Portuguese Citizenship: Who is entitled and how to obtain it?

@JohnnyPT

Since my earlier question was about visas and not about citizenship, was it inappropriate to ask it here because the topic is different? My apologies.

Hi,

The new law which got passed on 5th Jan'24, relating to how the 5yrs would get counted - from "visa application date", instead of "resident permit receiving" date. Would that be applicable to all types of resident visas, including D7?

If anyone can help with this, would be very helpful. Thank you.

PS: I started another thread on this, before coming across this one. Can delete that one or post this link there, if appropriate.

True. With the new law (which has not yet come into force, despite having been approved in parliament) there is a change in the counting of legal residence periods for the acquisition of nationality through residence in Portugal. Legal residence is now considered to be not only the period of validity of residence permits, but also the time that has elapsed since the visa application date, provided that it is granted.

The approval of any visa results in a residence permit.

Thank you, this is helpful.

@JohnnyPT

Thank you for sharing this information, this is very professional and detailed content.

I would like to know as far as the B5 is concerned:

How do foreigners accumulate 5 years of legal residence in Portugal? Because even after obtaining a residence card (permit), it is possible to leave Portugal temporarily, for example for international travel or temporary return to the country of birth.

Is there such a requirement, and what is the maximum number of months that one can be away in a 5 year period?

@sandraawilliams153,

Here's some additional information for your question. This is a website from portuguese lawyers:

https://www.valadascoriel.com/how-is-th … ugal-done/

It is possible to add different periods of legal residence until the requirement of 5 years is met, as long as this occurs within a 15-year interval.

My thanks again to Johny PT the font of all knowledge. 

In my own case, I am still sorely tempted by the allure of a life in the Algarve; but daunted by the legal process.  So an extra thanks for the Portuguese lawyers' link!

@JohnnyPT

Thank you very much for your reply!

The lawyers on this site gave good advice about getting a certificate of time counting from the SEF, but either the former SEF or the current AIMA are so busy that it's hard to get a positive response.

I'm hearing different things now, such as：“ that you can't leave Portugal for more than eight months cumulatively over five years, that you can't leave for more than two months on a single occasion”, etc., and it seems that these statements are not supported by the letter of the law that I've found.

The law states you can't leave for more than 6 months at a time. The first temporary residency 2 year period allows for 8 months out of Portugal in total. After the 3 year renewal you get the same 8 months, no more than 6 at a time to be absent.

My response is in regards to temporary residency and not citizen card. I'm not aware of any limitations for citizens.

Hello, hoping you can assist.  I am in the process of applying for Portuguese Citizenship under the De Facto Union with a Portuguese Citizen for more than 3 years (actually been 32 years but never married).   The application requires to provide a "recognition from the court" of the union however in Canada, there is no legal/court process for this that I can see... only for marriages.  Not sure how we can have a court document confirming our union?  The officials in Portugal are referring us to the Consulate in Toronto (as they would not know the processes in different countries) but the Consulate in Toronto is referring us back to the officials in Portugal as they do not process applications for De Facto Unions.  Ugh!!

Hoping to connect with someone who has gone through this process (or a Canadian lawyer with experience with this specific situation).  Can anyone help?  Thanks 

@Danny9999,

In Portugal, to prove that you are in this situation, you need a declaration from the parish council to that effect. If both people have children in common, these can also be proof of the partnership.

There are also other ways of proving unmarried partnership, such as invoices with the same address or testimonies from neighbours who can prove that the two people have been living together for at least 3 years. In 32 years, I'm sure there's proofs of that ...

This can only be proved in Canada, which is where you live, not in Portugal. You should take proof and evidence (invoices, joint bank statements, etc ) to the Portuguese consulate in Toronto so that they can certify this union. You don't need a court, all you need is several evidences that you're living together. If you don't have proofs, I can tell you right now that it's going to be very difficult...

https://eportugal.gov.pt/cidadaos-europ … m-portugal

Thank you!  We have many ways to prove (joint property, accounts, tax returns, etc) so that won't be a problem.  It was just difficult to get "court recognition" which is on the checklist of items to be provided.

Thank you very much for your information!

04/21/24 @danny9999.  This form, which has legal effect in Canada for some purposes, probably won't be dispositive for you but may be helpful:

https://torontonotary.com/common-law-declaration/

Hi Johnny, did any ammendment occur on the

A5. Child (born in Portugal) of foreign citizens conditions? As per the link below, one of the parents must be portuguese now?

https://www2.gov.pt/en/guias/ter-uma-cr … passaporte

@JohnnyPT hey man, is the a5 still applicable as is? I've heard they ammended it recently and now one of the parents at least should be portuguese?

https://www2.gov.pt/en/guias/ter-uma-cr … passaporte

@Dany,

There were amendments to the nationality law in 2024. Point A5 was one of the points that was changed.

Nationality is granted, by naturalisation, to individuals who cumulatively meet the following requirements:

a) Have been born in Portuguese territory;

b) They are the children of a foreigner who was resident here at the time of their birth;

c) Have resided here for at least five years.

___________________________________

Law no. 1/2024 of 5th March

https://diariodarepublica.pt/dr/detalhe … -854130977

SECÇÃO III

Aquisição da nacionalidade por naturalização

Artigo 6.º

Requisitos

5 - O Governo concede a nacionalidade, por naturalização, com dispensa do requisito estabelecido na alínea b) do n.º 1, aos indivíduos que satisfaçam cumulativamente os seguintes requisitos:

a) Tenham nascido em território português;

b) Sejam filhos de estrangeiro que aqui tivesse residência, independentemente de título, ao tempo do seu nascimento;

c) Aqui residam, independentemente de título, há pelo menos cinco anos.

So in my case, we are foreigners, we've been residents for more than a year and we submitted our first IRS this year, and now we are expecting a baby. Does this mean that I can't grant the baby citizenship befire 5 years?

    So in my case, we are foreigners, we've been residents for more than a year and we submitted our first IRS this year, and now we are expecting a baby. Does this mean that I can't grant the baby citizenship befire 5 years?
   
    -@Dany Baydoun

That's right. Unfortunately, in recent years there has been an abuse, almost a maternity tourism. The new law has put an end to that...