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Portuguese
Nationality
Many Goans have been asking details
about the Portuguese Nationality Law and how to apply for
Portuguese Nationality. They often refer to it as "Portuguese
Passport". The term "Portuguese Passport" is not correct.
One should not address it as merely a passport. No. It is
much more than that.
It is important that people realise
this before applying. If you decide to apply for it, you
will be applying for a Nationality and not merely a passport.
Why can Goans apply for Portuguese
Nationality ?
I remember Mr. Alfredo de Mello posted
long time ago a very good historic introduction to this in
GoaNet
mailing list:
"Under the government of the Prime
Minister, Marqus de Pombal, around 1757, by a Royal Decree
signed by King D. Jos I, all Portuguese Indians (Goa, Damo
and Diu) were granted Portuguese Citizenship, and equal
status under the law, with the Metropolitan Portuguese.
This was unique. No other colonial
power ever granted such a status to the inhabitants of their
colonies. Not in the 18th, 19th or 20th century! In that
respect, Portugal was unique. Neither the British, nor
French, nor Dutch, ever granted such a status as far as
their Asian possessions were concerned. When Portugal became
a Republic in 1910, the new Constitution granted the
Portuguese Indians (not so to the African colonies) exactly
the same prerogatives and status, as Portuguese Citizens. (During
the monarchy, they were subjects, just as any Portuguese
from Lisbon was a subject).", said Mr. Alfredo de Mello.
Perhaps this is the
reason why so many Goans feel they are different from the
rest of the Indians. Maybe that is why Goans can integrate
so well in the western societies. I feel there is in many
cases a strong inherited sentiment of distinction and most
Goans are proud to be Goans not only because of their own
achievements but also because this feeling has been
transmitted from generation to generation. In the British
and Portuguese African colonies, the distinction was quite
visible. The reality today is different and majority of
Goans born in Goa after 1961 naturally identify themselves
with India.
In Portugal, Goans are fully integrated in all fields of the
Portuguese Society and refuse to identify themselves as a
minority group and indeed they are not officially recognised
as such. The total number of people of Indian origin living
in Portugal today exceeds 100,000 (Catholics, Hindus and
Muslims) and they are the second largest Indian Community in
Europe (after the UK). Majority of these 100,000 people is
of Goan origin and it is believed to be the largest Goan
community in the world living outside Goa. For some strange
reason, one hardly hears about the Goans living in Portugal
and it almost looks like they hardly exist but the figures
prove exactly the opposite.
In 1926, Portugal ended more than a century of liberalism
and 48 years of authoritarianism began with a military
dictatorship under President General Oscar Carmona. Prof.
Dr. Oliveira Salazar became a dictator in 1930 and his first
highly racist Colonial Act of 1930 discriminated Portuguese
Indians, differentiating them from the Metropolitan
Portuguese. With the 1930 Colonial Act, Portuguese Indians
became a sort of second-class citizens, losing a great deal
of perks, such as free trips to Portugal for furloughs,
emoluments became lower than those of the white officials,
and other facilities that the white Portuguese had overseas
were not available to Portuguese Indians.
This discriminatory Portuguese Colonial Act of 1930 was
repealed only in 1950, in part thanks to the contribution of
Prof. Dr. Froilano de Mello (Mr. Alfredo de Mello's father)
who was a brilliant Goan doctor and independent MP in Lisbon,
representing Goa in the Portuguese Parliament. He openly and
bravely fought for the rights of Portuguese Indians. From
1950, Goans recouped their status and were treated again in
equal terms just like any other white Portuguese citizens
from the metropolis.
On 18th December 1961, the Indian Army invaded Portuguese
India and the Portuguese forces in the territories commanded
by Governor General Vassalo e Silva surrendered, violating
strict orders from Salazar to resist until the last man.
Salazar wanted Portuguese Indians to feel that Portugal did
not abandoned them and provided laws to keep them as
Portuguese Citizens. Many Goans left Goa at that time and
were welcomed in Portugal. This helped Portugal to take the
case to the United Nations. Portugal kept fighting
diplomatically in the United Nations for Portuguese India
until 1974. Only in 1975, Dr. Mario Soares, representing a
new Democratic Portugal, recognised the annexation of Goa,
Damo and Diu and re-opened diplomatic relations with the
Republic of India.
