Native Americans Born in Portugal: Citizenship Implications and the Jus Sanguinis Principle

The question of whether Native Americans born in Portugal can be considered Portuguese citizens is a complex one, largely determined by the country's citizenship laws. Portugal adheres to the jus sanguinis principle, which means citizenship is primarily granted through descent. This article will delve into the specific requirements and exceptions that apply when a child is born to Native American parents in Portugal.

Understanding Jus Sanguinis and Jus Solis

Portuguese citizenship is mostly acquired through descent (jus sanguinis). This means that you are a Portuguese citizen if at least one of your parents is a Portuguese citizen. While birthplace citizenship (jus solis) can also award citizenship, it is not the primary method for obtaining Portuguese nationality. The jus sanguinis principle means that a child automatically gains citizenship based on their parents' nationality, irrespective of where they are born.

Exceptional Situations

There are a few exceptions to the jus sanguinis principle, but these are rare and specific. A child born in Portugal to Native American parents would only be entitled to Portuguese citizenship at birth if one of the following conditions is met:

At least one of the child's parents, though not themselves a Portuguese citizen, was born in Portugal and was a resident in Portugal at the time of the child's birth. However, this would require at least two generations of Native Americans born in Portugal. At least one of the child's parents, also not a Portuguese citizen, was a resident in Portugal for at least one year at the time of the child's birth. The child would otherwise be stateless.

It is important to note that in the first two cases, the parents of the child could not have resided in Portugal as part of their work for a foreign government, such as being embassy staff or deployed soldiers.

Additional Clarifications

In general, Portugal follows the jus sanguinis principle, meaning that citizenship is granted based on the nationality of at least one parent. The actual rules for foreign parents residing in Portugal, descendants of Portuguese citizens residing abroad, and stateless persons are much more complex. These rules are best discussed with a legal expert familiar with Portuguese citizenship laws.

It is also crucial to understand that the fact that a person is Native American is irrelevant in determining Portuguese citizenship. Nationality is primarily based on descent, and not on the place of birth or the ethnic background of the parents.

The information provided here is a general overview. If you are seeking to determine specific citizenship requirements, it is recommended to consult with a legal professional who specializes in Portuguese citizenship law.