Minor naturalisation — born in PT, parent 5-year residence (Art 6 n.2)

PT-NAT-05 is the minor naturalisation route for children born in Portugal to foreign parents where, at the moment of the naturalisation request, one parent has held legal residence in Portugal for at least five years. This is a naturalisation (concessão) route, not a jus soli attribution: nationality is not automatic at birth but must be applied for and is assessed as of the date of the application.

This route is governed by Art 6(2) of Lei 37/81 in the redação of LO 1/2026. The parental residence threshold was raised from one year (the W5 standard under LO 2/2020) to five years by LO 1/2026, effective 19 May 2026. For applications pending at the IRN by electronic submission on or before 18 May 2026, the prior one-year threshold applies (LO 1/2026 Art 7 transitional provision).

Critical distinction from PT-BTH-01 (conditional jus soli): PT-BTH-01 (Art 1(1)(f)) is an attribution route: it confers nationality automatically at birth (with an opt-in declaração from W7), assessed against conditions existing at the moment of birth. PT-NAT-05 (Art 6(2)) is a concessão route: it is assessed at the moment of the application, not at birth, and the five-year parental residence is assessed against the residence situation when the application is filed. The two routes can overlap in practice (a child born in Portugal to a parent with five years of legal residence could potentially qualify under both), but they are legally distinct mechanisms with different legal effects — attribution (originária, ex tunc) vs. naturalisation (acquired, from the date of grant).

The procedure is free of charge under Art 6(12).

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For applications filed from 2026-05-19 (W7), Art 6(2) concessão requires:

1. Minor status — the applicant must be a minor (under 18) at the time of the request.

2. Born in Portugal — the child must have been born in Portuguese territory (including Azores and Madeira; CRP Art 225(3)).

3. Foreign parents — both parents are foreign nationals (not Portuguese). If one parent is Portuguese, the child likely qualifies under Art 1(1)(a) or (c) (jus sanguinis attribution) rather than this route.

4. One parent with five years of legal residence at the moment of the request — the five-year threshold is assessed at the date the application is filed, not at the date of the child's birth. Legal residence means documented residence under a valid residence title (Título de Residência) issued by AIMA (or its predecessor SEF). Gaps in legal status may affect the continuity calculation.

5. Enrolled in or attending mandatory schooling (A2/schooling condition) — the minor must be enrolled in and attending the mandatory school system in Portugal. This reflects the integration rationale for the route.

6. If past the age of criminal responsibility: Art 6(1)(e)-(h) conditions apply — if the minor is of an age at which criminal responsibility applies under Portuguese law, the following must also be satisfied:

• Art 6(1)(e): Solemn declaration of adherence to the fundamental principles of the democratic rule-of-law State (adapted to minor's capacity).
• Art 6(1)(f): No conviction to effective imprisonment exceeding three years for enumerated crimes (terrorism, violent/especially-violent, highly organised crime, crimes against State security, aiding illegal immigration) — rectified by Declaração de Retificação 17/2026/1; rebuttable presumption per Art 6(14).
• Art 6(1)(g): No security threat.
• Art 6(1)(h): Not subject to UN or EU restrictive measures under Lei 97/2017.

7. Procedure is free — no application fee under Art 6(12).

Assessment moment: All conditions (save the solemn declaration, which is adapted for minors) are assessed at the moment the application is submitted. The five-year parental residence is the operative anchor; if the parent reaches five years of legal residence after the child turns 18, the child can no longer use this route.

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Documents for a PT-NAT-05 application:

1. Application form — standard naturalisation application form from the IRN.
2. Child's birth certificate — evidencing birth in Portugal (assento de nascimento issued by the Portuguese CRC, or foreign birth certificate registered with the CRC).
3. Child's valid identification document — passport or identity card.
4. Qualifying parent's legal residence documentation — Título de Residência (residence card) issued by AIMA (or predecessor SEF), showing continuous legal residence for at least five years. Ancillary documents (work contracts, tax records, social security records) may be required to establish continuity.
5. Proof of school enrolment/attendance — school certificate or declaration from the educational establishment confirming the child is enrolled in and attending mandatory schooling.
6. Qualifying parent's identification document — passport or equivalent.
7. If past age of criminal responsibility: criminal record certificate (registo criminal) or declaration; solemn declaration adapted to minor's capacity.
8. No language certificate required — Art 6(1)(c) (language/culture) and Art 6(1)(d) (civics test) are not listed as required conditions for Art 6(2) minors; only Art 6(1)(e)-(h) apply where the criminal-responsibility age is reached.

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Process:

1. File application at the competent Conservatória or via the IRN portal (irn.justica.gov.pt).
2. Submit the documentary package (child's birth certificate, parental residence proof, school enrolment, identification documents).
3. The CRC assesses the application against the Art 6(2) criteria as of the date of filing.
4. If granted, the naturalisation decree is issued by the Ministério da Justiça (delegated from the Government) and the child's nationality is registered.

The Ministério Público does not have a mandatory initiation role under Art 6(2) (unlike Art 6(4) for children in state care, where the MP must initiate). The application is filed by the parent or legal guardian.

Appeals: Adverse decisions lie to the administrative courts and, on further appeal, to the Supremo Tribunal Administrativo (STA), not the STJ.

Cost: Free of emoluments under Art 6(12). Standard document certification and translation costs may apply to supporting documents.

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Art 6(2), Lei 37/81 (LO 1/2026 redação): Portuguese nationality may be conferred by naturalisation on minors born in Portugal to foreign parents, provided that, at the moment of the request, one of the parents has legally resided in Portuguese territory for a minimum of five years.

Art 6(12), Lei 37/81 (LO 1/2026): The naturalisation procedure for minors under Art 6(2) is free of emoluments.

** note (PT-VC-005 FATAL):** The prior one-year parental residence threshold (W5, LO 2/2020) is superseded for new applications from 2026-05-19. Applications filed on or after this date require five years of legal parental residence. The one-year threshold remains operative only for applications pending at IRN by electronic submission on or before 18 May 2026.

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 6(2) is codified in Lei 37/81, an organic law.

Effect of Acquisition

Naturalisation under Art 6(2) confers acquired (not originária) Portuguese nationality. Effects run from the date of the grant/registration (Art 12, Lei 37/81), not ex tunc from birth (contrast with Art 1 attributions under Art 11). This distinction matters for the subsequent transmission of nationality: a minor naturalised under Art 6(2) is a Portuguese national but NOT a português originário, meaning their children born abroad after the naturalisation must register or declare under Art 1(1)(c) — they are not automatically included in Art 1(1)(a) or (b).

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