Portugal Citizenship By Marriage For Americans

Overview

Before applying, you need to ensure that you have your documentation in order. Some certain documents and requirements will be needed to complete a successful application. These are as follows:

• A filled out application form.
• A certified copy of the Birth certificate of the applicant which has been legalized by the Portuguese Consulate with jurisdiction over the area of birth or by Apostille.
• A copy of the spouse’s Portuguese valid passport and ID card.
• A Complete Narrative Birth Certificate of the Portuguese spouse, which has been issued within the last 6 months, should also contain the due integration of the marriage as well.
• FBI Nationwide Criminal Record certification authenticated by Apostille.
• A Criminal Record certificate that has been issued by the authorities of the country of the applicant’s birth, and any countries in which the applicant has resided after age 16, with a respective Portuguese translation. (It is possible that the applicant can be exempt from presenting the Portuguese Criminal Clearance, as it can be obtained on a compulsory basis by the Portuguese Government. However, it should be advised that it be presented by the applicant.)
• Proof showing that the applicant has never been employed as a foreign Civil Servant, nor has served in any foreign armed force unless it has been required by localized law.
• Proof of knowledge of the Portuguese language. This can be presented in a handwritten letter that explains the motive of the request for nationality. (Should the applicant have been married to a Portuguese national for over 5 years, then proof of knowledge of the Portuguese language will not be required.)

How To Prove Knowledge Of The Portuguese Language?

You can prove your knowledge of the Portuguese language with any of the following documents:

• A diploma issued by a Portuguese private or public school under the legal terms of Portuguese law
• A certificate of approval in exams carried out by any legal Portuguese learning institution
• A certificate of proficiency in Portuguese as a foreign language which has been issued by an accredited Portuguese evaluation center
• A certificate of approval in an exam that has been issued by the Portuguese Consulate in times when the applicant was still living abroad

If the applicant studied at a public or private school in any Portuguese-speaking country, evidence of knowledge of Portuguese can be given via a Diploma that has been provided through a teaching institute.

Proving Connection To Portuguese Community

Applicants also need to be able to establish effective connections to the Portuguese Community that are bond family ties. This must be done through the presentation of concrete evidence, witnesses, and so on. This can include activities that are beneficial to the community or the Portuguese culture. Some examples of ties to the Portuguese community can include the following:

• Photograph proof of visits to Portugal
• Receipts from hotels, airlines, restaurants, and even medical bills
• Portuguese clubs and/or associations in the United States.

Overview

Follow this step-by-step guide on how to apply for Portuguese citizenship by marriage.

1. Register The Marriage/ Partnership

If you married a Portuguese citizen in another country, this means you will need to register the marriage in Portugal with the Civil Registry Office. This can be done at the local Portugal Consulate in the location of the wedding. This is known as the ‘transcription of marriage celebrated abroad’.

When this is done, a birth certificate needs to be brought and it must be legalized by the Apostille of your home country. Your spouse will require the following documentation:

• Portuguese ID documents
• Bridal statement regarding the name used post-marriage
• A filled-out declaration
• Long-form Marriage certificate corresponding to the type of ceremony legalized by the Apostille of the Government of the country in which the marriage occurred.

There is also the requirement to decide between signing a prenuptial agreement as well as marrying under the terms of:

• Full communion of property
• Communion of property acquired after marriage
• Full separation of property.

Around 2-3 months after the registration, you will be sent a certification of registration; for this, at least one person will need to be in Portugal.

Regarding non-marital partners, there needs to be a legal recognition of union in Portugal. If the relationship began internationally, then a Portuguese court of valid jurisdiction needs to approve of the sentence that recognizes the relationship.

2. Application For Portuguese Nationality

After registration is completed, the naturalization route is applicable. You need to fill out the application form, paying the fee of €250. After this, send the required documents to the Civil Registry Office and ensure they are original documents or certified copies.

Further documentation may be required after the aforementioned listed documents. After you have sent your application with the required documentation, authorities will review your application.

Prove Effective Connection To Portuguese Community

You will also have to prove that you have a connection to the Portuguese community. However, there are some cases in which this is presumed, which will reduce the risk of Portuguese citizenship being denied.

This can include:

• Being a native/national of a Portuguese-speaking state and being in a de-facto union/ marriage with a Portuguese national for a minimum of 5 years.
• Having a thorough knowledge of the Portuguese language and being married/in a stable union with a Portuguese national for a minimum of 5 years.
• Being a national/native of a Portuguese-speaking state and having children of Portuguese origin with your partner from Portugal.
• Living in Portuguese territory with legal residency within 6 years before application and being registered with Portuguese tax administration, NHS/regional health.
• Residing in Portuguese territory for 3 years or more before the application, as well as having certified school attendance in an educational institution in Portugal, with proficiency in Portuguese, and registration with the Portugal Tax Administration, NHS/ regional health.