PRACTICE AREAS

Practice Areas
home » practice areas » nationality law » acquisition of nationality

Nationality Law

Acquisition of Nationality

The acquired Portuguese nationality has effect from the time of granting and not from the time of birth.

Naturalization encompasses various forms of acquisition of nationality , and the most usual processes are:

Naturalization of grandchildren

The Portuguese State grants naturalization to grandchildren that have at least one Portuguese grandparent in straight blood line- if the grandparent still holds Portuguese Nationality.
The individual (grandchild) may apply to citizenship by naturalization but it will only have effects from the date that it is granted.

Naturalization of grandchildren is a viable process of acquiring citizenship in cases where the parties have lost their ancestry in the first degree (father or mother deceased ). The path originally impaired by the lost of the parents can be somehow divert to the grandparents.

Naturalization by residence

An individual with legal and continuous residence in Portuguese territory for at least six years, can apply for Portuguese nationality.

Acquisition by marriage

The non Portuguese or "foreigner" needs to be married to the Portuguese citizen

for a minimum of 3 years.

The documents to add for the case are a marriage certificate and a birth
certificate of the non-Portuguese citizen.

We need also to add proof of ties to the Portuguese community and add a
police certificate showing the person has no criminal record or has not been
convicted for a crime punishable by Portuguese law with a prison sentence of
3 or more years.

These requirements also apply to same sex marriages or civil unions but in
this last case we need to add a certificate of the court decision
recognizing the civil union, the birth certificate of the Portuguese citizen
and a statement made by the Portuguese confirming the union still stands.

A foreigner married for over three years with a Portuguese national can acquire Portuguese nationality by declaration made ​​during the marriage, provided that proves effective link to the Portuguese community .

The same applies to the alien living in a de facto union for over three years with a Portuguese national, but marriage should be recognized by a competent court . It is preliminary to the request of nationality in this way the action recognition of the partnership in civil court.

Acquisition by Portuguese residents with a child underage

The applicants have to have been legally in the country for at least 5 years.
Also underage children born in Portugal, children of foreign parents, who at the time of application have at least 5 years of residence, have the right to acquire Portuguese nationality.

Acquisition of a child (minor)  that has completed of the 1st cycle of basic education

The child of foreign parents who have completed the first cycle of basic education in the Portuguese education establishment also is entitled to Portuguese nationality through naturalization.

Please make your consultation at:

lisbon@npadvogados.com
london@npadvogados.com