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Become a Portuguese citizen AND keep your British passport

Become a Portuguese Citizen AND keep your British passportMost Brits who contemplate taking on Portuguese citizenship don’t want to give up their British nationality so the good news is that Portugal permits dual nationality and you can keep your British passport. Other countries, e.g. Spain, do not permit a person to have dual nationality.

Several reasons for taking on Portuguese nationality:

• Lifelong access to state healthcare. Amongst retired UK expats across Europe, access to state healthcare is the most cited reason to move back to the UK.
• Should you become mentally or physically incapacitated you will not have the worry of reapplying for a UK passport or Portuguese permanent residency, both of which only last for 10 years.
• Certainty regarding your status in an EU country after Brexit.
• The ability to move around Europe unhindered after Brexit and enjoy all the benefits of being an EU citizen.
• Being able to vote in national elections.

At the time of writing, (Feb, 2017) there is no agreement in place regarding our future rights when the UK leaves the EU.

Any UK citizen aged 18 or over may apply for naturalisation as a citizen of Portugal once they have resided legally for six or more years in the country. Currently, as an EU citizen, this will require first having the 5 year EU temporary residency from your local Câmara and then applying for permanent residency from your local SEF (O Serviço de Estrangeiros e Fronteiras) office.

NOTE: EU citizens are not required to sit the language test for permanent residency but non-EU citizens are. This means that once the UK departs from the EU, Britons will become non-EU citizens and are likely to be treated as such so if you are considering taking out Portuguese permanent residency do it ASAP and before Brexit.

Citizenship is handled by the IRN (Instituto dos Registos e do Notariado) and advice can be sought from the local Conservatória. However, depending on where you live, you may find that you are the first person to ask and you may not get very far. I found this at my local Conservatória in Ourique, and whilst they were very friendly all they could do was to point me at the IRN website (see link below).

There are a variety of individual situations and therefore there are different forms from which to choose on the IRN website. All are in Portuguese only - visit: 

https://irn.justica.gov.pt/Impressos-e-Modelos

You will need to prove you have sufficient command of the language so see HERE for the detailed information on the language test.

HERE is copy of a test paper sent to me before I did my test. No answers I'm afraid but at least anyone can see the standard required.

You must provide a certificate of your criminal record both from the UK and in Portugal. For the UK record you can apply online via: 

https://www.acro.police.uk/police_certificates.aspx

Choose the ‘Police Certificates’ tab. Cost £45. It should take around 2 weeks and is sent by first class post.

For Portugal you need to go to your local Tribunal with either your passport or residencia. The cost is 5 euros and it takes around a week.

NOTE: Police record checks are only valid if issued within the 6-months prior to your application. The Portuguese check is only valid for 3-months. Therefore the advice is not to apply for either before you have had the results of your language test, just in case you fail.

Naturalisation by marriage
If you are married to a Portuguese citizen you may obtain Portuguese citizenship after three years as long as you make your declaration while you remain married. If you divorce or the marriage is annulled at a later date your Portuguese citizenship will not be rescinded.

My solicitor explained to me that the three year rule is to ensure that the relationship is stable and is to prevent marriages of convenience to gain citizenship. In the case of two Brits married for longer than three years, only one partner needs to apply and do the language test as the other can apply without the language test as soon as the former has acquired citizenship. There is a different form for this partner. At the time of writing the form is Modelo 3.

Unmarried partners
If you are in a relationship with a Portuguese citizen but not married, you may still obtain citizenship on the basis that you are in a de facto union as long as the union has been officially recognised by a civil court.

There is no required residence period for obtaining citizenship in this way, but you may be required to take Portuguese language test and show integration into Portuguese society.

All documents in English need to be translated into Portuguese and certified.

A payment of €250 must be made by cheque in euros and must be verified by your Portuguese bank (cheque visado). Ask for this at the counter of your local branch.

Once you have all the paperwork assembled and checked (I used a Portuguese solicitor), you should deliver it or post by registered mail to:

Conservatória dos Registos Centrais
Rua Rodrigo da Fonseca, 200
1099-003 Lisboa

Or:

Visit the following Conservatórias do Registo Civil:

Almada, Amadora, Aveiro, Barreiro, Braga, Coimbra, Évora, Faro, Guimarães, Lisboa, Mangualde, Ovar, Pombal, Ponta Delgada, Portalegre, Arquivo Central do Porto, Santarém, Silves, Tondela, Torres Vedras.

The process takes around 3-6 months.

Good luck!

 __________

See also: 'Are you legal in Portugal? Rules on residency for citizens of the EU, EEA and Switzerland'

 

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Comments  

0 #52 SueF 2018-04-13 14:46
Quoting Vivek Ahuja:
I am inquiring for an Indian citizen who is deaf and wants to apply for Portugese citizenship via the Golden Visa route. Being deaf, they cannot do the oral section of the language test. Is there any waiver for deaf applicants? Thanks


I don't know the answer and cannot find one on the CAPLE website so I suggest you contact direct and ask the question.

