2 de October, 2023
The acquisition of Portuguese citizenship for a spouse (by marriage) or partner (by stable union) is a hypothesis that has long been foreseen by Portuguese nationality law. However, its demand has increased as legal changes have made this way of acquiring nationality easier and simpler.
In 2021 , around 16% of Portuguese nationality applications were from spouses and partners of Portuguese nationals, according to a SEF report. This is the second largest group of applicants, behind only those applying for naturalization (61%).
Despite this popularization, the subject still raises many doubts. In this article we will explain the general requirements of these two hypotheses for acquiring Portuguese citizenship in all its details, updated according to the laws in force in 2024.
Foreigners who marry Portuguese citizens or who have a stable union (“de facto union”) will be entitled to Portuguese citizenship by marriage. The minimum time of union required is:
No. The application for nationality and the respective declaration of will must always be made during marriage or stable union! If you are divorced, for example, you have unfortunately lost the opportunity to become a Portuguese citizen by this means.
No. The application for nationality must always be made during the marriage.
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Once the time requirements have been met, it is necessary to register the union in Portugal beforehand, if it took place abroad. Only then is it possible to apply for citizenship.
The application for nationality by the spouse can only occur through prior recognition of the marriage in Portugal. Thus, if the marriage took place outside Portugal, this recognition must be done through a specific administrative procedure, called “transcription of marriage celebrated abroad”.
The marriage transcription procedure costs 120€ .
In turn, the application for nationality by the partner can only occur through prior recognition of the stable union by the Portuguese Court. That is, if they maintain a stable union abroad, it will be necessary to file a lawsuit in Portugal to apply for nationality.
The Stable Union recognition procedure has a cost of 306€ .
For applications for acquisition of nationality by a spouse or partner, the Nationality Law also provides that Portuguese citizenship shall NOT be granted in the following cases:
The applicant must declare and/or prove that he/she is not covered by any of the situations above. Otherwise, the application may not even be filed at the Consulate or the Portuguese Public Ministry may file a lawsuit against the applicant, the so called “Ação de Oposição à Nacionalidade Portuguesa”, in order to have the application rejected.
To apply for Portuguese citizenship by marriage you must have the following documents:
Documents that are not in Portuguese must be translated!
For unions of less than 6 years duration, the applicant must prove that he/she has an effective link with Portugal in order to make his/her application. In this case, the more links with the country you can prove, the more likely your application will be successful.
Relevant proof of links with Portugal are considered, with a high chance of approval of the application:
Other proof of ties that can be presented, but which alone may not be sufficient for the application for Portuguese citizenship.
Those who have already been married to a Portuguese citizen for at least 6 years are exempt from taking the Portuguese language test to apply for Portuguese citizenship.
The same is true for nationals of CPLP countries.
For those who are foreigners, living in Portugal, married to a Portuguese for more than 3 years and less than 6, and wish to apply for citizenship, they will have to undergo local language proficiency tests.
It is not possible to say exactly how long it will take for your citizenship by marriage to be ready. It will depend on a series of factors, such as the volume of requests at the registry office, for example. Currently, the timeframe is around 36 months.
The process of obtaining Portuguese citizenship by marriage involves costs with documents, translations, apostille, in addition to administrative fees and, if you choose this route, the amounts charged by the advisory company. Thus, the cost may vary depending on the specific situation of the applicant. Will your documentation have to be translated? Will you have to undergo language tests? Each case is different. You need to take into account some values:
Attention: These values are subject to constant updates, so be sure to check the current rate.
It is very worthwhile to have the help of a specialized advisory service. The process of obtaining Portuguese citizenship through marriage itself is not complicated. However, having the help of a qualified and experienced professional can make all the difference in your application. Not only by offering greater chances of success, but also by providing greater peace of mind and comfort. If you wish to apply for your Portuguese citizenship, talk to an Atlantic Bridge consultant!
Are You Married With a Portuguese? Get Started With Your Citizenship >
Author:
Silvia Resende
