Citizenship through marriage or de-facto union with a Portuguese citizen

The rule (art. 3.º)

1. A foreigner married for more than three years to a Portuguese national may acquire Portuguese nationality by a declaration made during the marriage.
2. A later annulment does not affect the nationality of a spouse who married in good faith.
3. A foreigner who, at the date of the declaration, has lived in a de-facto union for more than three years with a Portuguese national may acquire the nationality after a court decision recognising the union.
4. In both cases, acquisition depends on none of the situations of art. 6.º n.º 1 f) to h) existing — no effective prison sentence over three years for the listed crimes, no threat to security, no UN or EU restrictive measure.

This is an acquisition by declaration, not a naturalisation: no residence period in Portugal, no language test in the law itself, no ministerial decision. The declaration is registered by the IRN unless the Public Prosecutor opposes.

• 3 years of marriage or recognised union at the date of the declaration
• No residence requirement — the declaration can be made at a consulate abroad
• 2 years during which the Public Prosecutor may oppose after registration (art. 10.º)
• No opposition after 6 years of marriage/union or with Portuguese children (art. 9.º n.º 2)

Opposition: what “effective ties” now means

The State may oppose an acquisition by declaration on two grounds (art. 9.º n.º 1): the absence of effective ties to the national community, assessed against the substantive parameters of art. 6.º n.º 1 c) to i) — language and culture, rights and duties, adherence to democratic principles, clean record, security, subsistence — including a conviction for insulting national symbols; and the exercise of non-technical public functions or non-compulsory military service for a foreign State.

The 2026 text also created two safe harbours (n.º 2): there is no opposition when the marriage or union has lasted more than six years, or when the couple has common children of Portuguese nationality — except on the security grounds of f) to h). For couples below six years without children, the ties are examined: knowledge of Portuguese, time spent in Portugal or in the Portuguese community abroad, family and social links. The Public Prosecutor brings the opposition within two years of the registration (art. 10.º).

The union of fact: court first

Unmarried partners must first obtain a judicial recognition of the union of more than three years, from the competent court (in Portugal, the family court; the action is brought against the Portuguese State). Evidence: joint address, leases, bank accounts, tax returns, children, witnesses. Only then is the nationality declaration made. Count six to twelve months for the court stage.

Documents

• the Portuguese spouse’s birth certificate (Portuguese civil register) and identity;
• the marriage certificate — a foreign marriage must first be transcribed into the Portuguese civil register (consulate or Conservatória), which is itself a service we handle;
• the applicant’s birth certificate, apostilled;
• criminal record certificates from the countries of birth, nationality and residence after 16;
• identity document; proof of ties where the six-year or children safe harbour does not apply (Portuguese course certificate, proof of stays, family documents);
• for unions: the court decision recognising it.

Documents in English, French or Spanish are accepted without translation at the IRN; others need a certified translation.

Where and how

The declaration is made at the Conservatória dos Registos Centrais, a registry office with nationality competence, a Portuguese consulate (in person — art. 17.º requires physical presence except in proven impossibility), or online through a lawyer. Biometrics are collected. The IRN registers the acquisition; effects run from the date of registration (art. 12.º). The Cartão de Cidadão follows.

Questions