A foreigner who has been married* to a Portuguese citizen for at least three years can obtain Portuguese nationality during said relationship, if none of the circumstances justifying opposition to the acquisition of nationality apply.
* Those in a common-law marriage are also entitled, although there are some differences in the process.
The spouse obtains derived nationality, but can then also pass on Portuguese nationality to the other spouse and to children who are minors or born after acquiring nationality.
We’ll analyse and compare the birth and marriage certificates, taking the opportunity to detect any discrepancies in the documents that could hinder the process.
In some cases, it is presumed that there is an effective link with the Portuguese community:
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 opposition to nationality does not apply to situations of acquisition of nationality when there are common children of the Portuguese couple or the relationship/marriage has lasted 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.
A Lamares, Capela & Associados presta os seus serviços a pessoas e empresas nacionais e internacionais.