1. What are the possibilities of becoming Portuguese as outlined in the nationality law in Portugal?
Three possibilities:
- Naturalization (derived nationality)
- Attribution (original nationality)
- Reacquisition (having renounced nationality)
2. What is the difference between nationality by attribution and naturalization?
- Attribution:The right to become Portuguese is by birth. There are no limitations on its transmission.
- Naturalization:Fulfilment of requirements that allows the application for nationality. There are limits on transmission, only applicable to minor children.
3. What are the current options available to obtain nationality in Portugal?
Original:
- Children of Portuguese citizens
- Grandchildren of Portuguese citizens
- Those born in Portugal to foreign parents who are not serving their respective State
- Those born in Portuguese territory who can prove they do not have any nationality (stateless individuals)
- Adopted by Portuguese citizens
Acquisition:
- Minor or incapacitated children of parents who acquired nationality after their birth
- Legal residence in Portugal
- Marriage or de facto union with a Portuguese citizen
- Sephardic Jews (a proposed amendment to the nationality law aims to eliminate this possibility)
- Parents of a Portuguese citizen.
4. What are the benefits of Portuguese nationality?
- Right to reside, work, and study in Portugal and the European Union.
- Access to social and health benefits.
- Right to vote and be elected in Portugal.
- Possibility to transmit nationality to descendants.
- Portuguese passport, one of the strongest in the world, facilitating international travel.
5. Do all applicants need to prove proficiency in Portuguese?
No, proof of knowledge of the Portuguese language is waived in some cases, specifically:
- If you are a natural national of a country with Portuguese as an official language (for example, Brazil, Angola, Mozambique, and others)
- If you have been married to or in a de facto union with a Portuguese citizen for at least 6 years or have Portuguese children together – in other situations, proof of effective connection to the Portuguese community will be required, which can be demonstrated through various means, with knowledge of the Portuguese language being just one of them.
- If you are a direct descendant (child) of a Portuguese citizen.
6. What level of proficiency in Portuguese is required for nationality purposes?
The required level of Portuguese language proficiency corresponds to level A2 of the Common European Framework of Reference for Languages (CEFR). This proficiency level ensures that the applicant has a basic understanding of Portuguese and can communicate in simple, everyday situations.
7. How can proficiency in Portuguese be proven?
One way to prove proficiency is by taking the test and obtaining the CIPLE certificate. Certificates of attendance from courses of up to 150 hours from accredited institutions are also accepted.
8. How is the application process submitted?
The application process is submitted online through lawyers and solicitors.
9. How is the legalization of documents that need to be submitted in the process done?
All foreign documents must be apostilled (Hague Apostille) or certified by the Portuguese Consulate if the country is not a party to the Hague Convention to be valid in Portugal.
10. After submitting the application for Portuguese nationality, do I need a residence permit to live in Portugal?
Yes, only after the completion of the nationality process and the issuance of the Portuguese birth certificate will the foreigner be exempt from needing a residence permit to reside in Portugal.
11. Do I need to renew my residence permit while waiting for my nationality process?
Yes, while the process is pending, the foreigner must renew their residence permit upon expiration.
12. Do I need to have a valid residence permit to apply for nationality based on length of residence?
Yes, when submitting the nationality application based on length of residence, it is necessary for the residence permit to be valid.
13. Can a minor apply for nationality based on length of residence?
No, only individuals over 18 years old can apply for nationality based on length of residence.
14. Can the application for nationality by marriage be made only if the couple is married?
Those in a de facto union can also apply, provided they have cohabited for over 3 years and can prove the cohabitation with documentation.
15. If I divorce before the completion of the nationality application based on marriage, can the process be affected?
Yes, if the divorce process is finalized before the nationality application is completed, the right to nationality is generally lost. If the nationality application is completed and the divorce is not yet finalized, the right to nationality is not lost.
16. If I divorce after the nationality process, do I lose nationality?
No, the acquired right is maintained after divorce.
17. If I acquire nationality through marriage and later separate from the Portuguese spouse, can I transmit it to a future spouse through marriage?
Yes, if a person acquires nationality through marriage and separates from their Portuguese spouse, they can apply for Portuguese nationality through marriage again if they marry another foreigner.
18. What is the procedure to have my marriage to a Portuguese citizen validated in Portugal?
It is necessary to transcribe the marriage in Portugal, which involves registering it at the Register Office (Conservatória).
19. Can the parents of a Portuguese citizen apply for Portuguese citizenship?
Yes, as long as they have resided in Portugal for at least 5 years.
