Naturalisation — former nationals (Art 6 n.6)

Art 6 n.6 of Lei 37/81 (as numbered in the LO 1/2026 consolidated text) provides a special discretionary naturalisation route for former Portuguese nationals who (a) lost their Portuguese nationality, (b) never subsequently acquired any other nationality, and (c) maintain effective community links (laços de efetiva ligação à comunidade nacional). The Government may grant naturalisation with dispensation from two of the ordinary Art 6 n.1 conditions: the residence requirement (alínea b) and the language/culture condition (alínea c). The route is distinct from Art 4 reacquisition (route PT-RST-01) and from the general minor-naturalisation route (Art 6 n.2, route PT-NAT-05).

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| Criminal bar (alínea f) | Applies — no final conviction to effective imprisonment exceeding 3 years for enumerated crimes (Decl. Retif. 17/2026) | | Security threat (alínea g) | Applies — no documented security threat to the State | | UN/EU restrictive measures (alínea h) | Applies — not subject to measures under Lei 97/2017 |

| Discretion | Government (Ministério da Justiça) retains full discretion even where technical criteria are met |

Cohort: Former Portuguese nationals who never became citizens of another state after losing their Portuguese nationality. This is a narrow and specific cohort — persons who have been stateless or of uncertain nationality status since losing their Portuguese citizenship.

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1. Proof of prior Portuguese nationality: birth certificate with notation of Portuguese nationality, or prior Portuguese passport/Cartão de Cidadão, or judicial/administrative record of prior Portuguese national status.

2. Evidence of loss of nationality: documentation of the event/act giving rise to loss of nationality (administrative order, court decision, or historical record under prior nationality codes).

3. Evidence of no subsequent nationality acquisition: sworn declaration + any supporting documents (no foreign passport, no foreign naturalisation certificate); the burden of proof is on the applicant.

4. Application to IRN/Ministério da Justiça: The naturalisation request is addressed to the Ministério da Justiça (via IRN/CRC).

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• IRN / Conservatória dos Registos Centrais (CRC): receives and processes naturalisation files
• Ministério da Justiça: decision-maker (Ministro da Justiça exercises discretion)
• Ministério Público (MP): oversight function within the naturalisation procedure
• Administrative courts / Supremo Tribunal Administrativo: appeals against refusals (since LO 2/2006)

Process overview:

1. Prepare documentary file demonstrating prior Portuguese nationality, loss event, absence of subsequent nationality acquisition, and effective community links.
2. File application at IRN/CRC or via the Ministry of Justice online portal.
3. IRN examines the file and may request further information.
4. Ministério da Justiça assesses at ministerial discretion.
5. If approved, the naturalisation is recorded at the IRN/CRC in the Registo Nacional de Cidadãos (RNC) and a Cartão de Cidadão can be obtained.
6. If refused, appeal to the administrative court (Tribunal Administrativo e Fiscal) / STA.

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• Art 6 n.6 Lei 37/81 (LO 1/2026): discretionary Government grant of naturalisation to former Portuguese nationals who lost nationality, never acquired another, and maintain effective community links. Dispensation from alínea b) (residence requirement) and alínea c) (language/culture condition).

• Discretionary nature: "O Governo pode conceder" — the Government "may" grant, not "shall". Ministerial discretion (Ministro da Justiça) applies.

Relationship to Art 4 reacquisition (PT-RST-01):

Art 4 LN governs reacquisition of nationality by a former national who voluntarily renounced (Art 8). Art 6 n.6 governs naturalisation where loss occurred through other means (e.g., historical automatic-loss provisions, expatriation under prior law, or administrative cancellation). The key distinction is the mechanism of loss:

• Art 4 (PT-RST-01): applies where loss was via Art 8 voluntary renunciation. Reacquisition by declaração. No residence or integration test required.
• Art 6 n.6 (PT-NAT-06): applies where loss was not voluntary renunciation — or where Art 4 is unavailable — and the person never acquired another nationality since. Naturalisation concessão with discretion.

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