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Obtaining Portuguese passports for children and spouses of Portuguese citizens

Michael Decker
Michael Decker

Are children and family members of Portuguese citizens eligible for a Portuguese passport? The Portuguese citizenship law has been modified recently, making it harder for new applicants to obtain Portuguese citizenship (who were previously eligible under the more lenient conditions). However, minor children, as well as spouses (whether married officially or by common-law), of Portuguese citizens can still obtain citizenship through a relatively simple bureaucratic procedure. This subject is explained below by attorney Michael Decker, a partner in our firm and an expert in helping Portuguese passports for children and spouses of Portuguese citizens.

Portuguese passports for children

New legislation in Portugal has made it very difficult for new applicants to obtain Portuguese citizenship and a Portuguese passport

As of September 2022, an amendment to the Portuguese law took effect, resulting in significant changes to the eligibility criteria for a Portuguese passport for descendants of Spanish expellees. The latest legislation has made the conditions for obtaining Portuguese citizenship much stricter for new applicants, since you are now required to prove an actual connection to the Jewish community in Portugal. Another alternative way for applicants to obtain citizenship, which is common in several countries in the European Union, is to own real estate or other property in Portugal, such as a commercial company. In other words, the threshold for obtaining Portuguese citizenship has been raised, and now many applicants who were eligible in the past under the more lenient conditions will find it very difficult to obtain Portuguese citizenship under the new conditions, at least in the foreseeable future. On the other hand, children and spouses of those who already have Portuguese citizenship can still obtain citizenship and a Portuguese passport under less strict conditions, as we explain below.

What are the eligibility conditions for a spouse to obtain a Portuguese passport?

According to the Portuguese Citizenship Law, spouses of Portuguese citizens (both officially married and common-law) may also be eligible for Portuguese citizenship and a passport, by virtue of their spouse being a Portuguese citizen. For couples who have been married for more than 3 years and have children, the law states that if one partner is a Portuguese citizen, the other can also apply for Portuguese citizenship. For couples who do not have children, by law they must be married for more than 6 years before the non-Portuguese citizen can apply for citizenship.

The marriage must be registered in the Portuguese Civil Registry. To register, you must apply and attach documents including a marriage certificate with a Portuguese translation, as well as the applicant’s birth certificate, also including a Portuguese translation. Both certificates must be authenticated with an apostille stamp. After that, to apply for citizenship, you must submit, among other things, the Portuguese certificate of marriage registration, a translated and apostille-authenticated birth certificate of the spouse, a police clearance certificate (indicating the absence of a criminal record) and a certificate regarding the couple’s children, translated and apostille-authenticated (if applicable). The registration and application processes can be performed by an attorney specializing in immigration to Portugal.

Common-law couples who have been living together for 3 years can apply to have their marital relationship recognized by a court in Portugal. To apply, you must present the Portuguese authorities with, among other things, a copy of the spouse’s passport and an official certificate issued by the couple’s country of origin, confirming that the couple is married by common-law. This procedure is often longer and more complicated but can also be completed in many cases within a few months to a year. After the Portuguese court confirms the marital relationship, you will be able to apply for Portuguese citizenship. Documents to be attached to the application include a translated and apostille-authenticated birth certificate of the applicant, a police clearance certificate (indicating the absence of a criminal record), a statement by the spouse who is a Portuguese citizen confirming that the couple is still living together at the time of application, and a certificate regarding the couple’s children, translated and authenticated by an apostille (if applicable). It is highly recommended to complete the process with the help of an attorney specializing in immigration to Portugal.

What must children of Portuguese citizens do to obtain a Portuguese passport?

If a child is born after their parent has already received Portuguese citizenship, the parent can usually register the child as a Portuguese citizen in a relatively simple and quick procedure. If the child was born before the parents received Portuguese citizenship, the situation varies depending on whether the child is a minor or an adult. Adult offrping (age 18 and above) may encounter difficulties in obtaining citizenship, since the newly amended law applies to them, requiring them to prove an actual connection to the Jewish community in Portugal or to the country of Portugal (through the possession of property). For children who are minors, it will still be necessary to prove their connection to Portugal as a condition for their eligibility for citizenship. In practice, however, usually only children above the age of 14 are required to prove such a connection. The connection can be proven in various ways, such as the minor’s ability to speak Portuguese, regular visits to Portugal, etc. In both cases, it will be necessary to apply for citizenship and attach various documents, similar to the application process for spouses explained above. It is recommended to examine the conditions for eligibility in each specific case, and to seek help from an attorney specializing in Portuguese immigration law.

Portuguese passport for children and spouses of Portuguese citizens – contact a lawyer specializing in Portuguese immigration law

In this article we have explained how children and spouses of Portuguese citizens can themselves be eligible for Portuguese citizenship and a Portuguese passport. As we illustrated above, the process is not particularly complex, certainly relative to the standard application process for Portuguese citizenship, in which the conditions have been made significantly stricter. If you have any other questions or would like to check if you or one of your family members are eligible for Portuguese citizenship, you can contact us, and we will be happy to help. Our attorneys have extensive and proven experience in handling applications for Portuguese citizenship and passports. We work in cooperation with a leading law firm in Portugal and maintain regular contact with the Portuguese authorities. To schedule a consultation with an attorney specializing in immigration to Portugal in our offices, in Jerusalem or Tel Aviv, you can contact us at the email address and telephone numbers below.

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