Portuguese Nationality: How to Get in 2022? Costs and Deadlines

Portuguese Nationality: How to Get in 2022? Costs and Deadlines

Portuguese Nationality: How to Get in 2022? Costs and Deadlines
Portuguese Nationality: How to Get in 2022? Costs and Deadlines

Taking Portuguese Nationality is the desire of many Brazilians, so we created this content that brings complete information for the acquisition in 2022.

Understand who is entitled to dual nationality, what is attribution or derived nationality, the deadlines and steps to complete the entire process, the total cost and the list of required documents. Checkout this article Portuguese Citizenship for Grandchildren: Step by Step to Take in 2022.

What is Portuguese Nationality?

To learn how to obtain Portuguese nationality, it is first necessary to understand what "nationality" is.

In the definition provided by law, nationality is the legal bond of internal public law between a person and a State.

Portuguese nationality presupposes that the person has certain rights vis-à-vis the State of which he is a national, such as the right to reside and work in Portuguese territory, the right to vote and to be voted on, the right not to be expelled or extradited and the right to State protection, among others.

Each country edits its own rules for granting nationality to a foreigner, however, in this article we are going to talk specifically about the rules in Portugal for acquiring dual Portuguese and Brazilian nationality.

What is Portuguese Nationality by Assignment?

The Portuguese nationality by attribution, or original, is the one that guarantees that the Portuguese birth registration will retroact to the date of your birth.

Examples: Portuguese nationality as a son, grandson, great-grandson.

What is Portuguese Nationality by Acquisition?

Portuguese nationality by acquisition, or derivative, or naturalization, is the one that will only take effect from the moment the birth record is created.

Examples: Portuguese nationality by marriage, by stable union, by adoption.

Who is Entitled to Portuguese Nationality?

To better understand this question, it is first necessary to understand that there are some types of nationality according to the Portuguese Nationality Law.

This law provides for several ways to acquire Portuguese nationality for Brazilians, just analyze carefully which one you can fit in.

You have the right to Portuguese nationality:

Son of a Portuguese citizen;

Grandson of a Portuguese citizen;

Great-grandson of a Portuguese citizen;

Spouse of Portuguese citizen;

In a stable union (de facto union) with a Portuguese citizen;

Wife of a Portuguese citizen, whose marriage took place before October 3rd 1981;

Descendant of Portuguese Sephardic Jew;

Minor child born before the parents acquired Portuguese nationality;

Born in a former Portuguese colony, when the country was still under the control of Portugal;

Legal resident for at least five years in Portuguese territory;

Foreign child who has been adopted by a Portuguese citizen;

Child of foreigners, who was born in Portugal, and who is of legal age or emancipated, and who has lived in the country for 10 years;

Child of foreigners, minor, born in Portugal, in which the parents have been in Portugal regularly or irregularly for at least one year.

Portuguese Nationality for Child of Portuguese

The acquisition of Portuguese nationality for the child of a Portuguese citizen is carried out by attribution in an original way, that is, the applicant will be considered Portuguese from birth?

It is also important to point out that the right to Portuguese nationality is guaranteed to children of Portuguese parents who were also born outside Portugal.

In addition, it is not necessary that both parents (parents) have Portuguese citizenship, the father or mother suffices.

Another important factor is that Portuguese citizenship for children can be transmitted from generation to generation, with no limit to established generations.

Main Documents for Portuguese Nationality for a Minor Child of Portuguese

Application completed and signed by the parents in person, if they do not constitute a lawyer;

Birth certificate in full for the minor applicant, issued less than one year ago and apostilled;

Certified and apostilled copy of the child's photo identification document (RG) issued less than 10 years ago, and the original must be presented on the scheduled day;

Birth certificate by photocopying the birth registration book of the minor applicant, issued less than one year ago and duly apostilled;

Simple Birth certificate of the Brazilian parent, that is, the father or mother of the non-Portuguese minor. If both parents of the minor are Portuguese, disregard this item. Remember that the certificate must have been issued less than a year ago and must be properly apostilled;

Proof of residence in the name of one of the applicant's parents (telephone, water or electricity bill). In the case of presentation at the Consulate, which must include a sealed envelope for later return of documents. This address must be the same as the one on the envelope. Without this proof, the process will be returned;

Original and valid identity documents of both parents of the applicant, to be presented on the day of the appointment (Citizen Card of the person who is a Portuguese citizen, and RG of the other parent, if only a Brazilian citizen).

