Reacquisition of nationality — voluntary (Art 4)

PT-RST-01 is the reacquisition route for former Portuguese nationals who voluntarily lost their Portuguese nationality through the Art 8 renunciation mechanism and now wish to recover it. Reacquisition is made by declaration (declaração de vontade) filed with the IRN/Conservatória dos Registos Centrais (CRC) and carries no statutory residence requirement under the published statute.

This route is narrow in scope because loss of Portuguese nationality itself is strictly limited. Under Lei 37/81 as confirmed by LO 1/2026, the only statutory mechanism for loss of Portuguese nationality is voluntary renunciation under Art 8 — a declaratory act by a dual national expressing the wish not to be Portuguese. There is no automatic loss, no loss by prolonged foreign residence, no loss for foreign military service, and no criminal accessory-penalty loss. TC Acórdão 1134/2025 (Proc. 1384/2025, Plenário, 15-12-2025, DR Série I n.º 1, 02-01-2026) definitively struck the proposed Código Penal Art 69-D perda de nacionalidade pena acessória on equality, proportionality, and culpa grounds. The practical universe of persons eligible for PT-RST-01 is therefore persons who made an affirmative declaração de renúncia under Art 8.

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All of the following must be satisfied as at the date of the reacquisition declaration:

1. Former Portuguese nationality: The applicant must have held Portuguese nationality at some point and must have lost it specifically through the voluntary renunciation mechanism under Art 8 Lei 37/81 (i.e., by filing a declaração expressing the wish not to be Portuguese). This is the only ground for loss that creates a potential PT-RST-01 applicant.

2. Loss was by Art 8 renunciation: Loss must have been the applicant's own voluntary act. This route does not apply to persons who never held Portuguese nationality, or whose nationality was never validly acquired (which would be addressed by other means, not reacquisition).

Distinct from Art 6 n.6 (PT-NAT-06): Art 6 n.6 Lei 37/81 (LO 1/2026 numbering) provides a discretionary naturalisation for former Portuguese nationals who lost nationality and never acquired another — distinct from Art 4 reacquisition. Art 4 applies to persons who voluntarily renounced and wish to reacquire; Art 6 n.6 applies where the person never acquired a new nationality after loss. These are separate tracks.

Distinct from Arts 30/31 (PT-RST-02-W1): Arts 30/31 Lei 37/81 address the specific historical situation of women who automatically lost Portuguese nationality on marriage to a foreigner under the pre-1981 regime (Lei 2098/1959). PT-RST-01 applies to voluntary Art 8 renunciation only.

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1. Declaração de vontade (declaration): A signed declaration expressing the wish to reacquire Portuguese nationality, filed with the IRN/CRC or, if residing abroad, through a Portuguese consulate with nationality registration competence.

2. Identity documents: Valid passport or national identity card (of the current nationality/ies held).

3. Proof of former Portuguese nationality: Prior Portuguese passport, Portuguese civil registry certificate, or other official evidence confirming the applicant held Portuguese nationality at the relevant time.

4. Proof of loss by Art 8 renunciation: Documentation of the renunciation declaration (the prior declaração de não querer ser português), with IRN/CRC file reference if available.

5. Processing fees: Standard IRN/CRC fees for nationality registration apply. Specific amounts as of May 2026 should be confirmed at irn.justica.gov.pt ().

Language: Portuguese documents accepted directly; foreign-language documents require certified translation into Portuguese.

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Process outline (pending Regulamento update ~16-08-2026):

1. Applicant assembles documentary dossier (proof of former nationality, renunciation record, identity documents).

2. Applicant files declaração de vontade with CRC/IRN (in person, by post, or through the online nationality portal where available).

3. IRN/CRC verifies the file. If complete, the declaration is registered in the RNP (Registo Nacional de Pessoas).

4. Once registered without successful opposition, the applicant is a Portuguese national for all purposes. Effects of reacquisition run from the date of the relevant declaration/registration (acquired nationality, per Art 12 Lei 37/81), not ex tunc (which applies to originária attribution under Art 1/11).

Appeals: Administrative courts / Supremo Tribunal Administrativo (STA). Appeals in nationality matters go to the administrative jurisdiction since LO 2/2006.

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• Lei n.º 37/81, de 3 de outubro, Art 4 (reacquisição da nacionalidade) as republished by LO 1/2026 (13ª versão, pgdlisboa.pt; DR 95/2026 Série I, 18-05-2026) — [S-PGDL-CONS, T1]
• Lei n.º 37/81 Art 8 (perda da nacionalidade por renúncia) — confirmed unchanged in substance by LO 1/2026 — [S-A2-08, S-A2-09, S-E1-12, T1]
• TC Acórdão 1134/2025 (Proc. 1384/2025, 15-12-2025, DR Série I n.º 1, 02-01-2026): definitively struck proposed CP Art 69-D (perda de nacionalidade pena acessória); the only loss ground is Art 8 voluntary renunciation — [S-A2-08, S-A2-09, T1]

Procedural framework:

• DL 237-A/2006 (Regulamento da Nacionalidade Portuguesa), as amended (latest amendment DL 41/2023, de 2 de junho) — [S-PGDL-REG, T1]
• LO 1/2026 Art 7 (mandate for Regulamento update within 90 days, approx. 16-08-2026) — [S-D-16-a, T1]

Constitutional anchor:

• CRP Art 164.º f): nationality is the exclusive non-delegable competence of the Assembleia da República, exercised by organic law (Art 166.º n.º2). No administrative body can add conditions beyond Lei 37/81 (STA Proc. 0219/10, 14-02-2019) — [S-A2-02, S-A2-20, T1]

ECN compliance:

Portugal is a full party to the European Convention on Nationality (CETS 166), signed 06-11-1997, ratified 15-10-2001, EIF 01-02-2002 (RAR 19/2000; DPR 7/2000; Aviso 120/2001) — [S-E1-03, S-E1-04, S-E1-05, T1]. Art 16 ECN limits requirements to renounce another nationality. The PT reacquisition mechanism is ECN-compliant.

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