Good luck!
0 #51 Vivek Ahuja 2018-04-11 17:17
I am inquiring for an Indian citizen who is deaf and wants to apply for Portugese citizenship via the Golden Visa route. Being deaf, they cannot do the oral section of the language test. Is there any waiver for deaf applicants? Thanks
0 #50 SueF 2018-02-25 08:16
Quoting Tamina:
Ok thank you for reply. But I want know that can I apply Portuguese citizenship from another EU country through long term unmarried partner relationship??? I don't want to go Portugal and I am non eea national.

Thanks for your comment. The easiest and cheapest way to answer your
question is to email the IRN directly in Portuguese, or phone on the number
in my first response. Last year there was another couple in a similar
situation to you, except that they were married, and they were able to apply
direct from South Africa. I hope this helps.
0 #49 Tamina 2018-02-24 13:26
Ok thank you for reply. But I want know that can I apply Portuguese citizenship from another EU country through long term unmarried partner relationship??? I don't want to go Portugal and I am non eea national.
+1 #48 SueF 2018-02-24 13:03
Quoting Tamina:
Hello,
I am non eea national cohabiting with Portuguese citizen from last 4 years in another EU country. We are unmarried partner. We have 3 years Portuguese baby together. I have all living proof for 4 years. *** I heard that there is one new amendment for Portuguese citizenship who is living another EU country with Portuguese citizen on June 2017 declared. My question is that as I am non eea national, can I apply Portuguese citizenship through long term unmarried partner relationship and through our child who is Portuguese citizen too??? Please give me honest answer

Thanks for your question. I must first point out that I am not a lawyer and
so cannot advise you formally but you may find these links useful:


http://www.irn.mj.pt/> http://www.irn.mj.pt


http://www.irn.mj.pt/sections/irn/a_registral/registos-centrais/docs-da-nac
ionalidade/aquisicao/n/aquisicao-da/

and

http://www.irn.mj.pt/sections/irn/a_registral/servicos-externos-docs/impres
sos/nacionalidade/impressos-nacionalidade/



I am fairly sure that you will require form Modelo 3


I would also suggest your Portuguese speaking partner should phone the IRN
on (00351) 211 950 500 or email

to

ask what proof they require of your partnership and what legalised documents
they require.

Good luck
0 #47 Tamina 2018-02-23 23:47
Hello,
I am non eea national cohabiting with Portuguese citizen from last 4 years in another EU country. We are unmarried partner. We have 3 years Portuguese baby together. I have all living proof for 4 years. *** I heard that there is one new amendment for Portuguese citizenship who is living another EU country with Portuguese citizen on June 2017 declared. My question is that as I am non eea national, can I apply Portuguese citizenship through long term unmarried partner relationship and through our child who is Portuguese citizen too??? Please give me honest answer
0 #46 Anon 2018-01-29 10:24
"We have lived here for 3 years and have a 5 year certificate. Can we apply before the end of the 5 years for a permanent residents card?"

Answer from Sue Fletcher
I’m pretty sure that the answer is ‘no’ because all applicants, EU or non-EU, have to prove 5 years of temporary residency first. Even if you can prove you have lived here more than 90 days prior to taking out the temporary residency, you may then be landed with a fine for up to €1,500 for not applying after your first 90 days in the country. Portugal adopted the EU Directive 2004, which lays down the process (the UK did not adopt it)and therefore 5 years temporary residency is required before you can apply for permanent residency. As I understand it from the Brexit talks, anyone already in the residency process will be able to continue it even after Brexit day.
+3 #45 SueF 2017-10-13 15:11
Hi Neil

I translated both of those documents myself as they are both straightforward. I then had my solicitor here have them checked and he certified them. So far so good. My application is still wending its way through the process but I now have a process number, which counts as definite progress.

On the subject of your wife being Portuguese, that is sufficient in itself, and provided you have been married for 3 years or more, you can apply without the need for the language test.



Can you explain how I get a certified translation of my Birth Certificate and ACRO Police document? Is this via the UK legalize documents site or can I get it done in Portugal?

My wife is Portuguese and that form doesn't ask anything about proving you can speak Portuguese, just a vague questions about being "connected to the Portuguese community".

Thanks for the helpful info.
+1 #44 SueF 2017-10-13 15:07
Hi Mike
Thanks for your comment. I chose the more expensive option as it is acceptable for visa applications and also because any other option seemed to suggest a wait of almost 3 months. I translated the document myself as it was very simple (depends if you have any records on your record) and my solicitor checked through it and certified it.



#42 MikeJ12 2017-10-02 16:38
As an alternative to the Police Record check I guess a DBS Simple Disclosure Check can also be used by UK citizens? This document also states whether the subject has any convictions.
You are right about the lack of knowledge by the Registos in Portugal! I enquired about acquiring Portuguese nationality through marriage at the Registo in Torres Vedras and I might just as well have asked them the time of the next flight to Mars!! I will do what you did and use the services of a solicitor.
+3 #43 Neil Munro 2017-10-12 20:40
Hi,

Can you explain how I get a certified translation of my Birth Certificate and ACRO Police document? Is this via the UK legalize documents site or can I get it done in Portugal?

My wife is Portuguese and that form doesn't ask anything about proving you can speak Portuguese, just a vague questions about being "connected to the Portuguese community".

Thanks for the helpful info.

Neil.

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