Nationality of Portuguese Ex-Colonie

Decree-Law No. 308-A/75 – Legal Background

On 24 June 1974, Portugal enacted Decree-Law No. 308-A/75 in the context of rapid decolonization following the Carnation Revolution.

At that time, Portugal faced the legal necessity of redefining nationality for millions of people connected to overseas territories that were becoming independent states. The core assumption of the decree was that individuals linked to those territories would generally acquire the nationality of the newly independent country.

As a result, Portuguese nationality was not automatically preserved for everyone born or residing in the former colonies.

Territories Covered by Decree-Law 308-A/75

The decree applied to individuals connected with the following former Portuguese overseas territories:

• Angola
• Brazil
• Cape Verde
• Portuguese India (Goa, Daman, and Diu)
• Guinea-Bissau
• East Timor
• Macau
• Mozambique
• São Tomé and Príncipe

Although grouped under the same decree, each territory has its own historical and legal nuances, which may significantly affect individual cases.

Who Retained Portuguese Nationality After Independence?

Under Decree-Law 308-A/75, Portuguese nationality was retained only by specific categories of individuals.

In general, Portuguese nationality was preserved by:

• Individuals born in mainland Portugal who were residing in one of the overseas territories at the time of independence; and
• Individuals born in the overseas territories who had established long-term residence in Portugal before independence.

The concept of “long-term residence” was never defined by a single numerical rule and has been interpreted through administrative and judicial practice, making documentary evidence crucial.

Who Lost Portuguese Nationality Automatically?

All individuals who did not fall within the protected categories lost Portuguese nationality by operation of law (ex lege).

This means:

• No individual administrative decision was required
• No formal notification was issued in many cases
• Many affected individuals were unaware of the loss

As a result, decades later, families often discover uncertainty or inconsistencies when attempting to assert nationality rights.

An Important Clarification: Loss vs. Non-Recognition

It is important to distinguish between:

• Loss of Portuguese nationality under the law
• Absence of proper civil registration
• Situations where nationality was never formally assessed

In practice, administrative records were often incomplete, particularly during periods of political transition. This is why two individuals with similar backgrounds may face very different legal outcomes today.

Can Portuguese Nationality Be Reacquired?

In many cases, yes — but reacquisition is not automatic.

Under the current Portuguese Nationality Law, individuals who lost nationality in the context of decolonization may be eligible to reacquire it, depending on:

• Place and date of birth
• Parental nationality
• Residence history
• Descent from Portuguese nationals
• Existing civil registry records

Each case must be assessed individually, and outcomes vary significantly.

Country-Specific Considerations (High-Level Overview)

Although governed by the same decree, cases differ depending on the former territory involved:

• Portuguese India (Goa, Daman, Diu): subject to a distinct legal interpretation due to Portugal’s position on annexation
• Macau: governed by separate transitional arrangements
• East Timor: involves additional international legal considerations
• Angola and Mozambique: frequently involve complex post-independence nationality transitions
• Brazil: often misunderstood, as most cases do not involve Portuguese nationality retention

These distinctions make general assumptions unreliable.

Documents Commonly Required for Assessment

While requirements vary, an initial assessment often involves:

• Birth certificates
• Old Portuguese civil registry records
• Residence documentation
• Passports or identity documents
• Marriage and death certificates (where relevant)

Older records may require archival research and careful legal interpretation.

Why Individual Legal Assessment Is Essential

Nationality cases involving former Portuguese colonies are not standardized. Two cases that appear similar on the surface may produce entirely different legal conclusions.

Common risks include:

• Assuming nationality was retained automatically
• Relying on incomplete records
• Misinterpreting colonial-era documentation

A careful legal review is essential before taking any formal steps.

How We Can Assist

We're a team of experienced citizenship lawyers practicing in Portugal. If you already have documents, we are glad to review them and advise you on the best path forward. You may scan and send existing records to facilitate an initial assessment.

Do not hesitate to contact us with your questions. Early clarification often prevents years of uncertainty.

Contact: info@cscadvogada.com

Reviewed By

Clara da Costa, Degree in Law
Portuguese Bar Association No. 45229L

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