Portuguese Citizenship

Common-Law Married

For whom it is intended:

A foreigner in a common-law marriage with a Portuguese citizen for at least three years may obtain Portuguese citizenship during that union, if none of the circumstances justifying opposition to the acquisition of citizenship are present.

For Citizenship purposes, the common-law marriage can only be proven by a judicial judgement to be instituted in Portugal against the Portuguese State with the intervention of a mandatory lawyer.

The partner obtains the derived citizenship, but can then also transmit the Portuguese citizenship to its spouse and to children who are minors or who were born after acquiring the citizenship.

Requirements:

  • Living in a common-law marriage for 3 years with a Portuguese citizen;
  • None of the circumstances justifying opposition to the acquisition of citizenship are present:
    • The lack of effective connection to the national community;
    • A conviction for an offence carrying a maximum prison sentence of three years or more.
    • The exercise of public functions not predominantly of a technical nature;
    • The provision of non-compulsory military service to a foreign state;
    • The existence of a danger or threat to national security or defence by their involvement in activities related to the practice of terrorism.
  • Compile, among others, the following documents:
    • Identification document
    • Birth certificate
    • Portuguese birth certificate
    • Criminal record of the country of birth and citizenship and of all countries where the applicant has resided after 16 years of age
    • Judgment recognising the common-law marriage
    • Declaration of maintenance of the common-law marriage
  • Any of the following may occur beforehand:
    • To locate the Portuguese birth certificate in Portugal – we can help.
    • Judicial Action for Recognition of Common-law marriage to be brought in Portugal against the Portuguese State.

We will analyse and compare the birth certificate and marriage certificate, taking the opportunity to detect any inconsistencies in the documents that may impede the process.

In some situations, an effective link with the Portuguese community is presupposed:

  • Be a native and national of a Portuguese-speaking country, married/common-law married for five years with a Portuguese national;
  • Know Portuguese well enough, have been married/common-law married with a Portuguese national for five years;
  • Legally resident in Portuguese territory for the three years prior to the application and shows school attendance in an educational establishment in Portuguese territory or demonstrates knowledge of the Portuguese language;
  • Legally resident in Portuguese territory for the five years immediately prior to the application.

When the Registrar considers that any of the circumstances mentioned above occur, the latter communicates that information to the Public Prosecutor’s Office, which may initiate legal action opposing nationality in the Administrative Court.

* This action is surmountable if the case is well instructed, as it is the Prosecutor’s Office that has to prove the absence of a link and not the applicant who has to prove his link.

The action of opposition to citizenship does not apply to situations of acquisition of citizenship when there are common children of the Portuguese couple or the marriage/common-law marriage has lasted for more than six years.

Process:

  1. Framing the right and determining the best strategy for the client and their family.
  2. Guidance on the issue and legalisation of foreign documents by the client.
  3. Submission of the file to the competent registry/court/sector in Portugal and regular monitoring of progress.
  4. Sending the final document to the client – be it the judgement, the civil registration certificate (birth, marriage, death), etc.

* In the citizenship process the client receives a certificate of the Portuguese birth certificate and has the obligation to request the issuance of the ->Citizen Card-> and in possession of the latter, if desired, it can also request the issuance of the ->Portuguese Passport->. Both documents can be issued at the Portuguese Embassy and/or Consulate or directly in Portugal. Ask us how.

Get in touch with us for further information.

Lamares, Capela & Associados is committed to protecting and respecting your privacy and we will only use your personal information to manage your account and provide the products and services you have requested. Occasionally, we would like to contact you about our products and services and also about other matters that may be of interest to you.

Other Contacts

Lamares, Capela & Associados provides its services to national and international individuals and companies.

Lisbon, Portugal

Get in touch with us for further information.

Lamares, Capela & Associados is committed to protecting and respecting your privacy and we will only use your personal information to manage your account and provide the products and services you have requested. Occasionally, we would like to contact you about our products and services and also about other matters that may be of interest to you.
We value your privacy

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