Portuguese Citizenship by Descent: Key Considerations and Requirements

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Portuguese Citizenship by Descent: Key Considerations and Requirements

by | Friday, 13 January 2023 | Immigration

portuguese citizenship by descent

One of the most straightforward ways to get Portuguese citizenship is by citizenship by descent. If you were born in a country other than Portugal but had a parent or grandmother who was Portuguese, you can be eligible for Portuguese citizenship by descent. Our team of professionals, with more than 25 years of experience, has always assisted those of Portuguese descent in obtaining their rightful Portuguese nationality.

Before applying for Portuguese citizenship

Portugal is a county which does not impose restrictions regarding the cumulation of Portuguese nationality with a third one. As such, you may be relieved that the Portuguese Government shall not ask you to give up your other citizenship to acquire Portuguese citizenship.

Portugal is a prevalent choice for travellers searching for a second passport, especially those from the US, UK, Canada, and India, due to the potential of dual citizenship and the speed at which you might become eligible.

However, it is essential to note that, unlike Portugal, not all countries allow dual citizenship. If you are a citizen of one of these counties, you may be forced to opt for either your current citizenship or the Portuguese one.

Suppose this is the case, and you wish to maintain your current citizenship. In that case, you are not obliged to acquire Portuguese nationality even after residing in the country for a period longer than five years and may therefore apply for permanent residency, which grants you the right to live and work in Portugal and travel in the EU.

Citizenship as a child of a Portuguese parent

One can apply for Portuguese citizenship by descent if one is:

  • was born abroad.
  • has a Portuguese mother or Portuguese father.
  • has declared that they want to acquire Portuguese nationality, using the declaration to acquire Portuguese nationality.

For the above, the following documentation will need to be provided to our immigration or citizenship lawyer so that they can proceed with filling out your citizenship application on your behalf:

  • Legalised and apostilled full birth certificate
  • The birth certificate of the Portuguese mother or Portuguese father – may be dispensed with if the registration is in a national registry and if that registry, the year and the registration number are identified.
  • A declaration for the acquisition of Portuguese nationality, which must be signed by your or your legal representative.

Citizenship as a grandchild of a Portuguese citizen

One can apply for Portuguese citizenship by descent if one is:

  • was born abroad
  • have a Portuguese grandmother or Portuguese grandfather who has not lost Portuguese nationality
  • has declared that they want to acquire Portuguese nationality, using the declaration for the acquisition of Portuguese nationality
  • has registered their birth in the Portuguese Civil Registry Office
  • has a connection to the Portuguese community recognised by the Government, as follows.
    • when one makes the application, they have already legally resided in Portugal for three years, they are registered with the Portuguese Tax and Customs Authority and the National Healthcare System (or Madeira or Azores Regionals Healthcare Systems), and they have attended school in Portugal or can prove that they know the Portuguese language (minimum A2 level); or
    • when one makes the request, they have already been legally residing in Portugal for five years, and they are registered with the Portuguese Tax and Customs Authority and the National Healthcare System (or Madeira or Azores Regionals Healthcare Systems); or
    • the Government to analyse their situation and conclude that such a link exists because
      • one knows the Portuguese language
      • one has legal residence in Portugal
      • one regularly travels to Portugal
      • one has bought or rented a house in Portugal for more than three years
      • one lives or has a connection with a historical Portuguese community abroad
      • in the past five years, one has participated regularly in the activities of the Portuguese community in the country where they live, for example, by attending the activities of those communities’ Portuguese cultural and recreational associations.

For the above, the following documentation will need to be provided to our immigration or citizenship lawyer so that they can proceed with filling out your citizenship application on your behalf:

  • Legalised and apostilled full birth certificate
  • The birth certificate of the father or mother who is the child of the Portuguese grandmother or Portuguese grandfather legalised – may be dispensed with if the registration is in a national registry and if that registry, the year and the registration number are identified.
  • Criminal record – issued by the foreign countries where they have lived from the age of 16 and its certified translation into Portuguese.
  • A declaration for the acquisition of Portuguese nationality, which must be signed by your or your legal representative.

Filing for Citizenship application

As your legal representatives, our legal team can file citizenship applications with the Conservatória dos Registos Centrais.

As for the time to process one application, the Portuguese Government now takes up to two years to issue the citizenship documents. This is due to the high number of applicants and the Covid-19 backlog.

At MCS, we can assist you with acquiring citizenship from start to finish. This article is provided for general information purposes only and is not intended to be, nor should it be construed as, legal or professional advice of any kind. Should you have any questions, please do not hesitate to contact us.

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