Common-Law Married

• 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.