Portuguese citizenship by marriage, step by step

If you’ve been married to a Portuguese citizen for more than 3 years, you can become Portuguese by declaration. There’s no residence requirement and no language exam, you can apply from abroad, and the fee is EUR 250. After 6 years of marriage, or if you have a Portuguese child together, it’s close to a formality. Before that, you need to show a real connection to Portugal, and the 2026 reform changed how that’s judged.

This is separate from citizenship by descent. If you have Portuguese ancestry yourself, start with the Portuguese citizenship by descent guide: a parent or grandparent may give you a stronger claim.

The rules at a glance

• Marriage: more than 3 years, and still married when you apply.
• De facto union: more than 3 years, recognised by a Portuguese court first.
• Residence in Portugal: not required.
• Language exam: none, though language counts when your connection to Portugal is weighed.
• Fee: EUR 250.
• Close to automatic: after more than 6 years of marriage, or with Portuguese children together.
• Dual citizenship: allowed.

Who qualifies

Article 3 of the Nationality Law (Law 37/81) lets a foreigner who has been married to a Portuguese citizen for more than three years acquire Portuguese nationality by declaration, made while the marriage lasts. If the marriage is later annulled, a spouse who married in good faith keeps the nationality.

A de facto union (união de facto) also qualifies after more than three years, but since the 2026 reform you can apply only once a Portuguese court has issued a ruling recognising the union. For a couple living outside Portugal who never registered a marriage, that court case is a real extra step: talk to a Portuguese lawyer before relying on it.

The marriage must be in the Portuguese register. If you married outside Portugal, your spouse first has to have the marriage transcribed into the Portuguese civil register. The Portuguese consulate in Newark, for example, asks for proof of that, and for your spouse’s Portuguese birth certificate with the marriage noted on it.

The “effective connection” test

Portugal doesn’t grant nationality by marriage automatically. After you’re registered, the Public Prosecutor can go to court to oppose it, and the main ground is a lack of real ties to the Portuguese community (ligação efetiva). Since the 2026 reform the Prosecutor has two years from registration to do so, up from one.

When the test doesn’t apply. Article 9(2) says there’s no opposition on these grounds when the marriage or union has lasted more than six years, or when the couple has children together who are Portuguese. Only the serious crime, security and sanctions grounds below can still be raised.

When it does. If you’ve been married more than 3 but no more than 6 years, with no Portuguese children, your connection is weighed against the same factors used for naturalisation. These include knowledge of the Portuguese language and culture, history and national symbols, knowledge of citizens’ rights and duties, a solemn declaration of adherence to democratic principles, and the means to support yourself. Evidence the Justice Ministry suggests includes employment or Social Security records, children’s records, tax returns, payslips and utility bills.

A shortcut that may not last. The Justice Ministry’s page, last updated in July 2026, still lists the old regulation’s cases where the connection was recognised automatically: 6 years of marriage; 5 years plus Portuguese language knowledge; 5 years for nationals of a Portuguese-speaking country; Portuguese children; or legal residence in Portugal. The 2026 law itself keeps only the 6-year and children cases. A new regulation was approved by the government in October 2026 but hadn’t been published when we checked, so the 5-year shortcuts may disappear.

Grounds that block the route

You can’t acquire nationality this way, however long you’ve been married, if you:

• were sentenced to more than 3 years’ actual imprisonment for terrorism, violent or organised crime, crimes against state security, or helping illegal immigration;
• are a danger to Portugal’s security or defence; or
• are subject to UN or EU sanctions.

The Prosecutor can also oppose if you held public office that wasn’t mainly technical, or did voluntary military service, for a foreign state. That covers voluntary service in another country’s armed forces, such as the US military, so mention it to your adviser before you file; our Portuguese dual citizenship guide explains this rule.

Documents

The Justice Ministry and, for example, the Portuguese consulate in Newark list:

• the signed declaration form from the IRN, Portugal’s registry institute;
• your birth certificate, apostilled, with a certified Portuguese translation;
• proof of your nationality, such as a certified copy of your passport;
• criminal record certificates from your countries of birth and nationality and every country you’ve lived in since age 16. For the US, that means an FBI background check with an apostille;
• the marriage certificate, which you can skip if you give the Portuguese registry office, year and entry number;
• your spouse’s Portuguese birth certificate with the marriage noted on it;
• for a de facto union, the court ruling and a declaration from your partner, dated within the last 3 months, that you still live together;
• proof of your ties to Portugal, if you’ve been married 6 years or less with no Portuguese children; and
• proof of any foreign public office or voluntary military service, if that applies to you.

The Newark consulate notes that the signature on the form must be notarised, at the consulate or by a notary with an apostille. Other consulates publish their own lists, so check the Portuguese consulate for where you live. See our apostille guide and certified translation guide.

How to apply from abroad

1. Make sure the marriage is registered in Portugal. If not, your spouse arranges the transcription first.
2. Gather the documents, ordering police certificates (for the US, the FBI check) close to the filing date.
3. Choose how to file: by post to the Conservatória dos Registos Centrais, Rua Rodrigo da Fonseca 198, 1099-003 Lisbon; in person at a Portuguese consulate; or online through a Portuguese lawyer or solicitor.
4. Pay EUR 250, by card when you apply in person, or by card or cheque when you apply by post.
5. Wait for registration. Neither the Justice Ministry nor the Newark consulate publishes a processing time. Once you’re registered as Portuguese, you can apply for a Portuguese citizen card and passport.

Can you keep your current citizenship?

Portugal allows dual citizenship and doesn’t ask you to give anything up. Under Portuguese law, though, only your Portuguese nationality counts while you’re in Portugal.

Whether you keep your other citizenship also depends on your other country’s law. Some countries end citizenship when you voluntarily take another, so check yours. The US, for example, doesn’t take it away, because US law requires a voluntary act done with the intention of giving it up. More in our Portuguese dual citizenship guide.

Frequently asked questions

Official sources

• Lei Orgânica 1/2026 and the republished Nationality Law, Diário da República, 18 May 2026 (PDF) (Articles 3, 6, 9 and 10, and the transition rule), Portuguese
• Justiça.gov.pt: married to or living in a de facto union with a Portuguese citizen for more than 3 years (fee, how to apply, documents), Portuguese
• Consulado-Geral de Portugal em Newark: nacionalidade por casamento (marriage registration, notarised signature), Portuguese

Checked against these sources on 11 November 2026. The new regulation under the 2026 law may change the evidence asked for; check the Justice Ministry’s page before you file.