Proof of 5 years' residence without a title in Portugal

To prove 5 years of residence in Portugal without a Residence Permit (AR) or Expression of Interest (MI), there are a few options:

• Get a certificate from the parish council. This certificate serves as proof of residence.
• Proof of compliance with social security or tax obligations. This can include income tax returns, proof of payment of social security contributions or other related documents.
• Proof of school attendance, if you have children of school age or if you are studying yourself. These can be statements from the school or other documents related to education.

Had a child with a Portuguese person but is not married

In these cases, the law does not provide for the automatic granting of citizenship. If you are not married to a Portuguese citizen or have a stable union, the alternative to obtaining Portuguese citizenship would be to live in Portugal. 

If you have an original Portuguese child, you are legally allowed to live in the country. You will be allowed to live, study, work and enjoy all social services as a Portuguese citizen. After 5 years living in the country, you can apply for citizenship by length of residence, if you meet the other requirements. And it doesn't even have to be a legal residence. In other words, even if you don't have a residence permit or have made an expression of interest, you can still apply for citizenship by naturalization:

Article 6(8) - The Government may grant nationality, by naturalization, with exemption from the requirement set out in paragraph 1(b), to individuals who are descendants of original Portuguese citizens, who have resided here, regardless of title, for at least five years immediately prior to the application and provided that the ancestry was established at the time of the Portuguese citizen's birth.

Son obtained Portuguese citizenship through marriage

Likewise, the law does not provide for the automatic granting of citizenship to the parents of foreigners who became Portuguese citizens through marriage (derivative citizenship). In this case, there may be easier access to a residence permit if the child in question decides to live in Portugal and include the ascendant as a dependent. There are other requirements that must be met, according to the Law that regulates the rights of European Union citizens and their family members (Law 37/2006 of August 9), for the parents of citizens who have obtained derivative Portuguese citizenship. If the parents are under 65, they need to prove (for example, through bank transfers to the country of origin, a declaration from the state of origin that they do not receive any pension or financial support) that they are financially dependent on their child. This requirement is waived when the ascendant is over 65.

Having a Portuguese child makes it easier to live in Portugal

Having a Portuguese child can simplify the process of residing in Portugal. If you don't fit into the cases that allow direct access to Portuguese citizenship, it is still possible to seek residence in Portugal as an intermediate step towards naturalization, as there is the possibility of obtaining a residence permit, without a visa, for those who have minor children with Portuguese nationality over whom they effectively exercise parental responsibilities and for whom they ensure support and education (article 122, k, of the Aliens Law - Law 23/2007, of July 4). 

Don't you fit any of these examples?

Send your questions to our team of experts. Fill in our form and provide details about how your child acquired Portuguese citizenship and your plans to obtain your own. Our team will help you find the best way forward.