Wednesday, January 5, 2011

Antigo Estado da India


It is important to note that after 1975, the Antigo Estado da India (the legal term for Goa, Damão, Diu e Dadrá e Nagar Avelí before 19 December 1961) was assigned a special status under the Portuguese Nationality Law.


Decreto-Lei n. 308-A/1975, 24th June - "Lei da Nacionalidade Portuguesa" - Article 1º. clause (e), clearly says that all those born in the Antigo Estado da India who declare their intention to retain their Portuguese Nationality are entitled to do so. Other ex-Portuguese colonial citizens were given aperiod of time to decide if they wanted to remain as Portuguese citizens or to adopt the nationality of the new independent countries like Angola or Mozambique.

Only the citizens from Antigo Estado da India were not given a time limit to decide if they wanted to continue being Portuguese citizens. They are still entitled to declare today their wish to continue as Portuguese citizens.

In the euphoria that followed Goa's takeover by India in 1961, many Goans burnt their Portuguese passports in public demonstrations organised by freedom fighters. (Freedom fighters were held in high regard and earned all sorts of privileges.) Others launched diatribes against Portuguese rule in the local media. Former Portuguese passport holders seemed content with their new Indian status until 1986. In that year, Portugal joined the European Community and the old and "poor" country was becoming transformed: modernized and much more European. As a result, many of the very individuals who had reviled Portugal suddenly detected a doorway to enter Europe, an opportunity too good to forego. Thus began the clamour for a return of their Portuguese citizenship.

FAQ - Frequently Asked Questions:

Q1. Under what law can the descendants of former Portuguese Citizens claim Portuguese citizenship? The 1975 legislation refers to a person born in the Antigo Estado da India. Does it cover the children or grandchildren who may have been born elsewhere?

A1: If you were born after 1961 (anywhere in the world) or born before 1961 but outside the Antigo Estado da India, it is necessary for you to prove that your parents/grandparents were born in the Antigo Estado da India. Once you have proved that, you need to register your parents/grandparents as Portuguese Citizens in Lisbon (even if they are already dead) and only then you can apply for Portuguese citizenship based on the fact that you are the descendant of a Portuguese citizen fully registered in Lisbon, Portugal .

Q2: Is the birth of a person in Antigo Estado da India sufficient requirement?
A2: No. In addition, you need to prove that you were not residing in the Ex-Portuguese African colonies during 1974-1976. This is because those that were residing in the ex-Portuguese African colonies were given a short period of time to decide if they wanted to remain Portuguese citizens. So, if you were residing during the 1970's in the Ex-Portuguese African colonies given independence in 1975 (Angola, Mozambique, Guiné-Bissau, Cabo Verde, São Tomé e Principe), the chances are that your application will not be accepted.

Q3: Did the parents/grandparents (born in Antigo Estado da India) have to hold a Portuguese passport at all? What evidence has to be submitted by the child or grandchild?

A3: No. A Portuguese passport was never a requirement for citizenship. A birth certificate of your parent/grandparent is necessary along with a detailed list of other requirements that can be found at the following


Q4: What if the person switched passport to Indian or British, Canadian, American, etc?

A4: Not at all. Portugal allows dual Nationality and according to the Portuguese law, you can keep your second and other nationalities. The only restriction is that you will not be able to claim Portuguese protection if you require help in the country of your other nationality. Some countries do not allow dual nationality (example: India). According to the Indian Law, it is a serious offence to keep your Indian Nationality/passport if you have acquired another nationality.

Q5: Do I have to travel to Lisbon to apply?

A5: No. You should contact your nearest Portuguese Consulate and refer to the Portuguese Nationality Law. If they fail to give you information or if they do not know enough about it (which is the case sometimes), then you should contact a Portuguese lawyer (there are several experts in Portuguese Nationality Law) and request help.

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