After the Portuguese Democratic Revolution of 1974,
independence was officially given to all overseas
territories (except to Macau because China declined the
offer) and the Portuguese Nationality Law became very
important in order to determine who retained Portuguese
Nationality.
It is important to say that after 1975, the "Antigo Estado
da India" (Goa, Damo, Diu e Dadr e Nagar Avel before 19
December 1961) was given somehow a special status under the
Portuguese Nationality Law. Decreto-Lei n. 308-A/1975, 24th
June - "Lei da Nacionalidade Portuguesa" Arttiicle 1.
Clause (e), clearly says that all those born in the "Antigo
Estado da India"(Goa, Damo, Diu e Dadr e Nagar Avel
before 19 December 1961) who declare their intention to
retain their Portuguese Nationality are entitled to do so.
Other ex-Portuguese colonies citizens were given a period
of time to decide if they wanted to remain as Portuguese
citizens or if they wanted to adopt the nationality of the
new independent countries (examples: Angola, Mozambique, etc).
The citizens from Antigo Estado da India, on the other hand,
were not given a period of time to decide if they wanted to
continue being Portuguese citizens, which means that they
are still entitled to declare they want to continue being
Portuguese Citizens today.
After 1961, many Goans burnt their Portuguese passports in
public freedom fighter demonstrations. Others mastered the
art of writing against the Portuguese rule like there was
nothing else more useful to do in Goa. It was very much in
fashion to be a freedom fighter and it paid quite well as
well in all sort of benefits, privileges and public
recognition. They seemed to be quite happy with their new
Indian citizenship. But Portugal suddenly changed after
joining the European Community in 1986. The old and poor
country suddenly transformed itself from night to day and
became modernised, advanced and much more European. So, many
of the individuals who wrote and demonstrated against
Portugal actually turned their coats and shameless claimed
back their Portuguese Citizenship in a savage call for
opportunism. Suddenly, a door to Europe was opened and the
opportunity was too good to be wasted.
The number of applications increased exponentially after
1986 and Portugal started receiving pressures from Europe to
change Portuguese Nationality Law but everything remains
unchanged so far.
The Portuguese Nationality Law also grants citizenship to
descendants of Portuguese citizens. Therefore, even if one
was only born yesterday, but had a grandfather or
grandmother who was born in Portuguese India before 1961,
this person can apply for Portuguese nationality.
Unfortunately, a large number of false applications was
detected. People from outside ex-Portuguese India were
impersonating Portuguese Indians (through false birth
certificates) and claiming Portuguese citizenship as well.
The whole process became with each passing day, more and
more complex and today, there is a very strict and lengthy
process to check the veracity of all submitted documents.
It is not so rare anymore for Indian origin people to have a
Portuguese passport.
In fact, many people of Indian Origin (other than Goans)
have one because they were living and working in the
ex-Portuguese African Colonies. The Hindu community in
Lisbon is large and most of them came from Mozambique and
Angola.
Taking advantage of that fact, lately, many other Indians
have succeeded in obtaining false Portuguese passports.
There are people ready to pay lakhs of rupees to have a
false one. I have personally met in Paris some Indians from
Gujarat who managed to buy these false Portuguese documents
for lakhs of Rupees. They were happily selling French
souvenirs on the roads of Paris and apparently doing very
good business. You might be surprised how I got this
information from them. Well, my wife Bernadette started
talking to them in Hindi and they felt so much at home that
they have told us their most important secret. They had
entered Europe through Poland and Germany with a false
Portuguese passport and are aware of the big risk they are
taking but they did not seem to be worried at all.
It was recently made public in the Portuguese press that
Masood Azhar, the famous Islamic Kashmir leader demanded to
be released by the December 1999 Indian Airlines hijackers,
was in possession of a false Portuguese Passport when he was
arrested in 1994 in India.
http://www.geocities.com/paulocd/PortNatLaw.htm |

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