Portuguese Citizenship by marriage

When granted, Portuguese citizenship confers the right to hold a Portuguese passport and enjoy full European Union citizenship, including freedom of movement, residence, and work across EU member states. Citizenship is not automatic and depends on a careful legal assessment of the relationship, civil registration status, and compliance with statutory conditions.

Eligibility for Portuguese citizenship by marriage is determined primarily by the duration of the marriage or partnership, its formal registration in Portugal, and the applicant’s legal and criminal background. Proper preparation and procedural accuracy are essential, as applications are reviewed individually by Portuguese authorities in accordance with nationality regulations.

New law for portuguese citizenship by marriage

When a client comes to me asking about Portuguese citizenship by marriage, the first thing I explain is that this route is governed by the Portuguese Nationality Law and applies to both spouses and legally recognized non-marital partners of Portuguese citizens. Citizenship through marriage is possible, but it is not automatic and must meet specific legal requirements.

In practice, what matters most is the duration of your marriage or partnership, whether the relationship has been properly registered in Portugal, and whether your personal and legal background complies with nationality rules. If you have Portuguese children, the required period is shorter. In most cases, however, the standard requirement is six years of marriage or partnership.

Under the current law, you are generally not required to pass a Portuguese language test or provide formal proof of cultural integration, as long as the legal time requirements are met. That said, Portuguese authorities still review each application individually. Where documentation is incomplete or circumstances are complex, additional clarification may be requested.

Before any citizenship application is submitted, I always ensure that the marriage or partnership is correctly registered with the Portuguese civil registry. This step is essential, as foreign marriages must be formally recognized in Portugal for the required time period to be legally counted.

My role is to assess your situation carefully, explain which legal route applies to you, and ensure that your application is prepared in full compliance with Portuguese nationality law, reducing the risk of delays or refusal.

You must meet the following requirements:

1. You must have been married to, or in a non-marital partnership with, your Portuguese partner for at least 3 years, if you already have portuguese children
2. or 6 years if no portuguese children - this is the most common situation.

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Who Is Eligible for Portuguese Citizenship by Marriage

When I assess eligibility for Portuguese citizenship by marriage, I begin by reviewing whether the relationship meets the legal conditions set out in Portuguese nationality law. Citizenship through marriage is available to spouses and, in certain cases, to partners in a legally recognized non-marital partnership with a Portuguese national.

The law focuses primarily on the duration and legal validity of the relationship. If you have Portuguese children with your spouse or partner, an application may be submitted after three years. In all other cases, the required period is six years. Importantly, the relationship must still be legally valid at the time the citizenship request is filed.

Another essential requirement is civil registration in Portugal. Marriages or partnerships celebrated abroad must be formally registered with the Portuguese civil registry before they can be considered for nationality purposes. I regularly see otherwise eligible applications delayed simply because this step was overlooked or completed incorrectly.

I also review whether there are any legal factors that could affect eligibility, including criminal convictions that meet the statutory thresholds or circumstances that may raise public order concerns. While Portuguese citizenship by marriage does not generally require language testing or formal proof of integration, the authorities retain discretion to examine each case individually.

My role is to evaluate these elements carefully, explain how the law applies to your specific situation, and confirm whether you meet the eligibility criteria before any application is submitted.

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Portuguese citizenship by marriage processing time?

Currently the processing time on citizenship by marriage or citizenship for spouse ranges 4 months for the step 1 registering the marriage and for the step 2, submitting the citizenship request between 1,5 years to 2 years.

‍STEP 1 - register the marriage to the portuguese person - at this stage the foreign marriage is registered and the portuguese authorities are informed. In the end of step 1 you will get a new portuguese marriage certificate. The number of your of your local marriage count for the needed 3/ or 6 years.

If you meet all of the above requirements for portugal citizenship by marriage, you may submit your application for Portuguese citizenship by marriage or non-marital partnership to the relevant authorities - step 2. Please note that you may be required to provide additional documentation supporting your application.

STEP 2 - register the marriage for spouse after step 1 is obtained. This  processing time will take between 1,5 years to 2, years.

