Cape Verdean Nationality Law: modernisation and inclusision

A necessary reform: Approval of Law No. 33/X/2023;

Approved on 22 August 2023, Law No. 33/X/2023 represented a profound reform of the legal regime governing Cape Verdean nationality, responding to the need for modernisation and closer ties with the vast Cape Verdean diaspora scattered around the world.

This law repealed Law No. 80/III/90 of 29 June, which defined the conditions for the attribution, acquisition, loss and reacquisition of Cape Verdean nationality, including its successive amendments, since, in view of the country’s evolution, the legislation also needed to keep pace with this progress in order to better protect Cape Verdean citizenship.

Main innovations of Law No. 33/X/2023:

Children, grandchildren, great-grandchildren and great-great-grandchildren of Cape Verdean citizens can now apply for nationality by declaration, even if they were born outside the national territory. This reinforced the role of the diaspora and recognised the bond of identity with Cape Verde across generations.

The law established a period of five years of legal, continuous and proven residence as a condition for foreigners to apply for Cape Verdean nationality.

Nationality through marriage is now only possible after five years of marriage. The measure aimed to prevent cases of sham marriages.

Nationality can now also be acquired by declaration by foreigners who have been living in a de facto union with a Cape Verdean citizen for at least five years, with official recognition.

Furthermore, the law recognised new routes to citizenship, namely through investment and outstanding merit. The law recognised the right to citizenship for:

1. Foreigners who invest significantly in the country;
2. People who have rendered outstanding services to Cape Verde’s culture, economy, science or international image..

This law introduced clear criteria for the loss of Cape Verdean nationality, such as:

1. Use of false documents in the proceedings;
2. A person who acquires nationality solely for the purpose of committing crimes punishable by imprisonment for a maximum term exceeding three years or to avoid expulsion or extradition from Cape Verde.
3. o    Participation in acts of terrorism.

The new wording consolidated the right of Cape Verdean citizens to retain other nationalities without risking losing their nationality of origin, promoting a modern and globalised view of citizenship.

The first amendment: Law No. 37/X/2024;

In March 2024, the first amendment to Law No. 33/X/2023 was approved through Law No. 37/X/2024, aiming to adjust some points based on practical application.

The main changes included:

• Reduction in the period required to acquire nationality through marriage and civil partnership: Nationality can now be acquired by declaration from a foreigner who has been married to a Cape Verdean national for at least four years, as well as by declaration from a foreigner who has been living in a civil partnership with a Cape Verdean citizen for at least four years, with official recognition.

• Clarification on descent: The new wording confirms that the child of a Cape Verdean of origin, born abroad, is Cape Verdean if their birth is recorded in the Cape Verdean civil registry, either by registration or transcription, and confirmed that grandchildren, great-grandchildren and great-great-grandchildren of Cape Verdeans can obtain nationality by declaration.

• Simplification of processes: Applications for nationality can now be made at any registry office, diplomatic or consular agents of Cape Verde, with less bureaucracy and greater accessibility.

Thus, the reform initiated by Law No. 33/X/2023 and improved by the 2024 amendment represents a significant advance in nationality law in Cape Verde.

Nationality is no longer just a legal condition — it has become an instrument of identity, belonging and inclusion, respecting the past and preparing the future of a country with roots all over the world.