Restoration — women who lost nationality via marriage to foreigner (pre-1981, Arts 30/31)

PT-RST-02-W1 addresses a specific historical injustice: under the former Portuguese nationality code (Lei 2098/1959), Portuguese women who married a foreigner automatically lost their Portuguese nationality by operation of law. This automatic-loss-by-marriage regime was a product of the legal framework predating the 1974 Revolution and the 1976 Constitution.

When Lei 37/81 entered into force on 3 October 1981, it abolished the automatic-loss-by-marriage rule. However, women who had already lost their nationality under the former regime before 1981 were not automatically restored. Arts 30 and 31 of Lei 37/81 created a declaratory recovery mechanism specifically for this cohort, later confirmed and clarified by LO 2/2006 (April 2006).

The recovery is by declaration (without additional conditions — specifically, without any residence requirement). It applies exclusively to women who automatically lost Portuguese nationality on marriage to a foreigner under the former Lei 2098/1959 regime. Right of recovery persists without time limit for unexercised claims.

LO 1/2026 (EIF 19-05-2026) did not amend or affect this provision; Arts 30/31 are outside the explicitly amended set in LO 1/2026 and are understood to remain unchanged.

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PT-RST-02-W1 applies exclusively to women who meet ALL of the following:

1. Held Portuguese nationality before marriage: The woman must have been a Portuguese national at the time of her marriage to a foreign national.

2. Married a foreign national before 3 October 1981: The marriage causing the automatic nationality loss must have occurred under the Lei 2098/1959 regime — i.e., before Lei 37/81 entered into force on 3 October 1981.

3. Lost Portuguese nationality automatically as a consequence of that marriage: Under the former code, Portuguese women lost their nationality automatically (ipso iure) upon marriage to a foreigner. The affected woman must have been subject to that automatic-loss mechanism.

4. Has not yet exercised the recovery right: If the woman has already filed a recovery declaration under Arts 30/31 and has had her nationality restored, she does not need to re-apply. The right is exercised once.

5. Has not voluntarily renounced under Art 8 post-1981: If the woman subsequently voluntarily renounced under Art 8 after regaining or retaining nationality in some other way, she would be under PT-RST-01 (voluntary reacquisition), not this route.

Cohort fixed since 1981: No new members can join this cohort. The eligible population is those women who suffered the pre-1981 automatic loss. The cohort is diminishing over time as claimants exercise the right, die, or their claims become moot.

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No residence requirement is imposed by Arts 30/31 for the recovery declaration. The woman need not reside in Portugal to exercise this right.

Documentary requirements:

1. Declaração de vontade (recovery declaration): Signed declaration expressing the wish to recover Portuguese nationality under Arts 30/31 Lei 37/81, filed with the CRC/IRN (or Portuguese consulate abroad).

2. Evidence of former Portuguese nationality: Birth certificate (certidão de nascimento) or civil registry entry showing the woman held Portuguese nationality before her marriage.

3. Marriage certificate: Certificate of the marriage to the foreign national, confirming it occurred before 3 October 1981 and that the spouse was a foreign national at the time.

4. Evidence that nationality was lost on marriage: This may emerge from the civil registry record itself (which would show the notation of nationality loss) or from historical Portuguese identity documents. The burden is establishing that the automatic-loss-by-marriage rule applied.

5. Applicant's current identity documents: Current passport or national identity card.

6. Certified translations: Foreign-language documents require certified Portuguese-language translation.

Government fees: Standard CRC/IRN registry fees apply ( — specific amounts to be confirmed at irn.justica.gov.pt).

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Process outline:

1. Assemble documentary dossier (see Requirements above).

2. File declaração de vontade for recovery under Arts 30/31 with CRC/IRN (or consulate).

3. CRC/IRN assesses the evidence to confirm the W1 automatic-loss event and the applicant's identity.

4. Portuguese documents (passport, Cartão de Cidadão) can be applied for through Serviços de Registo after successful CRC registration.

Appeals: Administrative courts / Supremo Tribunal Administrativo (STA) for any contested CRC decisions.

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• Lei n.º 37/81, de 3 de outubro — Arts 30 and 31 (founding provisions addressing pre-1981 situations; confirmed/clarified by LO 2/2006) — [S-PGDL-CONS, T1]
• LO 2/2006, de 17 de abril (modernisation of Lei 37/81) — confirmed Arts 30/31 recovery right and administrative-court appeal route — [S-PGDL-CONS, T1 consolidated version]
• Lei 2098/1959 (former nationality code) — the source of the automatic-loss-by-marriage rule; wholly superseded by Lei 37/81 (1981) but historically relevant to establish the affected cohort — [S-C20, T3]

Constitutional anchor:

• CRP Art 13.º (principle of equality between men and women) provides the constitutional basis underpinning the pre-1981 automatic-loss rule as unjustifiably discriminatory; Arts 30/31 of Lei 37/81 implement the corrective in ordinary organic law.
• CRP Art 164.º f): nationality = exclusive AR competence exercised by organic law.

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