Portuguese Nationality by Acquisition

Portuguese nationality can be acquired through intent, adoption or naturalization.

Portuguese nationality for minors

The Portuguese nationality is granted to the minor or incapacitated, whose mother or father has acquired Portuguese nationality after his or her birth.

Declaration after acquisition of capacity

Those who have lost Portuguese nationality through a declaration made during their incapacity can acquire it, when able, by declaration.

Portuguese nationality by marriage or co-habitation

A foreigner who is married for more than three years with a Portuguese national can acquire Portuguese nationality by means of a statement made during marriage.

A foreigner who co-habits with a Portuguese national for more than three years can acquire Portuguese nationality after recognition of this situation in the civil court.

The applicant shall also demonstrate:

  • Evidences of effective connection to the national community;
  • Has not been convicted of a final decision and res judicata of an offense punishable by a prison sentence equal to or greater than 3 years under Portuguese law;
  • Has not have carried out public administrative duties of a non-technical nature in the service of a Foreign State;
  • Has not to have served voluntary military service in a Foreign State;
  • There is no danger or threat to national security or defense by their involvement in activities related to the practice of terrorism;

Portuguese Nationality through adoption

The fully adopted by a Portuguese national acquires Portuguese nationality.

The rule applies to foreigners who are fully adopted by a Portuguese national, by a final decision after the Portuguese Nationality Act Law 37/81, of 3 October.

If the adoption judgment comes from a foreign court, it must first be reviewed and confirmed by the Portuguese Court, unless it is a decision of a country, with which an agreement has been concluded that does not require the review and confirmation of the sentence.

Sephardic Jew ancestry

Descendants of Portuguese Sephardic Jews may acquire Portuguese nationality, satisfying each of the following requirements:

  • To be descendants of Portuguese Sephardic Jews
  • Belonging to a Sephardic community of Portuguese origin.
  • Be 18 years old or emancipated by Portuguese law;
  • Have not been convicted of a final sentence of a crime punishable under Portuguese law, with a maximum prison sentence of 3 years or more.

Citizenship acquisition by Naturalization

1. Foreigners legally residing in Portugal for at least 5 years

The Government grants Portuguese nationality, by naturalization, to foreigners who:

  • Have been legally resident in Portugal for at least 5 years;
  • Are aged 18 or emancipated under Portuguese law;
  • E Have sufficient knowledge of the Portuguese language;

Have not been convicted of a final decision and res judicata, of a crime punishable under Portuguese Law, with imprisonment for a maximum equal to 3 years or more;

2. Minors, born in Portuguese territory, children of foreigners

Minors, born in Portuguese territory, the children of foreigners may acquire Portuguese nationality.

The applicant shall also demonstrate that:

  • Have sufficient knowledge of the Portuguese language;
  • Have not been convicted with a final sentence of judgment and res judicata, of a crime punishable under Portuguese Law, with imprisonment for a maximum equal to 3 years or more;
  • One of the parents has been legally resident for at least five years, at the time of application for nationality;
  • The minor here has completed the first cycle of basic education, at the time of application for nationality.
3. Individuals who have had Portuguese nationality and who, having lost it, have never acquired another nationality

The Government grants naturalization to persons who have had Portuguese nationality and who, having lost it, have never acquired another nationality since:

  • Are aged 18 or emancipated under Portuguese law;
  • Have not been convicted with a final sentence of judgment, of a crime punishable under Portuguese Law, with imprisonment for a maximum equal to 3 years or more.
4. Persons born in Portuguese territory, the children of foreigners, who have usually stayed here in the 10 years immediately prior to the request

In these cases the Government may grant nationality, by naturalization, who satisfies each of the following requirements:

  • Are aged 18 or emancipated under Portuguese law;
  • Have sufficient knowledge of the Portuguese language;
  • Have not been convicted with a final sentence of judgment, of a crime punishable under Portuguese Law, with imprisonment for a maximum equal to 3 years or more.
5. Individuals who are not stateless
  • Have been of Portuguese nationality;
  • Those who are descended from Portuguese;
  • To members of communities of Portuguese ancestry and to foreigners who have provided or are called upon to render services relevant to the Portuguese State or to the national community.

In these cases the Government may grant nationality, by naturalization to the interested parties, provided that:

  • Are aged 18 or emancipated under Portuguese law;
  • Have not been convicted with a final sentence of judgment, of a crime punishable under Portuguese Law, with imprisonment for a maximum equal to 3 years or more

NOTE:

The acquisition of nationality will take effect from the date of registration and not from birth, as in the case of the original assignment of Portuguese nationality.

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