Reasons for denial of the portuguese citizenship through marriage

Certain conditions under which your application for Portuguese citizenship by marriage or non-marital partnership may be denied. These include, but are not limited to, the following:

1. If your marriage or non-marital partnership has ended, either through a divorce or the death of your partner, before the expiry of the 3 years required for eligibility.
2. If you have been convicted of a crime in Portugal, or any other country, which is punishable by imprisonment of 1 year or more.
3. If you are suspected of being a threat to national security, public order, or public health.
4. If you have falsified any documents in support of your application.

Documents needed for portuguese citizenship through marriage or non-marital Partnership

When preparing a citizenship application through marriage or non-marital partnership, the accuracy and consistency of civil documents are critical. In my experience, incomplete or incorrectly legalized records are among the most common reasons applications are delayed or subject to additional review. In most cases, the documentation required includes:

1. A completed Portuguese nationality application form
2. A copy of your valid passport.
3. A copy of your birth certificate.
4. A copy of your marriage certificate or non-marital partnership registration registered in Portugal, as applicable.
5. A criminal record check from your home country and any other countries in which you have resided for 6 months or more in the past 5 years.
6. Proof of payment of the applicable fees.

Foreign documents must comply with Portuguese registry standards. Depending on their country of origin, this may involve legalization or apostille, as well as certified translations. Each case is assessed individually, and additional documents may be requested where civil records are incomplete or require clarification.

Under the current law, applicants are generally not required to pass a Portuguese language test or provide formal proof of cultural integration, provided the statutory duration requirements are met.

Once the application file is complete, it is reviewed by the competent Portuguese authorities. Processing time depends largely on document quality, registry workload, and whether further verification is required.

My role is to review each document carefully before submission to ensure compliance with nationality and registry requirements, reducing the risk of delays or procedural issues during the review process.

Marriage vs Non-Marital Partnership for Portuguese Citizenship

When advising clients, I always clarify that Portuguese nationality law treats marriage and non-marital partnership as distinct legal situations, even though both may lead to citizenship. A civil marriage is generally easier to evidence, as it is formally recorded and requires fewer supporting documents once registered in Portugal.

Non-marital partnerships, while legally recognized, usually require additional proof of stability and duration. This may include evidence of shared residence, financial ties, or long-term cohabitation. In practice, partnership cases often receive closer scrutiny, which is why careful preparation is particularly important before submitting an application.

Effective Connection to Portugal

Clients frequently ask whether they must demonstrate an “effective connection” to Portugal. Under the current legal framework, when the statutory duration of marriage or partnership is met, applicants are generally not required to provide separate proof of integration, such as language skills or cultural ties.

However, each application is assessed individually. In cases involving incomplete records, recent registration of the relationship, or other factual complexities, the authorities may examine the circumstances more closely. My role is to anticipate these issues and ensure that the application clearly reflects the genuine and stable nature of the relationship.

What Happens if the Marriage Ends?

The timing of a divorce or the death of a Portuguese spouse can have legal consequences for a citizenship application. If the relationship ends before the required eligibility period, the application cannot proceed. If the relationship ends after eligibility has been reached or after submission, the legal impact depends on the specific circumstances.

Because these situations are highly case-specific, I always assess the timeline carefully before advising on next steps. Early legal guidance is essential to avoid unnecessary refusals or complications.

Same-Sex Marriage and Portuguese Citizenship

Portuguese law does not distinguish between opposite-sex and same-sex marriages or partnerships for nationality purposes. Same-sex spouses and partners are assessed under the same legal criteria, provided the relationship is legally valid and properly registered in Portugal.

In my practice, I ensure that documentation from foreign jurisdictions is correctly recognized so that the application proceeds under the same legal standards as any other marriage-based nationality request.

Common Mistakes That Delay Citizenship by Marriage Applications

Over the years, I have seen otherwise eligible applications delayed due to avoidable errors. These often include registering the marriage too late, submitting inconsistent civil records, or applying before the legal duration requirements are met.

