaration) retained it and continue to transmit it to descendants through the general jus sanguinis chain of Art 1 Lei 37/81.

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Portuguese nationals who had validly acquired or held Portuguese nationality as of 19 December 1999, whether by jus soli (pre-21-11-1981), jus sanguinis (21-11-1981 to 19-12-1999), or by registration/declaration — continue to hold it. No action is required to "retain" already-held nationality.

Track B — Pre-21-11-1981 birth in Macau (jus soli phase)

Persons born in Macau before 21 November 1981 — the EIF of Lei 37/81 in Macau — may have acquired Portuguese nationality on a jus soli basis under the former nationality framework then applicable. The specific mechanism depends on the law in force in Macau at the time of birth. These persons, if they hold Portuguese nationality (whether or not it has been formally registered), hold vested rights from their original acquisition.

Track C — Birth 21-11-1981 to 19-12-1999 (jus sanguinis phase)

Persons born in Macau between 21 November 1981 and 19 December 1999 acquire Portuguese nationality under Art 1(1)(a)-(c) Lei 37/81 IF one of their parents was Portuguese at the time of birth. The jus sanguinis basis is the same as for metropolitan Portugal; being born in Macau during this period does not in itself confer Portuguese nationality absent a Portuguese parent.

Track D — Descendants of Macau-connected Portuguese nationals (post-1999)

No new Portuguese nationality can be acquired through a Macau connection after 19 December 1999. From that date, Macau is treated as "abroad" for the purposes of Lei 37/81. Descendants of Track A/B/C holders access Portuguese nationality through the general jus sanguinis chain:

• Children (filhos): Art 1(1)(c) — PT-DSC-01
• Grandchildren (netos): Art 1(1)(d) — PT-DSC-02 (with effective-links battery under W7 LO 1/2026)
• Great-grandchildren (bisnetos): Art 6(8) + 5y residence — PT-DSC-03

Macau Permanent Resident status — DISTINCT

Macau Permanent Resident status (under the Macau Basic Law, Chapter III) is a separate and distinct status from Portuguese nationality. Macau PR status allows right of abode in Macau but is not Portuguese nationality. Portuguese nationals who are also Macau PRs hold both statuses; these are not the same thing.

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The person already holds Portuguese nationality. They need no new acquisition step — only confirmation and registration in the Portuguese RNP if not already recorded. Required documents:

1. Current identity documents
2. Evidence of prior Portuguese nationality (Portuguese passport, prior civil registry certificate, or Portuguese ID issued in Macau)
3. Filing with CRC/IRN for RNP inscription if not yet inscribed

For Track B (pre-1981 jus soli):

Similar to Track A — the acquisition (if valid at the time) is already complete. Documentation:

1. Birth certificate from Macau civil registry (Portuguese-era records)
2. Any Portuguese identification documents issued during the Portuguese administration era
3. CRC/IRN verification and RNP inscription

For Track C (jus sanguinis 1981–1999):

1. Birth certificate from Macau civil registry (1981–1999)
2. Parent's Portuguese nationality documents (confirming a parent held Portuguese nationality at birth)
3. Filing under Art 1(1)(c) (registration or declaração de querer ser português) — PT-DSC-01 mechanism

For Track D (descendants post-1999):

Follows the applicable DSC route: PT-DSC-01, PT-DSC-02, or PT-DSC-03, depending on the generation. PT-HIS-04 is the historical route for the original connection; descendants use the standard descent routes.

Government fees (): Standard CRC/IRN fees; specific amounts to be confirmed.

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Process:

1. Identify the applicable Track (A/B/C — vested rights or jus sanguinis; D — descent)
2. Assemble civil registry documents from the Macau era (Portuguese civil registry records, baptism/church records, Portuguese IDs)
3. Contact CRC/IRN or Portuguese Consulate in Hong Kong for current procedural requirements
4. File registration or declaration as applicable to the track
5. Macau civil registry records from the Portuguese era are archived; some may be available via the Arquivo Histórico de Macau (AHM) in Macau or through the Portuguese side of records maintained during the administration

Appeals: Administrative courts / Supremo Tribunal Administrativo (STA).

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• Lei n.º 37/81, de 3 de outubro, as extended to Macau (EIF in Macau 21-11-1981) — Art 1 (jus sanguinis basis from EIF in Macau; pre-1981 jus soli under prior framework) — [S-PGDL-CONS, T1; S-C27 (T3), S-C28 (T2), S-C29 (T2)]
• Lei 25/92 (referenced — text not retrieved, ) — may govern transitional provisions at handover
• Lei 7/84 (referenced — text not retrieved, ) — Macau-specific nationality matters
• LO 1/2026 (DR 95/2026 Série I, 18-05-2026; EIF 19-05-2026) — no Macau-specific changes; general jus sanguinis chain unchanged — [S-C36 (T3), S-PGDL-CONS (T1)]

Historical framework:

Macau's formal status as a Portuguese overseas territory (Território de Macau) was governed by Lei Básica (Basic Law 29-03-1993) for the transition. Portugal ceded administrative sovereignty of Macau to China on 20 December 1999 (Handover, Chinese: 回歸). The Handover was negotiated via the Sino-Portuguese Joint Declaration (1987; Decreto n.º 54/87, de 3 de novembro).

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