Portuguese Citizenship Through a De Facto Union: Is Marriage Required?

One of the most common questions among couples who live together is whether marriage is required to obtain Portuguese citizenship when one of the partners is already a Portuguese citizen.

The answer is no.

Portuguese law allows the partner of a Portuguese citizen to apply for Portuguese citizenship without being married, provided that the couple’s de facto union (união de facto) has been legally recognized by a court and the requirements established under the Portuguese Nationality Law are met.

Although many people believe that only marriage provides a pathway to citizenship, a de facto union may also serve as the legal basis for an application, provided that it has first been judicially recognized.

In this article, we explain how this procedure works, the applicable requirements, and when this option may be considered.

Is It Possible to Obtain Portuguese Citizenship Without Getting Married?

Yes.

Marriage is not a legal requirement for the partner of a Portuguese citizen to acquire Portuguese citizenship.

Article 3 of the Portuguese Nationality Law provides that a person who lives in a de facto union with a Portuguese citizen may also acquire Portuguese citizenship, provided that the union has been judicially recognized.

Therefore, a couple may choose not to marry and still have access to the citizenship process, provided that all applicable legal requirements are met.

What Is a De Facto Union?

A de facto union is a stable relationship between two people who live together under circumstances similar to those of a married couple, sharing a common life in a public, continuous, and lasting manner.

In Portugal, de facto unions are governed by Law No. 7/2001, which establishes their legal framework.

However, for Portuguese citizenship purposes, simply living together is not enough.

The relationship must be judicially recognized through the appropriate court proceedings.

Is Judicial Recognition of the De Facto Union Mandatory?

Yes.

This is one of the aspects that causes the most confusion.

For the purposes of a Portuguese citizenship application, presenting joint bills, a joint lease agreement, or photographs of the couple is not sufficient on its own.

Before applying for citizenship, it is necessary to obtain a court decision officially recognizing the existence of the de facto union.

Only after obtaining this decision can the de facto union be used as the legal basis for the Portuguese citizenship application.

How Does Judicial Recognition Work?

The purpose of the court proceedings is to demonstrate that the couple genuinely lives in a de facto union.

Different types of evidence may be submitted during the proceedings, including:

• proof of a shared residence;
• lease agreements;
• joint bank accounts;
• utility or service contracts;
• tax documents;
• photographs;
• messages;
• witness testimony;
• other documents demonstrating the couple’s cohabitation.

Each case is assessed individually by the court.

Can the Court Recognize the Union Retroactively?

Yes.

An important aspect of these proceedings is that judicial recognition of a de facto union may have effects in relation to a period preceding the filing of the court action.

In other words, the court may recognize that the de facto union has existed since an earlier date, provided that there is sufficient evidence demonstrating cohabitation during that period.

This retroactive recognition can be particularly important when determining whether the minimum period required under the Portuguese Nationality Law has been met.

How Long Must the Couple Have Been in a De Facto Union?

The required period depends on the specific circumstances.

General Rule

As a general rule, it is necessary to demonstrate six years of marriage or a legally recognized de facto union.

Couples With Portuguese Children

When the couple has a child in common who is a Portuguese citizen by origin, the law provides for a more favourable regime.

In this situation, three years of marriage or de facto union are sufficient, provided that the de facto union has been judicially recognized.

This reduction can represent a significant advantage for many couples.

Judicial Recognition and the Citizenship Application Are Separate Proceedings

This is another common source of confusion.

In practice, there are two completely separate procedures.

First, the de facto union must be judicially recognized.

Only after a favourable court decision has been obtained can the Portuguese citizenship application be submitted to the Institute of Registries and Notaries (IRN).

Therefore, the two applications cannot be submitted simultaneously.

Does Judicial Recognition Automatically Guarantee Portuguese Citizenship?

No.

A court decision recognizing the de facto union does not grant Portuguese citizenship.

It merely establishes one of the elements required for the citizenship application.

The citizenship application will still be assessed by the IRN, which will determine whether all requirements established under the Portuguese Nationality Law have been met and whether any legal grounds exist that could prevent the acquisition of Portuguese citizenship.

Is It Worth Getting Married Solely to Apply for Portuguese Citizenship?

In many cases, a de facto union can be a perfectly viable alternative and may avoid the need to marry solely to satisfy a requirement that Portuguese law does not actually impose.

Therefore, before deciding to marry exclusively for citizenship purposes, it is advisable to assess which legal strategy is most appropriate for the couple’s specific circumstances.

Conclusion

Marriage is not the only pathway to Portuguese citizenship.

Portuguese law allows the partner of a Portuguese citizen to acquire citizenship through a de facto union, provided that the relationship has first been recognized by a court and the remaining requirements established under the Portuguese Nationality Law are met.

As every case has its own particular circumstances, an individual legal assessment is important to determine the most appropriate strategy and the right time to begin the judicial recognition proceedings and, subsequently, the Portuguese citizenship application.

Rafaela Barbosa Advocacia Internacional
Specialists in immigration, Italian and Portuguese citizenship, and international mobility.

📍 Portugal | Brazil | Italy
📞 +351 913 158 360
📩 advocacia.rafaelabarbosa@gmail.com
🌐 www.rafaelabarbosaadv.com

If you have any questions, our team is available to assist you.

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