Can you get Portuguese citizenship by marrying or living with a Portuguese citizen?

Checked on 2026-10-25

Yes. Portugal's Nationality Law lets a foreigner married to a Portuguese citizen for over three years acquire nationality by declaration during the marriage, and a de facto partner of over three years after a court recognises the union. The Public Prosecutor can oppose within two years, but not after six years together, except on criminal, security or sanctions grounds.

Key facts

What	The law says	Source
Married to a Portuguese citizen	Married for more than 3 years: you can acquire nationality by a declaration made while the marriage lasts	Lei 37/81, art. 3.1
De facto union (união de facto)	Living together for more than 3 years at the date of the declaration: you can acquire nationality after a court decision recognising the union	Lei 37/81, art. 3.3
Conditions	None of the situations in art. 6.1(f) to (h): serious conviction, threat to security or defence, UN or EU restrictive measures	Lei 37/81, art. 3.4
Annulled marriage	Nullity or annulment does not affect nationality acquired by a spouse who married in good faith	Lei 37/81, art. 3.2
Opposition	The Public Prosecutor can oppose within 2 years of the registration of the acquisition	Lei 37/81, arts. 9.1 and 10.1
More than 6 years together, or Portuguese children in common	No opposition, except on the grounds in art. 6.1(f) to (h)	Lei 37/81, art. 9.2
When it takes effect	From the date of registration	Lei 37/81, art. 12

Acquisition by declaration, not naturalisation

For a spouse or partner, the law uses a declaration (art. 3), not naturalisation (art. 6). Art. 3 does not set a minimum period of residence in Portugal. What the law requires is a marriage of more than three years, or a de facto union of more than three years that a court has recognised.

Marriage: the declaration must be made “na constância do casamento”, while the marriage still exists.
De facto union: the union must have lasted more than three years at the date of the declaration, and you acquire nationality after the competent court issues its decision recognising the union.

Grounds for opposition

After the acquisition is registered, the Public Prosecutor (Ministério Público) has two years to oppose it in court. The law’s grounds for opposition are:

the absence of effective ties to the national community, assessed against the conditions in art. 6.1(c) to (i) (language and culture, civic knowledge, the declaration of adherence to democratic principles, criminal record, security, sanctions, means of subsistence), including any conviction for insulting national symbols;
holding public office that is not mainly technical, or voluntary military service, for a foreign State.

The law says there is no opposition when the marriage or union has lasted more than six years, or the couple has children in common who are Portuguese nationals, except on the criminal, security and sanctions grounds in art. 6.1(f) to (h).

These rules are in the wording of Lei Orgânica 1/2026, in force since 19 May 2026; applications pending on that date follow the previous wording (Lei Orgânica 1/2026, art. 7.2).

Sources

Change history

2026-10-25: Page created

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