How to Obtain Portuguese Nationality?

Portuguese nationality is a coveted status for many, offering the opportunity to live, work, and travel freely across the European Union. Portugal, with its rich history, vibrant culture, and high quality of life, increasingly attracts people seeking citizenship. In this article, we will explore the various paths to obtaining Portuguese nationality, the legal requirements, common mistakes to avoid, and recent updates to the laws.

Portuguese nationality is governed by the Portuguese Nationality Law (Law No. 37/81, October 3) and its subsequent amendments. This law establishes the criteria and processes for the attribution, acquisition, loss, and reacquisition of Portuguese nationality.

There are several paths to acquiring Portuguese nationality, each with specific requirements. The main ones include:

1. Nationality by Descent Portuguese nationality by descent is one of the most direct paths and is primarily intended for children and grandchildren of Portuguese citizens.

   Children of Portuguese CitizensAccording to the Portuguese Nationality Law (Law No. 37/81), children of a Portuguese mother or father born abroad are entitled to nationality.

   Grandchildren of Portuguese CitizensFor grandchildren of Portuguese citizens, Portuguese legislation allows the acquisition of nationality provided that an effective connection to the Portuguese community is demonstrated (e.g., showing ties to Portugal, such as residence, participation in cultural activities, or knowledge of the Portuguese language).

   
   

2. Nationality by Marriage or Domestic Partnership (Stable Union) Spouses or partners of Portuguese citizens can apply for Portuguese nationality through marriage or domestic partnership, according to updated rules.

   Requirements:

   • Duration of Relationship: The marriage or stable union must have lasted at least three years.

   • Connection to the Portuguese Community: Proof of integration into Portuguese society, which may include language proficiency and community ties.

   • Absence of Criminal Convictions: The foreign spouse or partner should not have been convicted of crimes punishable by more than three years of imprisonment.

     
     

3. Nationality by Naturalization Naturalization is a broader process available to foreigners who have legally resided in Portugal for a period of 5 years.

   Requirements:

   • Legal Residence: Minimum of five years of legal residence in Portugal.

   • Knowledge of the Portuguese Language: Proof of proficiency in the language, usually through recognized exams.

   • Integration into Society: Demonstration of active participation and integration into Portuguese community.

   • Good Moral Character: Absence of criminal convictions involving imprisonment of three years or more.

     
     

4. Nationality by Adoption Portuguese nationality can be acquired by foreign children adopted by Portuguese citizens, as stipulated in Article 5 of the Nationality Law.

   Requirements:

   • Full Adoption: The adoption must be full and carried out in accordance with Portuguese laws.

     
     

5. Nationality by Investment (Golden Visa) Although not a direct route to nationality, the Golden Visa (or Residence Authorization for Investment Activity) allows foreign investors to obtain residence in Portugal, which can eventually lead to naturalization.

   Requirements:

   • Real Estate Investment: Minimum investment of €500,000 in property, depending on the location in Portugal.

   • Job Creation: Creation of at least ten jobs in Portugal.

   • Capital Investment: Transfer of capital of at least €1 million.

   • Investment in Research or Culture: Significant financial contributions to scientific research or cultural projects in Portugal.

     
     

6. Nationality for Individuals Born in Portugal Currently, children born in Portugal to foreign parents may acquire Portuguese citizenship under certain conditions. If one of the parents is legally residing in the country at the time of the child's birth, meaning holding a valid residence permit, the child is entitled to citizenship.

   If neither parent holds legal documentation, they must prove that they have been residing in Portugal for over a year, regardless of the type of residence permit.

   
   

7. Nationality for Sephardic Jews Descendants of Sephardic Jews expelled from Portugal in the 15th century can apply for Portuguese citizenship.

   To do this, it is essential to prove ancestral lineage through genealogical research demonstrating the family connection to the Sephardic community.

   Currently, the legislation requires that, in addition to proving Sephardic ancestry, the applicant must have resided in Portugal for at least three years before applying for nationality.

   
   

Documentation for Portuguese Citizenship

Each category of Portuguese citizenship application has specific requirements and requires appropriate documentation. Here are the main documents needed, providing an overview of how to organize your Portuguese nationality process securely:

• Birth Certificates of Ancestors: It is necessary to present birth certificates of your parents or grandparents to prove your Portuguese ancestry.

• Marriage Certificate or Declaration of Domestic Partnership: This document is used to prove the familial link with the spouse who is a Portuguese citizen.

