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The territories of Goa, Daman, Diu, Dadra and Nagar Haveli, incorporated by the Republic of India in December 1961, were lawfully Portuguese territories until 3rd June 1975.

According to the Portuguese laws, the citizens born in those territories are Portuguese citizens.

Our lawyers have studied the matter of the citizens born in the former State of India and provide legal assistance to those citizens and their descendents, aiming to regularise their records in the Portuguese Civil Register Office.

About the registers of the Portuguese from India

In this chapter, will be sought to list all procedures that are judged to be suitable to regularise the records of the Portuguese citizens born in the former State of India, using the methodology of the practical situations.
It is important to point out that the citizens here referred to (and who are, essentially, those informed below) are Portuguese citizens by operation of law.
Nevertheless, the evidence of the nationality is given through the birth record which, for this reason, has an instrumental role in the proof of the nationality .
Basically, there are three ways to register the birth of the citizens born in the former State of India:
a) Integration of the birth record processed by the Portuguese authorities;
b) Transcription of the record processed by the Indian authorities;
c) Inscription of the birth in the Portuguese Civil Register Office.
It is important to mention that, in the moment of the processing of the birth record, shall be requested compulsory registration acts, under article 1 of the Civil Registration Code.
The situations listed below are not absolutely exhaustive, having a practical function, being purely indicative.

 

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Integration of the birth registers

In order to apply for the integration of the birth record, it is necessary:

1.  The Birth Certificate, with the full text, preferentially extracted from the record books of the Portuguese administration, issued by the registry authorities of India, with the translation of the parts written in foreign language into Portuguese.

a)   The certificate shall be legalised by a Portuguese Consulate in India[1] or certified with the Apostille of Hague[2].
2.  If it is not possible to find the Birth Certificate registered by the Portuguese authorities, the applicant may instruct his application with the Birth Certificate issued by the Republic of India, which shall contain all necessary elements to proceed to the registration of the birth in Portuguese Civil Register Office.

a)The certificate shall be legalised by a Portuguese Consulate in India[3] or be certified with the Apostille of Hague[4].

This certificate shall contain the grounds of the Indian record[5].



[1] Consular secction of the Embassy of Portugal in New Delhi

Phones: (009.111) 460.710.01 - Fax: (009.111) 460.710.03
Email
:
emportin@ndf.vsnl.net.in

Address

4, Panchsheel Marg, Chanakyapuri
New Delhi - 110021
Índia

 

Working hours

From Monday to Friday from 9.00 to 16.00


Observaction

The Embassy of Portugal in New Delhi answers for India, Nepal, Bangladesh and Sri Lanka.

 

General Consulate of Portugal in Goa

Phones

Phone1: (009.1) 832. 24.215.24

Phone2: (009.1) 832. 24.215.25


Faxes

Fax1: (009.1) 832. 24.215.21

Fax2: (009.1) 832. 24.215.22

 

Email1: mail@goa.dgaccp.pt


Address

Parwati- Houses nº 38/39,

Father Agnelo Road

Altinho
Pangim-Goa - 403 001

India


Working hours

From Monday to Friday, from 9.00 to 13.00.

 

 

[2] The Indian authority who is competent to issue the Apostille is the Joint Secretary (Consular), MEA., CPV Division, Patiala House Annexe,  Tilak Marg, New Delhi, India.

E-mail: jscons@mea.gov.in / dcpf@mea.gov.in

[3] Check note 110

 

[4] Check note 111

[5] If it was made through declaration or transposition of the record registered by the Portuguese authorities.

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The late registration of birth

There are situations in which the citizen who was born in the former State of India, whilst it was deemed a Portuguese territory, and he does not have any sort birth record: neither of birth registered in the record book of the Civil Register Office of the Portuguese Administration nor in the books of the Indian administration.

This citizen, if he meet all requirements established by law for the attribution of the nationality, is Portuguese, but has difficulties to apply for the registration in the Portuguese Civil Register Office, indispensable to give evidence of his nationality.

In such situation is still possible to proceed to the late registration of the birth, under the terms of the article 99 of the Civil Registration Code.

In order to instruct this sort of procedure, it is necessary to gather, if possible, a document proving the accuracy of the declaration and naming two witnesses, being the Civil Register Officer make all necessary inquiries to verify the facts.

 

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Integration of the marriage record

14.1.            If the citizen whose birth record is intended to integrate or transcript is married, he shall simultaneously apply for the integration of transcription of his marriage.

14.1.1.      If the other spouse is a Portuguese citizen, simultaneously shall be submitted an application on her behalf for the integration of her birth record, opening another file on her name[1].