Portuguese Nationality for Grandchild of Portuguese

This type of nationality was the one that became the most end of legal changes 2020, that is, it became easier to obtain it first fulfill.

Portuguese nationality for grandchildren of Portuguese is granted to individuals born abroad with at least one ancestor of Portuguese nationality, what we call "2nd degree in the straight line (grandparents)" as long as they have not lost that nationality.

In case the interested party is a minor, it is mandatory that the signatures of the parents (or their legal representatives) on the application be recognized in a Notary's Office and duly apostilled through the Hague Apostille process.

The interesting thing about this type of nationality request is that it is not handled by the Consulate, but by the Conservatória dos Registos Centrais in Portugal.

Documents for Portuguese Nationality as a Grandson of Portuguese

Birth certificate of the applicant, in full, original and issued less than one year ago;

Applicant's birth certificate issued by photocopying the birth record book, issued less than one year ago;

Birth certificate of the parent (father or mother) of the Portuguese citizen, in full, issued less than one year ago;

But certificate of the parent (father or mother) of the Portuguese citizen, issued by photocopy of the birth record book, issued less than one year ago;

Brazilian Criminal Record Certificate (if over 16 years old);

Certified copy of identity card (RG). If it is not recent, also attach a certified copy of the passport (only pages with signature, photo and identification);

Criminal record certificates from all the countries in which they lived after being 16 years old, if applicable, accompanied by translation, if written in a foreign language (the interested party is exempt from presenting the Portuguese criminal record certificate, which is officially obtained by the services).

Portuguese Nationality for Great-Grandchild

With no generation limit, it is possible to acquire Portuguese nationality as a great-grandson of Portuguese as long as you do not skip two generations. For example, if your great-grandfather is Portuguese, first your father/mother must get it as grandchildren, or else your grandfather/grandmother as children.

You may be wondering, but if I ask for Portuguese nationality because I am a grandson, can I pass this right on?

The answer is yes! Grandchildren of Portuguese people receive nationality by attribution, so it is an original nationality, which takes effect from the date of birth of the applicant.

For this reason, after having Portuguese nationality and having updated their marital status, they will be able to pass this right on to their children, whether they are adults or minors, as if they had always been children of Portuguese parents.

Documents for Portuguese Nationality for Great-Grandson

  • Birth certificate of the applicant, in full content, original and issued less than one year ago and duly apostilled. Check that the name of the declarant of birth appears and that the declaration was made during the applicant's minority;
  • Applicant's birth certificate issued by photocopy of the birth registry book, issued less than a year ago and duly apostilled (attention: the copy must be legible and clear).
  • Birth certificate of the father or mother, child of the Portuguese citizen, in Integer Teor, issued less than one year ago and duly apostilled. Check that the name of the declarant of birth of appears, and that the declaration was made during the minority of his father or mother.
  • Certified and apostilled copy of the diploma of completion of elementary, high School or higher education, issued by a Brazilian educational establishment;
  • Brazilian criminal record certificate (if over 16 years old).
  • Certified and apostilled copy of the identity card (RG), if this document is not recent, also attach a certified and apostilled copy of the passport (only the pages with your signature, photo and identification);
  • Criminal record certificates from all countries in which you have lived after age 16, if applicable, accompanied by translation, if written in a foreign language.
  • The certificates of birth records of the grandfather or grandmother (whoever is Portuguese) are not necessary, as they can be officially by the services as long as the elements that allow them to be identified are indicated, namely the place of birth, the respective date and, if to your knowledge, to the Portuguese Civil Registry Office where they are filed and the respective number and year.

Portuguese Nationality for Sephardic Jews

The Portuguese government can also grant nationality by naturalization to those who are descendants of Sephardic Jews.

But you may wonder what it's like to be descended from Sephardic Jews?

