Portuguese Citizenship by Marriage or De Facto Union

Marriage Does Not Mean Automatic Citizenship

Marriage to a Portuguese citizen does not automatically grant you Portuguese nationality. This is one of the most common misconceptions among immigrants in Portugal. To acquire Portuguese nationality through marriage, you must formally declare your intention to do so and satisfy the legal conditions set out in the Nationality Law.

The marriage must have lasted for more than three years at the time you make the declaration, and the marriage must still be in effect — it cannot have been dissolved by divorce or annulled. Simply being married to a Portuguese citizen, even for many years, does not make you Portuguese until you go through the formal process.

Acquiring Nationality Through Marriage

Under Article 3 of the current Nationality Law, a foreign national married to a Portuguese citizen for more than three years may acquire Portuguese nationality by declaration, provided the following conditions are met:

• The marriage has lasted more than 3 years at the time of the declaration
• The marriage is still in force (not dissolved or annulled)
• The applicant is not barred by criminal record or security restrictions
• The applicant can demonstrate connection to the Portuguese community (where applicable)

Acquiring Nationality Through De Facto Union

A foreign national who has lived in a recognised de facto union (união de facto) with a Portuguese citizen for more than three years may also acquire Portuguese nationality by declaration. However, the de facto union must first be recognised by the competent Portuguese court. This requires:

• A court judgment (sentença judicial) confirming that the couple has lived together in conditions analogous to marriage for more than three years
• A declaration from the Portuguese partner (issued within the last 3 months) confirming the union continues
• The applicant must satisfy the same connection-to-community and criminal-record requirements as the marriage route

Connection to the Portuguese Community

The authorities may assess whether the applicant has a genuine connection to the Portuguese community. According to current official guidance, this connection is presumed if the applicant meets certain conditions, including:

• 6 or more years of marriage or de facto union, or
• 5 or more years of union plus proof of Portuguese language knowledge, or
• 5 or more years of union plus birth or nationality in a Portuguese-speaking country, or
• Having children in common with Portuguese nationality, or
• 5 or more years of legal residence in Portugal, or
• 3 or more years of legal residence plus current study in Portugal or proof of Portuguese language knowledge

Criminal Record and Security Restrictions

You cannot acquire nationality through marriage or de facto union if you:

• Have been sentenced to an effective prison term of 3 or more years for a crime punishable under Portuguese law
• Hold non-technical public office in the service of a foreign State
• Have performed non-compulsory military service for a foreign State
• Are involved in terrorism-related activities

These restrictions apply equally to the marriage and de facto union routes. The IRN will check your criminal record in Portugal and may request records from other countries where you have lived.

Marriage Celebrated Outside Portugal

If your marriage to a Portuguese citizen was celebrated outside Portugal, it may need to be transcribed (registered) in the Portuguese civil registry before it can be relied upon for nationality purposes. This process involves:

• Submitting the foreign marriage certificate with apostille or consular legalisation
• Certified Portuguese translation if the certificate is not in Portuguese
• Registration at the Conservatória dos Registos Centrais or the competent Portuguese consulate

Documents You Will Need

Based on official Justiça.gov.pt guidance, the following documents are typically required for a nationality application through marriage or de facto union:

• Birth certificate — legalised with apostille or consular certification; certified Portuguese translation if not in Portuguese
• Birth certificate of the Portuguese spouse or partner
• Declaration form for acquisition of Portuguese nationality — signed before a registrar or notarised if submitted by post
• Criminal record certificates from your country of origin and any country where you have resided since age 16 — with certified Portuguese translation
• Evidence of connection to the Portuguese community
• For de facto union: court judgment recognising the union and the Portuguese partner's recent declaration (issued within the last 3 months)

For a detailed checklist covering all nationality routes, see our Required Documents Guide.

How to Apply

Applications for acquisition of nationality through marriage or de facto union can be submitted through the following channels:

• Online — through a legal representative (lawyer or solicitor) via the IRN online system
• In person — at nationality service counters at designated civil registry offices (conservatórias), CNAIM Porto, or Portuguese consulates abroad
• By post — to the Conservatória dos Registos Centrais, Rua Rodrigo da Fonseca 198, 1099-003 Lisboa

When submitting in person, you will sign the declaration form before a registrar. When submitting by post, the declaration must be notarised. When submitting online, a legal representative handles the process on your behalf.

Application Fee

The current application fee is €250, payable by card at the service location, or by card or cheque if submitting by post. Fees may change — check the current amount on the IRN or ePortugal website before submitting your application.

After Your Application

Once submitted, the IRN reviews your application. The process involves verification of your documents, criminal record checks, and assessment of community connection. If no grounds for opposition are found, the acquisition of nationality is registered.

Processing times vary and are not guaranteed by the IRN. The process can take several months or longer depending on the complexity of the case and the current workload of the registries.

If approved, you can then apply for a Portuguese citizen card (Cartão de Cidadão) and passport. You will need to update your records with the tax authority, social security, and your bank.

Common Questions

Does marriage automatically give me Portuguese citizenship?

No. Marriage to a Portuguese citizen is one of the conditions, but you must formally declare your intention to acquire nationality and meet all the legal requirements. There is no automatic citizenship through marriage.

How long must we be married?

The marriage must have lasted more than three years at the time of the declaration, and the marriage must still be in force. You cannot apply before the three-year mark has passed.

Can I apply if we married recently?

You must wait until the marriage has lasted more than three years. There is no shortcut for recent marriages. Use the waiting period to gather your documents, learn Portuguese, and establish your connection to the Portuguese community.

What if my spouse became Portuguese after we married?

Article 3 applies to marriages with Portuguese nationals. The specific conditions may depend on when your spouse acquired Portuguese nationality and the applicable version of the law. Consult the IRN or a qualified lawyer for your specific situation.

Can I keep my original nationality?

Portugal allows dual nationality. You do not need to give up your original citizenship when you acquire Portuguese nationality. However, check whether your home country permits dual nationality — some countries require you to renounce your original citizenship if you acquire another.

What about same-sex marriages?

Same-sex marriage has been legal in Portugal since 2010. The nationality rules apply equally regardless of the gender composition of the marriage. Same-sex couples follow exactly the same process and requirements as opposite-sex couples.