Could any Goanetter please make sense of this email specifically addressed to me alone.
I have never expressed an interest in applying for Portuguese nationality either on this forum or in private. Is this an unsolicited communication from a genuine Portuguese law firm or just another internet scam. Thanks, Roland. On Sun, Jun 1, 2008 at 11:00 PM, Miguel Reis <[EMAIL PROTECTED]> wrote: > Dear Sir: > We are a Portuguese law firm, who assists, in Portugal, lots of goan > persons, from all the world. > > Our lawyers have studied the problem of nationality concerning goans and > analyzed the difficulties posted by the Portuguese authorities. > > We think that Portugal must respect their own laws and the compromises from > the treaties. > > About these matter, I join you a small reference, because II think that this > matter is interesting for all the goans. > Procedures of inclusion in the Portuguese Civil Register Office of the birth > of the citizens that were born in the former Portuguese State of India > > 1. The interpretation that we make from the Portuguese Law is that all those > people that were born in the former Portuguese State of India before 25th > April 1976 and their descendants until the third generation are Portuguese, > even that the descendants were born abroad. The theories we support > regarding to this matter are summed up in the following content published in > our website. > > 2. The main reason why is so difficult to include the Birth Certificate of > those citizens in the Portuguese Register Office is the huge amount of > forgery of documents that happens in India. The Portuguese authorities have > been adopting a pathetic attitude by requiring documents issued by the Old > Portuguese Administration, in other words, expired documents. The aforesaid > documents are insusceptible, by nature, to prove the facts that establish > the right to include the birth in the Portuguese Civil Register Office. > > 3. According to our interpretation of law, because Portugal has > re-established the diplomatic relations with India in 1974 and also has > given to it the full documental assets of those territories, the only > suitable means to prove that someone was born in the former Portuguese State > of India are the Certificates issued by the competent Indian department, > preferably with copies of the Certificates that were drawn up by the > Portuguese Administration in accordance with Indian Law and International > Law. > Usually people submit their applications with these documents legalised by > the Portuguese Consulates in India. However, the departments of the > Portuguese Civil Register Office (specially Conservatória dos Registos > Centrais) are always challenging their authenticity which, by the way, is > absolutely justified, taking into account that we are facing departments of > the same Government. In the end of the day, the doubt is thrown over the > posture of the Portuguese Consulates that have legalised documents, and in > this system there are no efficient arguments against the Portuguese Civil > Register Office. > Nevertheless, if instead having their documents legalised by a Portuguese > Consulate, the Applicants gets their documents authenticated with the > Apostille of Hague, once that India has signed the Convention of 5 October > 1961 Abolishing the Requirement of Legalisation for Foreign Public > Documents, there will be no arguments left to the Portuguese Civil Register > Office to challenge the authenticity of the documents. > All relevant explanation relating to the Apostille of Hague may be seen at > the website of the Office of the Solicitor General of the Portuguese > Republic. > The Republic of India is one of the subscribers of the above mentioned > Convention as you can verify at the website of the Conference, and has > started to issue apostilles in August 2007. > It can also be found relevant information regarding this subject at the > website of the Ministry of External Affairs of India. > The documents must be originally authenticated by the agencies informed at > the website and then sent to the Ministry of External Affairs that is going > to affix the Apostille of Hague. > Related to the pending procedures in which were requested our interference, > we request to our clients and partners to send us new documents with the > Apostille of Hague once that we are convinced that is going to be easier and > faster to process the registration. > And the new procedures are going to follow the same instructions. > > 3. In our point of view it is not relevant to submit documents of > identification of the Applicant to have the Birth Certificate included at > the Portuguese Civil Register Office since their descendants (and even > others) may have interest in the registration. Notwithstanding we understand > that we do not need to transform this matter into a source of litigation. > > 4. The Powers of Attorney given to the lawyers do not need to be notarised. > Therefore we are going to use simple Powers of Attorney to submit the > applications without being notarised in order to save costs with taxes. We > are going to adopt the following model of Powers of Attorney: Mod. 11. > Yet, for our own safety, a second Powers of Attorney, notarised and > legalised with the Apostille of Hague must be sent to us. > > 5. Regarding to those citizens that were born until 25th April 1976 in > territories that were part of the former Portuguese State of India, > according to the Portuguese Law, but were not under Portuguese jurisdiction, > the Certificates issued by the Indian authorities and legalised with the > Apostille of Hague are all valid. > > 6. The rules of article 1st of the Portuguese Civil Register Code that > establish the facts that need compulsorily to be registered by the > Portuguese citizens are also fully applied to the citizens that were born in > the former Portuguese State of India. > > 7. It is indispensable that the applications are well prepared and bring all > the necessary elements to perfectly promote its normal course through the > legal channels. > > 8. In respect to the citizens that were born in the former Portuguese State > of India, among other relevant aspects, the following must also be taken > into account: > > 1. If the citizen is single > 1. You prepare the application for the inclusion of the Birth Certificate, > you are going to require: > 1. Birth Certificate with the Apostille of Hague; > 2. Powers of Attorney Mod. 11 > 3. Copy of an identification document certified with the Apostille of Hague > > 2. If the citizen is married > 1. You prepare the application for the inclusion of the Birth Certificate, > you are going to require: > 1. Birth Certificate with the Apostille of Hague; > 2. Powers of Attorney Mod. 11 > 3. Copy of an identification document certified with the Apostille of Hague > 2. You prepare the application of the registration of marriage, you are > going to require: > 1. Birth Certificate of both betrothed with the Apostille of Hague; > 2. Marriage Certificate with the Apostille of Hague; > 3. Powers of Attorney Mod. 11 > 3. If the citizen is divorced he/she is going to apply for the review and > confirmation of the decision of divorce before a Portuguese Court; > 4. If the citizen is a widower/widow he/se is going to apply for the > registration of the death. > Best regards > Miguel Reis > MIGUEL REIS & ASSOCIADOS - SOCIEDADE DE ADVOGADOS (PORTUGAL) > Rua Marquês de Fronteira, 76 - 5º, 1070-299 Lisboa - Portugal > Tel: (+351) 21 385 21 38 Fax: (+351) 21 386 36 63 - [EMAIL PROTECTED] > Av. D. João IV, 1- R/c, 2070-299 Montijo - Portugal > Tel. (+351) 21 231 40 18 - Fax: (+351) 21 231 40 18 - [EMAIL PROTECTED] > > MIGUEL REIS ADVOGADOS ASSOCIADOS (BRASIL) > Avenida da Liberdade, 701 - 2º Cj 25 CEP 01503-001 - S. Paulo-SP - Brasil > Tel: (+55 11) 3207-8083 / (+55 11) 3208-1546 Fax: (+55 11) 3207-8083 - > [EMAIL PROTECTED] > Av. Santos Dumont 2727, Sala 806 CEP 60150-161 - Fortaleza/CE - Brasil > Tel/Fax: (+55 85) 3224-4956 - [EMAIL PROTECTED] > www.lawrei.com
