Portuguese citizenship and spouses – August 2018 update

Portugal couple

An amendment to the law in Portugal, which entered into force July 2018, makes it easier for the spouse to obtain Portuguese citizenship.

According to this, In cases where a Portuguese citizen has a Portuguese child, the other parent can obtain Portuguese citizenship without proving an additional special connection to Portugal. The existence of a Portuguese child and spouse are sufficient. It is not obligatory that the common child is a minor. From our acquaintance with the families that apply for and obtain Portuguese citizenship, this amendment is quite meaningful. Now, the spouse can obtain Portuguese citizenship quite easily, once the spouse and child are Portuguese.

Here is an English translation of the relevant law. The amended article is in bold. At the bottom there is a link to the original in Portuguese.

CHAPTER IV

Opposition to the acquisition of nationality by will effect
Article 9
Fundamentals
1 – They constitute grounds of opposition to the acquisition of Portuguese nationality by the effect of will:
a) The lack of effective linkage to the national community;
b) Conviction, with finality of the sentence, with a prison sentence of 3 years or more;
c) The exercise of public functions without a predominantly technical character or the provision of non-compulsory military service to a foreign State;
d) The existence of a danger or threat to national security or defense, for their involvement in activities related to the practice of terrorism, in accordance with the respective law.
2 – Opposition to the acquisition of nationality based on paragraph a) of the previous paragraph does not apply to situations of acquisition of nationality in case of marriage or de facto union when there are common children of the couple with Portuguese nationality.
3. Proof of the non-existence of a conviction referred to in paragraph 1 (b), the provisions of Article 6 (10) shall apply.

https://dre.pt/home/-/dre/115643970/details/maximized

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