Citizenship by Marriage or Civil Partnership: When Can the Public Prosecutor Oppose It?
Florbela Lopes | Lawyer
Acquiring Portuguese citizenship through marriage or a civil partnership with a Portuguese national may appear to be a straightforward legal process. However, it is essential to understand that this is one of several pathways to Portuguese citizenship that is subject to potential opposition by the Public Prosecutor’s Office.
Under Portuguese law, a foreign national who has been married to, or in a legally recognised civil partnership with, a Portuguese citizen for at least three years may apply for citizenship. However, in addition to the requirement that the marriage be properly registered in Portugal or the civil partnership judicially recognised, other crucial conditions must be met before applying.
One of the most important requirements is demonstrating an effective connection to the Portuguese community - a connection that is not automatically presumed from the marriage or civil partnership alone. Applicants must show real ties to Portugal, such as residence in the country, proficiency in the Portuguese language, or other tangible signs of integration.
Portuguese nationality law does provide for exceptions. The requirement to prove a connection to the Portuguese community does not apply if the marriage or civil partnership has lasted six years or more, or if the couple has children who hold Portuguese nationality. Applicants outside these exceptions must be prepared to present clear and credible evidence of their connection to Portugal.
Even after an application is accepted and nationality is granted, the Public Prosecutor may still oppose the acquisition of Portuguese citizenship. Under the law, such opposition may be brought within one year of the registration of nationality, through the filing of a legal action.
Several grounds for opposition exist, the most common being the lack of an effective connection to the national community. Others include criminal convictions with a prison sentence of three years or more (under Portuguese law), involvement in threats to national security (such as terrorism), or service to a foreign state in certain public or military roles.
If the Civil Registry Office identifies circumstances that could justify opposition, the applicant may be notified. Additionally, if the Civil Registry Office or another public entity becomes aware of such facts, it must inform the Public Prosecutor and submit the relevant documentation to the competent court.
For this reason, acquiring nationality does not necessarily mean the process is definitively closed upon registration. Applicants may still face challenges, underscoring the importance of careful preparation and full compliance with all legal requirements.
Given these complexities, applicants should approach the process with diligence. Thorough documentation can significantly increase the chances of a successful application. We strongly recommend that individuals seeking Portuguese citizenship based on marriage or civil partnership prepare their applications meticulously and provide solid evidence of their connection to Portugal - particularly if they do not fall within one of the exceptions, such as having Portuguese-national children or a marriage/civil partnership lasting six or more years.
A well-prepared application can reduce the risk of opposition and improve the chances of a smooth and successful outcome.
