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