Procedure for obtaining Portuguese Nationality for minor children and spouse of a Portuguese citizen

Published on: August 5, 2020

Reading time: 5 min

Procedure for obtaining Portuguese Nationality for minor children and spouse of a Portuguese citizen

Regulations

The regulation for obtaining Portuguese nationality is enshrined in Decree-Law n. º 237-A/2006 as amended by Decree-Laws n. No. 43/2013 and n. º 71/2017. Additionally, there is Decree Law 30A/2015 which allows the granting of Portuguese nationality through naturalization to Sephardic Jewish descendants[1].

Procedure for minor children

Portuguese nationality can be acquired through will, adoption and naturalization.[2]In the particular case of minors whose parents have acquired Portuguese nationality, Article 13 of Decree 237-A/2006 provides for the possibility of requesting to obtain it through a declaration of will.

Art.13. The incapable children of a mother or father who has acquired Portuguese nationality, if they also wish to acquire it, must declare, through their legal representatives, that they intend to be Portuguese. The declaration must indicate the parent’s record of acquisition of nationality.

Conditions [3] :

Be under 18 years of age.
The mother or father acquired Portuguese nationality after the child was born.
You must declare through your legal representatives that you wish to acquire Portuguese nationality using the declaration form for the acquisition of Portuguese nationality[4].

It is advisable to have an effective link with the Portuguese community. Examples of possible links may include:

a) Have been legally resident in Portugal for 5 years.
b) Be registered in the National Health System or in the regional health services.
c) Proof that you are studying in Portugal.

Necessary documents [5] :

Birth certificate of the mother or father who acquired Portuguese nationality stating such acquisition. *This requirement may be omitted if the acquisition registration is recorded in the Portuguese civil registry office and the year and registration number are identified.
If the parents of the minor are married, a document proving such marriage must be presented.
Birth certificate of the minor, apostilled and translated into Portuguese.
Document stating the foreign nationality of the minor translated into Portuguese.
If the minor is over 16 years of age, a criminal record must be provided by the foreign countries where the minor has lived since the age of 16. The document must be translated into Portuguese.
Document that proves the effective link that the minor has with the Portuguese community.

Formalities [6] :

The declaration for the acquisition of Portuguese nationality must be signed in the presence of one of the registration officials when it is delivered. Or if the declaration is sent by mail to the “Balcões da Nacionalidade ou para Conservatória dos Registos Centrais”, there must be someone with power of attorney to acknowledge the signatures.
The declaration for the acquisition of Portuguese nationality must be signed by the legal representatives of the minor. They may be represented by a proxy.

Applications can be submitted at:

At a window of the Institute of Notary and Registry of the National Center of Support for the Integration of Migrants in Lisbon or Porto.
At the Areeiro Records Space in Lisbon.
At the Odivelas citizenship office.

*If mailing, orders should be sent to:

Conservatória dos Registos Centrais Rua Rodrigo da Fonseca, 198 1099-003 Lisbon.

Clarification: when the application for Portuguese nationality is made under the assumption of Sephardic origin, Decree Law 30A/2015 specifies that each application must be made individually by each person of legal age. Therefore, adult children must go through the same procedure as the applicant parent, while minors must wait for their parent to acquire Portuguese nationality and then apply for it through their legal representative by means of the declaration of will provided for in Article 13 of Decree Law 237-A/2006.

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Spousal proceedings

Article 14 of Decree 237-A/2006 provides for the possibility of requesting to obtain it through a declaration of intent. However, the rule is clear in requiring that the marriage between the foreigner and the Portuguese national must have a minimum duration of three (3) years for the application for nationality to be admissible.

Documents [7] :

Civil registration of marriage. *This requirement will not be necessary if this document is already in a Portuguese registry office where the year and number are identified.
Applicant’s birth certificate apostilled and translated into Portuguese.
Civil registry of birth of the Portuguese spouse. *This requirement will not be necessary if this document is already in a Portuguese registry office where the year and number are identified.
Document stating the foreign nationality of the applicant spouse, apostilled and translated into Portuguese.
Criminal record certified by the countries where the person lived after the age of 16. If it is not in Portuguese, it must be translated.

It is advisable to present documents proving a link with the Portuguese community. An example of this may be:

a) A letter of employment.
b) Certificate of social security affiliation in Portugal.
c) Utility bill of the place where you reside in Portugal.
d) Lease contract of the place where he/she resides in Portugal.

Formalities [8] :

You can download the declaration form for the acquisition of Portuguese nationality and fill it out.
You must sign the declaration in the presence of one of the Registration Officers when you are going to deliver the order. You may do so through a proxy.
If you prefer to send the declaration by mail, to “Os Balcões da Nacionalidade ou para a Conservatória dos Registos Centrais” you must sign it before someone with power to acknowledge the signature.

Applications can be submitted at:

At a window of the Institute of Notary and Registry of the National Center of Support for the Integration of Migrants in Lisbon or Porto.
At the Areeiro Records Space in Lisbon.
At the Odivelas citizenship office.

*If mailing, orders should be sent to:

– Conservatória dos Registos Centrais Rua Rodrigo da Fonseca, 198 1099-003 Lisbon.

Procedures for the permanent partner

As for the spouse, Article 14 of Decree 237-A/2006 provides for the possibility of requesting to obtain it through a declaration of intent. The rule requires that the foreigner applicant cohabit with the Portuguese national in conditions analogous to those of spouses for more than three (3) years. Additionally, the marital union must have been previously declared (have recognition).

Conditions [9] :

Present a certificate of the judicial sentence where it is recognized that they have been living together for more than three (3) years in conditions similar to those of a married couple.
Submit a declaration less than 3 months old in which the Portuguese citizen confirms that they continue to live in a common-law marital union. This declaration can be made in person before the official receiving the application, indicating the Portuguese citizenship card number.

*Regarding the paperwork and the other necessary documents, the procedure is the same as that followed by the spouse.

If you have any doubts about the procedures to obtain the Portuguese nationality by Sephardic origin, and the nationality for your minor children, spouse or permanent partner, we can help you. At Servicio Legal we are experts in immigration law and we will help you step by step to achieve your Portuguese nationality.