How to Acquire Portuguese Nationality: The Main Legal Routes

Sara Sbai Oliveira | Immigration Consultant

Portuguese Nationality Law No. 37/81, of 3 October, sets out several legal pathways to Portuguese citizenship: attribution and acquisition. This article focuses exclusively on acquisition, meaning situations in which a person becomes Portuguese after birth, following an administrative request and fulfilling legal requirements. Attribution routes, which apply to individuals who are Portuguese from birth, are not addressed here.

Below is a structured overview of the main acquisition pathways currently available under Portuguese law, following the most recent legislative reforms.

• Minors or incapacitated individuals may acquire Portuguese nationality if one of their parents becomes Portuguese.
• Both parents must declare their will to register the minor as Portuguese.
  

• Foreign nationals married to a Portuguese citizen for more than three years.
• Foreign nationals in a civil partnership (união de facto) of more than three years, formally recognised by a Portuguese civil court.
  

• Individuals who lost their nationality due to a declaration made while incapacitated.
• Must prove that the incapacity was temporary.
  

• Individuals adopted by a Portuguese citizen may acquire nationality.

There are several legally defined situations under this article:

• Foreign nationals of legal age who have resided legally in Portugal for at least five years
• Minors aged 16 or older, born in Portugal to foreign parents, if:

1. One parent has resided in Portugal (regardless of legal title) for the five years before the request.
2. One parent holds a valid residence permit.
3. The minor has completed pre-school, basic, secondary or vocational education in Portugal.

• Children under 18 under the care of a Portuguese public institution under protection measures.
• Former Portuguese citizens who lost their nationality and never acquired another nationality.
• Individuals born in Portugal to foreign parents who were residing in Portugal at the time of birth (regardless of status), and who have lived in Portugal for at least five years.
• Individuals who have rendered or are called to render relevant services to the Portuguese State.
• Members of Portuguese-origin communities from Timor, the former African colonies or Goa.
• Descendants of original Portuguese citizens.
• Descendants of Portuguese Sephardic Jews, provided they:

1. Prove a tradition of belonging to a Sephardic community.
2. Have resided in Portugal for at least three years.

• Ascendants of Portuguese citizens, if:

1. They have lived in Portugal for at least five years (regardless of title).
2. The parental relationship existed at the time of the Portuguese citizen’s birth.

• Individuals who lost nationality for having resided in Portugal for less than five years on 25 April 1974, provided they did not serve a foreign State and remained in Portugal.
• Women who lost Portuguese nationality due to marriage to a foreign citizen.
• Individuals who lost their nationality by voluntarily acquiring another nationality.

As described, there are multiple legal routes to acquire Portuguese nationality - whether through residence, family relationships, historical or cultural ties, or service to the Portuguese State. Each route has its own legal and procedural requirements.

Given the complexity of the process and the strict conditions imposed by the competent authorities (namely the Instituto dos Registos e Notariado – IRN), we strongly recommend that applicants seek legal assistance.

Our team offers specialised support throughout the entire application process, including eligibility assessment, collection of required documents, retrieval of birth and marriage certificates, preparation and submission of the request, communication with the authorities and assistance with the payment of governmental fees.

If you believe you meet the legal requirements to acquire Portuguese nationality and would like to be represented by a team with solid experience in this area, please do not hesitate to contact us.