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Portugal Amends Nationality Rules for Babies

Portugal’s updated Nationality Law has extended the minimum residency requirement for one parent from one to five years, prompting a rise in family reunification requests for newborn children. Children born in Portugal to foreign parents now automatically qualify for citizenship if at least one parent has held legal residency for 5 years prior to the birth.

Appointment Requesting

To address this, AIMA agency has launched an online form for residence authorisation applications for babies born in Portugal. AIMA has made available a form, at contactenos.aima.gov.pt , for  requesting an appointment to obtain a Residence Permit under Article 124 of the Immigration Law. This procedure is intended for  foreign babies or minors born in national territory, children of foreigners holding a residence permit .

File within 6 months

Parents must submit the request within six months of the child’s birth, including a valid parental residence permit and the newborn’s birth certificate, duly registered at the relevant consulate or embassy.

This digital functionality represents a significant step in streamlining immigration procedures, reflecting AIMA’s ongoing efforts to enhance service delivery. However, families should ensure accurate documentation and timely submissions to comply with the new legal framework and avoid potential processing delays.

Application Process

At the time of application, all fields must be completed with the data of the foreign baby or minor, as the holder of the right, and the following mandatory documents must be attached (for each foreign baby or minor covered):

  • Birth certificate of the baby or minor, issued by a competent Portuguese authority;
  • Digital copies of:– Passport of one of the parents holding a residence permit;
    – Valid residence permit of that parent;
    – Residence permit of the other parent, when applicable.

Foreign Minors

According to Article 124 of Law No. 23/2007, foreign minors born in national territory are entitled to a residence permit, provided that one of their parents legally resides in Portugal. The application must be submitted by one of the parents within 
six months of the minor’s birth registration.

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