The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
It is common for many Brazilians to discover, when studying the Portuguese Nationality Law, that they have more than one possible path to obtaining citizenship. It may be due to filiation, more remote ancestry, marriage, length of residence or even another legal basis. And that’s precisely where the question of the week arises: “Can I have two nationality applications at the same time?”
Lawyer André Lima responds:
The answer is objective: yes, it is possible. The law does not prohibit simultaneous requests. Neither the Nationality Law (Law no. 37/81) nor the Portuguese Nationality Regulation (Decree-Law no. 237-A/2006) impose any restriction on the number of applications submitted by the same applicant.
This is because rights can be cumulative. The same candidate can fill
nationality requirements:
• as a grandson of Portuguese;
• by marriage or de facto union;
• by length of legal residence;
• or even as the son of someone who acquired Portuguese nationality, among other possibilities.
If there are different foundations, nothing prevents them from all being exercised, each one following its own documentary and procedural logic.
Why might this be useful? Strategy.
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Submitting more than one request is not excess: it is strategy. Among the most common reasons:
1. Difference in deadlines between conservatories
Each conservatory has different rhythms and loads. Two orders in different locations may mean a greater likelihood that one of them will be decided sooner.
2. Alternative route in case of rejection
If one process is rejected due to documentary details or a more restrictive interpretation, the other continues normally.
3. Independent rights
The nationality paths do not compete with each other. Each article functions as its own, completely legitimate path.
So are there any disadvantages? The only requirement is to ensure that each process has complete and coherent documentation. The IRN may sometimes ask if there is another active process, but only for internal organization purposes and to avoid duplication of acts. There is no negative impact on the applicant.
And what happens when one of them is approved? When one of the processes concludes with the granting of nationality, the other requests lose legal utility.
At this stage, the registry offices automatically disregard pending processes, as it no longer makes sense to pursue other acquisition routes.
I.e:
• can have several simultaneous processes;
• the one that is analyzed and approved first will be granted;
• the rest cease to have effect after the granting of nationality.
In the end, it is a right exercised strategically.
amanda.lima@dn.pt