14.1.1.1.                        There will be the integration of the marriage when it was celebrated before the Portuguese authorities of the former State of India and if appears in the old Portuguese records[2];

14.1.1.2.                        There will be the integration of the marriage if it was celebrated until 20th December 1961 before a minister of the catholic church and it is possible to obtain a Marriage Certificate issued by the church;

14.1.1.3.                        There will be the integration of the marriage if, not being possible to obtain the Marriage Certificate from the Portuguese or ecclesiastic records, but being possible to obtain it from the Indian Civil Register Office, with the annotation that the wedding was celebrated prior to 20th December 1961, before the Portuguese authorities;

14.1.1.3.1.                  In order to instruct the application for integration of marriage, the applicant shall gather:

14.1.1.3.1.1.            Marriage Certificate extracted from the civil record books of the former State of India, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language;

14.1.1.3.1.2.            Marriage Certificate extracted from the parish record books of the former State of India, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language;

14.1.1.3.1.3.            Marriage Certificate extracted from the civil record books of the Republic of India, in which there is the mention that the wedding was celebrated before the Portuguese authorities or a minister of the catholic church, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language.



[1]  And this is because the Portuguese nationality is by virtue of the law and of the requirements thereby established and taking into account the rules on the compulsory registration of article 1 of Civil Registration Code.

[2] The same principle is valid if the wedding was celebrated in any other territory under the Portuguese administration.

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Transcription of marriage

15.1.            There will be the transcription of the marriage if the wedding was celebrated before the authorities of the Republic of India or any other foreign country.

15.2.            In order to instruct the application for transcription of the marriage, the applicant shall gather the following documents:

15.2.1.      Birth Certificate of the applicant;

15.2.2.      Birth Certificate of the spouse[1];

15.2.3.      Marriage Certificate;

15.2.3.1.                         The certificates shall be legalised by a Portuguese Consulate in India[2] or in the country where the wedding took place or certified with the Apostille of Hague[3].



[1] If the spouse was born in the territory of the former Portuguese State of India, before 3rd June 1875, he is portuguese citizen, therefore the integration of his birth shall also be applied for

 

[2] Check note 110

 

[3] Check note 111. If the wedding was celebrated outside India, the Apostille that shall be stamped it the one issued by the authorities of the country where the wedding was celebrated.

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Divorces, judicial separations and review of foreign judgements

 

15.1.            If the citizen, whose record is intended to be registered in the Portuguese Civil Register Office, had been married and have separated or got divorced, he shall, besides of the application for the transcription of the marriage, apply for the review and confirmation of the foreign judgement of divorce or separation. If he has got married for a second time, he will only be allowed to register it after the judgement of his divorce is reviewed and confirmed by a Portuguese Court[1].

15.2.            The review and confirmation of the foreign judgement of divorce or separation is a lawsuit that will be processed by a Tribunal da Relação[2], being compulsory to hire a lawyer to represent the applicant.

15.3.            The review and confirmation of the foreign judgement may be jointly filed by both ex-spouses or separately, being one spouse against the other. The big advantage of the joint filling is the time gained with the exemption of notification, since it usually takes at least 60 days plus the post office delivery time for the notification being executed. If the review is filled by only one of the ex-spouses, the other one shall be notified of the lawsuit.

15.4.            The divorce judgement given by the Courts of the former State of India, prior to 20th December 1961, are not subject to review and confirmation by a Portuguese Court.

15.5.            The divorce judgement given by the states of the European Union, after the Council Regulation (EC) 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses[3] came into force, are not subject to review and confirmation.

15.6.            The necessary documents to instruct the review and confirmation of the foreign judgement of divorce or judicial separation are:

15.6.1.      Certificate issued by the Court where the divorce has been processed containing the divorce complaint, defence and the judgment, authenticated by the issuing Court[4];

15.6.2.      Marriage Certificate of the terminated marriage[5].

15.7.        If the petition for review is not filled by both ex-spouses, it is, especially, important that address of the ex-spouse is correct[6].



[1]  The review and confirmation of the judgment is not compulsory if it was rendered by a Portuguese Court of the former State of India.

[2] Relation Court. Free translation.

[3] Revoked by Council Regulations (EC) 2201/2003 of 27th November

[4]  It does not need to be legalised or stamped with the Apostille of Hague

[5] Ibidem, previous note.

[6]  There are lawsuits that take years to end due to problems with the notification.

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Integration of death record

15.1.            If the Portuguese citizen has passed away in the territory of the former State of India or in a Portuguese territory or in a territory under the Portuguese administration before 20th December 1961, his death record shall be integrated.

15.2.            In order to instruct the application for the integration of the death record, the applicant shall present the Death Certificate extracted from the record books of the former Portuguese administration, issued by the authorities of the Republic of India or the authorities of the territory under the Portuguese administration where the death has taken place, legalised by a Portuguese Consulate in the country where the death occurred or certified with the Apostille of Hague.

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Transcription of the death register

15.1.            If the Portuguese citizen has passed away in the territory of the former State of India or in another foreign country after 20th December 1961, shall be done the transcription of his death.

15.2.             In order to instruct the application for the registration of the death record, the applicant shall present the Death Certificate extracted from the record books of the country where the death has taken place, legalised by the Portuguese Consulate in that country or certified with the Apostille of Hague.

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