• Residence Permit: For those seeking naturalization, it is required to show legal residence in Portugal for a minimum of five years.

• Historical Records for Sephardic Jews: Descendants of Sephardic Jews must present documents proving their ancestry. This usually requires a study conducted by a specialized genealogist to validate the family lineage.

  
  

Common Mistakes and How to Avoid Them in the Portuguese Citizenship Process

The process of obtaining Portuguese nationality can be complex, and several common mistakes may delay or even result in the rejection of applications. Here are some of the most common errors and tips on how to avoid them:

1. Incomplete or Incorrect Documentation Many applications are rejected due to incomplete documentation or errors in the submitted documents.

2. Failure to Prove Connection to the Portuguese Community For some categories, it is crucial to demonstrate an effective connection to the Portuguese community.

3. Underestimating Processing Time The processing time for nationality applications can be long, and many applicants underestimate the duration, leading to frustrations.

4. Lack of Knowledge of Nationality Laws Ignorance of specific laws and regulations can lead to avoidable mistakes.

5. Criminal History or Legal Issues A criminal history or legal issues in Portugal or abroad can be significant obstacles to obtaining nationality.

6. Illicit Legal Representation In recent years, the significant increase in Portuguese nationality applications has revealed a concerning issue: the rise in cases of illicit legal representation. Both the Conservatória and the Ordem dos Advogados, as well as Portuguese law enforcement, have been dealing with this problem.

   This occurs because, in Portugal, only licensed lawyers and solicitors can professionally represent others in nationality processes. Therefore, when the nationality process is handled by unqualified individuals, it constitutes a crime of illicit legal representation. This practice is considered a criminal offense and can result in a prison sentence of up to one year or a fine of up to 120 days.

   Hence, it is crucial to be cautious: do not engage in or contribute to illicit legal representation.

7. Fraud and False Documents When starting the process to obtain Portuguese nationality, the first step is to verify your family origin with older relatives. This includes details such as the name of the city from which your ancestors emigrated, the year of birth, and the names of your parents.

   Getting Accurate Information To avoid problems during the citizenship process, it is crucial to seek information from reliable sources. Consult official websites such as the Instituto dos Registos e do Notariado (IRN) and the Agência para a Integração, Migrações e Asilo (AIMA). Familiarize yourself with the specific requirements and procedures for each category of application, such as being a descendant of a Portuguese citizen, a spouse, or a regular resident in Portugal.

   If it is not possible to obtain information directly from family members, you can use documents such as your parents' birth certificates to identify your grandparents' place of origin or marriage or death certificates to determine your great-grandparents' origins. These certificates should provide the necessary documentation to confirm Portuguese ancestry.

   Beware of False Documents One of the most serious and common mistakes is the use of falsified documents. Some, in an attempt to expedite the process or out of desperation, resort to falsified birth certificates, residence proofs, or criminal record certificates.

   The use of false documents is not only a crime punishable by imprisonment but also completely invalidates the nationality process. Portuguese authorities have rigorous methods to verify the authenticity of documents, and discovering a forgery may result in a ban on applying for nationality in the future.

8. Hire Qualified Professionals When seeking professional assistance for your application, ensure that the lawyer or solicitor is properly registered and has experience with Portuguese nationality processes. You can verify professional qualifications through the websites of the Ordem dos Advogados Portugueses and the Ordem dos Solicitadores e dos Agentes de Execução.

   Be wary of promises of guaranteed results or miraculous solutions. Legality and transparency are essential for a successful process.

9. Avoid Dangerous Shortcuts Finally, it is important not to seek shortcuts or quick solutions, even if they seem attractive when the process is lengthy or complicated. Such paths often lead to greater problems, which can delay or even jeopardize the nationality process.

   Therefore, when considering applying for Portuguese nationality, follow the process correctly, avoid fraud and easy solutions, and always seek the help of qualified professionals.

   
   

Portuguese nationality offers numerous benefits, but the process of obtaining it requires attention to detail and understanding of the laws and requirements. By avoiding common mistakes and staying informed about legal changes, you can increase your chances of success. Always consider seeking professional advice when needed and plan your path to Portuguese citizenship with care and diligence. Good luck on your journey to Portuguese nationality!

The information provided is general and does not substitute legal consultation. Consult a lawyer and take a preventive approach to legal matters.