Another frequent issue is incomplete criminal record documentation or incorrect legalization of foreign documents. Addressing these matters early helps prevent interruptions once the application is under review by the authorities.

Application Process for Portuguese Citizenship by Marriage

When I guide clients through Portuguese citizenship by marriage, I explain that the process follows a strict legal sequence. Citizenship cannot be requested until the relationship is formally recognized within the Portuguese legal system. Understanding and respecting this order is essential to avoid delays or refusals.

The process is divided into two distinct legal steps, each handled by the competent Portuguese authorities.

Step 1 – Registering the Marriage in Portugal

The first step is the registration of the marriage or legally recognized partnership with the Portuguese civil registry. If the marriage took place outside Portugal, it must be formally recorded so that Portuguese authorities can legally recognize the relationship.

Once registration is completed, a Portuguese marriage certificate is issued. This document confirms that the marriage exists within the Portuguese legal system and is a mandatory prerequisite for any citizenship application.

Importantly, the duration of the marriage is counted from the original date of the foreign marriage, not from the date of registration, provided the registration is carried out correctly. In my experience, careful preparation at this stage is critical, as errors or inconsistencies in civil records can significantly delay the process.

Step 2 – Submitting the Citizenship Application

Only after the marriage or partnership has been successfully registered can the citizenship application be submitted. At this stage, the application is reviewed by the competent nationality authorities in accordance with Portuguese nationality law.

The authorities assess whether all legal requirements are met, including the duration and validity of the relationship, compliance with criminal record rules, and the accuracy of the supporting documentation. In some cases, additional documents or clarifications may be requested before a decision is made.

My role during this phase is to ensure that the application is complete, legally consistent, and responsive to any official requests until a final decision is issued.

Common Mistakes That Delay Citizenship by Marriage Applications

Over the years, I have seen otherwise eligible applications delayed due to avoidable errors. These often include registering the marriage too late, submitting inconsistent civil records, or applying before the legal duration requirements are met.

Another frequent issue is incomplete criminal record documentation or incorrect legalization of foreign documents. Addressing these matters early helps prevent interruptions once the application is under review by the authorities.

How I Assist with Portuguese Citizenship by Marriage Applications

My involvement begins with a detailed legal assessment of your eligibility and the applicable nationality route. I then ensure that the marriage or partnership is correctly registered in Portugal and that all civil records are consistent and legally valid.

I prepare and submit the nationality application in accordance with Portuguese law, monitor its progress, and respond to any requests issued by the authorities. This structured approach helps ensure procedural accuracy and reduces uncertainty throughout the process.

Frequently Asked Questions

Can I apply if my marriage took place outside Portugal?
Yes, provided the marriage is formally registered with the Portuguese civil registry before the citizenship application is submitted.

Is legal assistance mandatory?
Legal representation is not mandatory, but it can be helpful where documentation, registration, or eligibility issues arise.

Can I apply while living outside Portugal?
Yes. Residence in Portugal is not a requirement for citizenship by marriage.

Is a language test required?
Under the current law, language testing is generally not required when the statutory duration requirements are met.

Can my application be reviewed again after approval?
Portuguese authorities may review nationality decisions in exceptional circumstances, particularly if false information was provided.

Speak with a Portuguese Citizenship Lawyer

Portuguese citizenship by marriage involves legal, procedural, and documentary considerations that must be handled with care. A Portuguese citizenship lawyer can assess your eligibility, clarify the applicable legal route, and ensure that each stage of the process complies with nationality and registry requirements.

You may request a free initial consultation to discuss your circumstances and understand how the law applies to your specific situation. For formal legal assistance, you can consult a Portuguese Citizenship Lawyer for guidance throughout the process.

Legal Assessment Disclaimer

Each Portuguese citizenship by marriage application is examined individually by the competent authorities, and outcomes depend on compliance with nationality law, procedural requirements, and the accuracy of the supporting documentation.

Reviewed by‍

Clara Silva da Costa
Member of the Portuguese Bar Association (No. 45229L)