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.

Article from :

http://www.goa-world.com/goa/portuguese/PORTUGUESE%20NATIONALITY%20LAW1.htm

Old Document Required for Portuguese Nationality.

Requirements for transcription of birth :

Old Document

In accordance with the instruction received from the higher authorities, it is imperative that only the old documents issued by the Portuguese Administration in the ersthwhile Estado Portugues da India and with the following characteristics, will be considered relevant as proof of date and place of birth.

A) Type :

Has to be an original issued by the Civil Registrar or Civil Identification Authorities or passport or temporary document of travel. Original documents should not be understood as those obtained by illicit or other means (i.e. pages/certificates removed from the book of records).

B) Characteristics :

1. Issued on an official stamp paper or forms that contains the official emblem of Portugal.
2. Should have the signature of the issuing officer and authenticated with a white seal.
3. Identification of the issuing authority
4. Identification of the number and year of registration, if it’s a certificate or number, series, and year of the document.

C) Context:

The old document has to compulsorily have the following identification matter:

Full name;
Date of Birth;
Place of Birth;
Parents name;

If the document handed does not contain the above-mentioned details, the applicant should sign a declaration to be sent to the Conservatória dos Registos Centrais, declaring that he/she has taken note that the document in itself does not prove the date and place of birth and as such will be considered insufficient.

Portuguese Nationality

Eligibility:- D.L. nº 308-A/75 de 24 de Junho, Artº 1º e)

• Those born in the territories of the erstwhile "Estado da Índia", who declare their wish to maintain the Portuguese nationality.

• The remaining descendants up to the 3rd. generation of the Portuguese, referred to above, and who have not declared their wish not to be Portuguese.

A) - Those born, in the erstwhile territories of "Estado da Índia", i.e. Goa, Daman & Diu, prior to 19.12.1961, and in Dadra & Nagar Haveli, prior to 21.08.1954 and their births registered in the Civil Registration Offices of these territories before the above mentioned dates.

- Documents required as per points 1, 2,3,4,5 & 6, below.

B) - Those born after 19.12.1961, can apply only after their parents birth and marriage are registered in "Conservatória dos Registos Centrais de Lisboa."

- Documents as per points 1, 2, 3,4,5,6 & 7, and 8 when applicable.

Documents needed:-

1. - Applicant’s document of identification (Indian Passport with personal elements in conformity with those stated in the birth certificate). In case of divergence, a competent justification of the same, to be attached;

2. - Police Clearance Certificate, with a photograph of the applicant pasted, and attested by the issuing authority, stating that no cases, criminal / judicial, are pending against the applicant, and its validity not earlier than six months;

3. - Descriptive birth, and in case married, marriage certificates (teor), of the applicant (obtained from the Civil Registration Offices/Archives);

4. - In case of married applicant, birth "teor" of the spouse;

5. - Residential certificate, with a photograph of the applicant, pasted and attested by the issuing authority, stating the complete residential address of the same (obtained from the Mamlatdar/Panchayat);

6. - Additional proof of residence of the applicant, specifically for the period from 01.01.1974 to 31.12.1975 (School/College/Employment/Church certificate);

7. - For those born after 19.12.1961, and whose parents are registered in Conservatória dos Registos Centrais de Lisboa, to submit "Assento de Nascimento e de Casamento" of the parent(s), within the validity period.

8. - Death certificate(s) of the deceased parent(s).

NOTE: - Birth and marriage certificates up to 1970 must be "Teor";

The applicant must submit one of the three documents issued by the erstwhile Portuguese authority in Portuguese India:

1- "Bilhete de Identidade" issued by the "Arquivo de Identificação do Estado da India";

2- Cédula Pessoal;

3- Portuguese Passport.

4- Documento de Viagem

The applicant born in either Goa, Daman, Diu or Dadra & Nagar Aveli prior to 19.12.1961 or 24.06.1954 ( In the case of Dadra & Nagar Aveli) must submit one of the above mentioned documents issued by the erstwhile Administration of Antigo Estado da Índia, compulsorily:- "Bilhete de Identidade; Cédula Pessoal; Portuguese Passport; Documento de Viagem”.

-All original documents and except the attested Xerox copy of the passport, issued in English or in local Indian language, must be accompanied by a translation of the same, in Portuguese language;

- All documents and respective translations , except the xerox copy of the passport must be attested:-

- Those obtained in Goa: a)- Notary; b)- Collector; c)- Under-Secretary (Home)

- From Daman, Diu and Dadra & Nagar Haveli: a)Notary; b)- Mamlatdar; c)- Jt. Secretary (Home/Collector);

- From Maharashtra: a)- Notary; b)- Mantralaya (Home Department).