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Portuguese Citizenship by Marriage: Legal Framework and Recent Changes to the Law
Portugal is an incredibly popular country for holidaymakers, entrepreneurs, and foreign nationals looking for a new lease of life. Foreign nationals married to a Portuguese citizen can apply for Portuguese citizenship to strengthen their ties to the country and familial in-law ties. Applying for Portuguese citizenship by marriage is governed by a legal framework that is constantly changing, so it’s essential to ensure you are eligible and compliant with the current nationality laws.
This guide will explore the Portuguese citizenship by marriage laws, including the legal framework and amendments.
Click on the links below to jump to that section:
A detailed breakdown of the requirements for Portuguese citizenship by marriage.
Discover the primary legislation regarding Portuguese citizenship and its main considerations.
- How Have Recent Amendments to the Law Affected Citizenship Applications for Citizenship in Portugal?
The most recent amendments to Portuguese Nationality Law, and how it impacts citizenship applications by marriage.
Find how your Portuguese citizenship application may be rejected.
Find out whether your citizenship will be voided after divorce from a Portuguese spouse.
Giambrone & Partners are here to assist with applying for Portuguese citizenship by marriage – find out how.
Read common queries on the citizenship application process in Portugal.
The Eligibility Criteria to Become a Portuguese Citizen by Marriage
- If you have been married to a Portuguese spouse for at least three years.
- If you have cohabited with a Portuguese citizen for at least three years and have Portuguese children.
- If you have been in a non-marital relationship (De Facto Union) with a Portuguese citizen without children for at least six years.
- Your marriage or De Facto Union is registered with the Portuguese Civil Registry Office (Conservatória do Registo Civil).
- Knowledge of the Portuguese language and culture (unless married for more than five years)
Unlike other pathways to Portuguese citizenship, such as naturalisation, there are no residency requirements if you apply for citizenship in Portugal by marriage. You must provide proof of integration into Portuguese society and culture, as well as language proficiency to a level A2.
Read more about the application process for Portuguese citizenship by marriage, including required documents and eligibility criteria, here.
What Are the Fundamental aspects of Portuguese Citizenship by Marriage?
The primary legislation governing Portuguese nationality is Law No. 37/81 of October 3rd (Portuguese Nationality Law) and its subsequent amendments. Under this law, a foreign national married to a Portuguese citizen may apply for citizenship after three years of marriage or civil union (De Facto Union), provided the marriage is legally registered in Portugal.
A key provision in the law requires that the applicant demonstrates an effective connection to the Portuguese community by providing concrete evidence. This has traditionally been interpreted as involving proof of language proficiency, residence in Portugal, or cultural integration. However, legal amendments and court rulings have shaped the practical application of this requirement.
How Have Recent Amendments to the Law Affected Citizenship Applications in Portugal?
In recent years, several amendments have been made to the Portuguese Nationality Law, altering the criteria and proceedings for gaining citizenship. Law amendments include:
2020 Amendment
The revision in 2020 to the Portuguese Nationality Law expanded the scope for citizenship applications by birth. including provisions for dual nationality. This allowed children born in Portugal to foreign parents to have birthright citizenship (provided one parent has been legally resident in Portugal for at least a year).
This revision clarified that foreign spouses also no longer need to prove an effective connection to the Portuguese community if they have children with their Portuguese spouse or have been married or lived together for more than six years.
These changes were enacted on November 11th, 2020.
2022 Amendment
The 2022 reform further relaxed the connection to the community requirement, making it easier for foreign spouses to qualify. It introduced more flexible criteria for demonstrating integration, allowing various forms of evidence beyond residence.
These changes came into effect on April 1st, 2022.
2024 Amendment
The most recent amendment to the Portuguese Nationality Law, effective April 1, 2024, changed the legal residence time considered for citizenship applications. This change included the start date of any previous residency visas to be considered when living in Portugal as part of the eligibility criteria for gaining citizenship.
The amendment also introduced stricter background checks related to national security concerns. Authorities now place greater emphasis on assessing an applicant’s criminal record, ensuring that individuals who pose security risks are excluded from nationality grants.
To ensure compliance with the latest regulations and legislative changes, legal advice from experienced cross-border immigration lawyers (Advogados) should be sought.
Giambrone & Partners specialises in cross-border matters. Our Portuguese immigration lawyers (Advogados) are aware of differing and changing laws regarding gaining citizenship, and will guide you through every stage of the application process.
Request a callback with Giambrone & Partners Portuguese lawyers for more information.
What Are the Legal Grounds for Refusal of Portuguese Citizenship Applications?
It’s important to know that specific circumstances may impact Portuguese citizenship, and Portuguese authorities can refuse applications on legal grounds.
- Criminal Record Check: Applicants who have been convicted of a crime punishable by a minimum of three years in prison may be denied citizenship under Portuguese law
- National Security Concerns: Individuals with links to extremist groups, terrorism, or activities deemed a threat to national security may be disqualified.
- Failing to Prove Connection: One of the main eligibility criterion for Portuguese citizenship is proving an effective connection to the country. This involves a language proficiency test (to a level A2), testimonials from Portuguese residents (such as friends and neighbours), and integration into the community (library card, attending social events, for example). Failure to do so can weaken your chances of a successful Portuguese citizenship application.
- Fraudulent Marriages: After submitting your citizenship application, Portuguese authorities rigorously assess the legitimacy of the marriage, which may lead to future interviews with you and your spouse. Sham marriages entered solely for citizenship purposes will lead to rejection.
During the citizenship application process, if your marriage or De Facto Union ends, either by the death of your Portuguese spouse or divorce, this will also cause grounds for opposition.
What Happens to My Portuguese Citizenship After Divorce?
Once your Portuguese citizenship application is approved, you will be registered with the Civil Registry of Portugal and can apply for a Portuguese passport. Despite needing to be married to a Portuguese spouse to acquire citizenship by marriage for at least three years, if the marriage dissolves, this does not affect your citizenship.
Divorce in Portugal may affect a foreign national’s residency status, especially if they have a spouse visa. However, if they obtained Portuguese citizenship before divorce proceedings began, they can legally remain their new nationality and residency in Portugal.
How Giambrone & Partners Can Help
Given the complexity of nationality law and its frequent amendments, legal assistance is crucial.
Giambrone & Partners specialises in Portuguese nationality law, offering expert guidance to ensure compliance with current regulations and to address potential challenges in the application process.
Our experienced Portuguese immigration lawyers will advise and guide you through the citizenship application process. We will scrutinise the required documentation (including your marriage certificate), ensuring you meet all eligibility, and that your application will not be rejected due to avoidable errors.
For more information on applying for Portuguese citizenship by marriage, request a callback with our Portuguese lawyers here.
Frequently Asked Questions
Is Residency in Portugal Required for Citizenship by Marriage?
Unlike naturalisation through residence, citizenship by marriage does not explicitly require the foreign spouse to reside in Portugal. However, effective connection to the Portuguese community remains a criterion in some cases, particularly if the couple, including life partners, do not have children.
The updated legal framework has reduced the burden of proof for this requirement, but demonstrating cultural or linguistic ties may still be necessary.
To discuss your circumstances, Contact us today.
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The Process: Applying for Portuguese Citizenship by Marriage