Firstly, Sephardic Jew is the term used to refer to the descendants of Jews originating in Portugal and Spain, these Sephardic Jews had different traditions, languages, habits and rites from their Ashkenazi brothers who inhabited Central and Eastern Europe.

To achieve this, it is necessary to demonstrate the tradition of belonging to a Sephardic community of Portuguese origin, based on proven objective requirements of connection to Portugal, which can be done through surnames, family language, direct or collateral descent.

In addition to the documents required for other types of nationality, for descendants of Sephardic Jews, the applicant must attach to their nationality application a certificate issued by a Jewish community, based in Portugal, which will translate the connection between the applicant for nationality with the organized Sephardic communities.

But Where Can I Request the Documentation?

Well, for that there are only 02 (two) Jewish communities in Portugal, one in Lisbon, which is the Comunidade Israelita de Lisboa, and the other located in Porto, which is the Comunidade Israelita do Porto, these are currently the only entities capable of the required issuing certificate.

The request for a certificate from the Jewish Communities of Porto or Lisbon must be made upon presentation of the documents:
  • Copy of passport;
  • Birth certificate;
  • Proof of address;
  • Evidence of the applicant's family's connection to a Sephardic community.
This evidence of connection with a Sephardic community can be done through a family tree, through birth and marriage certificates, with the Surname, with family records and documents that demonstrate the customs and traditions, statements of the rabbi of your community, and some proficiency level in Ladino (the language used by Sephardic Jews) of the applicant for nationality or his/her family members.

Portuguese Nationality by Marriage or Stable Union (de facto union)

Dual nationality by marriage or stable Union, of de facto union as used in Portugal, is one of the possibilities for Brazilians to acquire Portuguese nationality through acquisition.

For this, the applicant must have a marital or stable relationship with a Portuguese national for at least 3 years.

In the case of a stable union, the legislation requires recognition by the Portuguese justice system.

With the amendment of the Nationality Law in 2020, from now on, there are two distinct rules to follow, both for marriage and for a stable union;

  • Over 3 years of proven relationship, the applicant is entitled to Portuguese nationality, but still needs to prove ties with the Portuguese community.
  • After 6 years of proven relationship with a Portuguese citizen, there is the right to dual nationality but proof of connection to the Portuguese community is no longer required.

In addition, to obtain Portuguese nationality through marriage or stable union, the applicant cannot;

  • Have been convicted of a crime that in Portugal is punishable by a prison sentence of 3 years or more;
  • Hold public office, other than just technical functions, in another country;
  • Have performed non-compulsory military service in another country;
  • Be involved in terrorism-related activities.

Documents for Portuguese Nationality by Marriage

Marriage certificate, in full copy issued by photocopy, can be waived if the registration office and the registration which registration number is, the year;

Declaration for the acquisition of Portuguese nationality (form that will be signed at the time of the protocol or with a signature recognized by authenticity, or even by your lawyer);

Birth certificate of the interested party issued by photocopy and apostilled;

Birth certificate of the Portuguese spouse;

Proof of nationality;

Apostilled Criminal Background Certificate;

Documents proving connection to the Portuguese Community (when necessary);

If you hold a public position with technical functions in another country, you must present the respective proof;

If you have performed non-compulsory military service, it will be important to provide proof of this as well.

Documents for Portuguese Nationality by Stable Union

Certificate of sentence from the court where it is recognized that they have lived for more than 3 years in conditions similar to those of people who are married;

Declaration, less than 3 months old, in which the Portuguese citizen confirms that he/she continues to live in a stable union.

How is the Acquisition of Portuguese Nationality by Length of Residence?

It is also possible to acquire a Portuguese nationality by length of residence (this residence must be legal in the country) and it is the most common way to acquire Portuguese nationality, when the Portuguese Government grants naturalization to foreigners who meet the following requirements:

Be of legal age under Portuguese law;

Legally residing in Portuguese territory for at least 05 (five) years;

Have not been convicted with a prison sentence equal to or greater than 03 (three) years for a crime under Portuguese law;

The applicant for Portuguese nationality by length of residence cannot be considered a danger or a threat to National Security or defense, such as having an involvement in activities related to the practice of terrorism.

The Portuguese Government will still be able to grant Portuguese nationality, with the exception of some requirements that we have discussed above two individuals who have had Portuguese nationality and who for some reason have lost it, have never acquired another nationality.

Important to know: the moment the 5 years required for Portuguese nationality starts to count is when the applicant receives his residence permit through the SEF.

Documents Required for Nationality by Length of Residence in Portugal

Apostilled Brazilian birth certificate, in full copy and issued by photocopy;

Criminal Record issued by foreign countries where you have lived since the age of 16, with certified translation into Portuguese, if applicable;

Copy of valid passport and residence permit;

A Request addressed to the Minister of Justice of Portugal.

Portuguese Nationality by Surname, is it Possible?

Many Brazilians have a surname of Portuguese origin, but it does not guarantee Portuguese nationality, nor is it taken into account when proving the effective connection to the Portuguese community.

Changes in the Portuguese Nationality Law in 2020: Who Benefited?

The main beneficiaries of the new Portuguese Nationality Law were the grandchildren, consequently the great-grandchildren of Portuguese people as well and those who apply for dual nationality through marriage or stable union.

Change in the Portuguese Nationality Law of a Grandchildren

As of the change in the law at the end of 2020, grandchildren of Portuguese people no longer need to prove their effective connection to the Portuguese community.

It is only necessary to prove the connection with the Portuguese National, he cannot have been sentenced to imprisonment equal to or greater than 3 years for a punishable crime on the Portuguese law. Also, it cannot present a danger or threat to the security or defense of Portugal, by involvement in activities related to the practice of terrorism.

Changes in Portuguese Nationality Law through Marriage or Stable Union

The law also benefits people who have been married to a Portuguese citizen or in a stable union for more than 6 years.

After 3 years of relationship, the applicant is already entitled to Portuguese nationality, but it is still necessary to prove ties with the Portuguese community. Now, from the age of 6, this requirement no longer exists.

How to Get Portuguese Nationality in 2022?

It is possible to enter the application for Portuguese nationality alone, however, we always recommend hiring a specialized advice as this can guarantee a much shorter time in the process, not to mention the economy with the feasibility of documents directly in Portugal.

In the same way, the beginning can still be done in Brazil with legal advice that has operations in Portugal.

To start the process, there are some steps that must be completed to obtain Portuguese Nationality:

Find out if you have Portuguese ancestry (if necessary);

Identify whether you are entitled to Portuguese nationality;

Defines all the documents that are required and that vary from case to case;

Search for the certificate in Portugal;

Send the documents to Portugal;

Wait for competent bodies;

Monitor the process through the system;

And finally, acquire Portuguese nationality.

How Much Does It Cost to Get Portuguese Nationality?

The value of the entire process to obtain Portuguese nationality largely depends on the amount of documents that will be needed to prove family ties.

In addition, there are still costs with notary offices and fees for legal advice. Thus, the values can vary from R$4000.00 to R$20000.00.

How Long Does it Take to Get Portuguese Nationality?

The time of the processes can vary depending on the moment and the existing demand, including because of the pandamic.

But it is not uncommon to see cases where the usual deadlines are carried out in less time.

However, there is an overall average for the main types of requests:

Children of legal age - from 8 to 12 months.

Minor children - from 3 to 5 months in the Portuguese nationality process.

Portuguese grandson - term of 25 to 30 months.

Nationality by marriage or Stable Union - 25 to 30 months.

Great-grandchildren - depending on whether the initial request was made as a child or grandchild, so the above deadlines must be taken into account.

Can my Application for Portuguese Nationality be Rejected?

The declaration for granting Portuguese nationality may, in certain situations, be rejected outright. In this case, the interested party will be notified of the reasons for the rejection, in order to comment within 20 (twenty) days.

If even after the presentation of new arguments, the request continues to be rejected outright, as the grounds that lead to its rejection remain, the declaration does not take effect, with no refund of any amount.

But take it easy, in each case the services will provide all the clarifications about the additional documentation that may be necessary.

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