Married to a Portuguese Citizen: 3 or 6 Years for Citizenship?

In short: anyone married to a Portuguese citizen, or living in a de facto union with a Portuguese citizen, can apply for Portuguese citizenship after more than 3 years of relationship. With more than 6 years of relationship, or with Portuguese children of the couple, the Public Prosecutor's Office can no longer object to the application on the grounds of lack of connection to Portugal. Before applying, the marriage must be transcribed in the Portuguese civil registry and the de facto union must be recognized by a Portuguese court.

"Can I apply after 3 years or do I need to wait 6?" The law allows you to apply after 3 years. But between 3 and 6 years, the application may face an objection, that is, it may be challenged by the Public Prosecutor's Office. Below we explain the time periods after the 2026 reform, the objection, the documents and the mistakes that delay the process.

What the law says today

The rules are in the Nationality Act (Lei da Nacionalidade, Law 37/81), as amended by Organic Law 1/2026 (Lei Orgânica), in force since May 19, 2026. For marriage and de facto union, the reform kept the 3- and 6-year periods, but changed how the connection to Portugal is assessed and the time limit for the objection.

The main points, in the republished text of the law, are these:

• Marriage: a foreign national married to a Portuguese citizen for more than 3 years can acquire citizenship by declaration made while the marriage lasts (Art. 3(1)).
• De facto union (união de facto, the name Portuguese law gives to the stable union): a foreign national who, on the date of the application, has lived in a de facto union with a Portuguese citizen for more than 3 years can also apply, but only after the union has been recognized by a court (Art. 3(3)).
• Impediments: the application is refused in case of a sentence of actual imprisonment of more than 3 years for certain serious crimes (such as terrorism or violent crime), a threat to national security, or UN or European Union sanctions (Art. 3(4) and Art. 6(1)(f) to (h)).

"Acquiring by declaration" means this is not a naturalization decided by the Government. The person declares that they want to be Portuguese, and the registration is made if the requirements are met. For this reason, unlike naturalization based on length of residence, here you do not need to live in Portugal.

Watch the dates: applications filed up to May 18, 2026 are still examined under the previous law (Art. 7 of Organic Law 1/2026). For all others, the new rules apply. See also, on our blog, the general summary of the new Nationality Act.

3 years or 6 years: which is your case?

In practice, there are three situations. All of them require more than 3 years of marriage or de facto union. What changes is the risk of an objection.

1. More than 3 years and Portuguese children in common

If the couple has children in common with Portuguese citizenship, the law says that there is no objection based on lack of connection to Portugal (Art. 9(2)). Only the criminal and security impediments still apply.

Example: Ana, a Brazilian citizen, married Rui, a Portuguese citizen, in March 2022. The couple's son is already Portuguese. In October 2026, with more than 3 years of marriage, Ana can apply. She attaches her son's Portuguese birth certificate.

2. More than 6 years of marriage or de facto union

With more than 6 years of relationship, there is also no objection for lack of connection to Portugal, even without children (Art. 9(2)). Again, only the criminal and security impediments remain.

3. Between 3 and 6 years, without Portuguese children

Here the application is possible, but the Public Prosecutor's Office may file an objection if it considers that there are no "ties of effective connection to the national community", that is, a real connection with Portugal (Art. 9(1)(a)). This is the group in which it is worth preparing the application more carefully, as we explain below.

What the Public Prosecutor's objection is

The objection is a court action that the Public Prosecutor's Office (the body that defends the interests of the State in court) can bring before the administrative courts to prevent the acquisition of citizenship. The Central Registry Office (Conservatória dos Registos Centrais), which examines the applications, must report to the Public Prosecutor's Office any facts that may justify an objection (Art. 10(2) of the Nationality Act; Art. 57(8) of the Portuguese Nationality Regulation). Before that, if the registrar sees signs of a problem, the applicant is notified to respond within 30 days (Art. 57(7) of the Regulation).

The grounds for objection are (Art. 9(1)):

• lack of an effective connection to Portugal, assessed under the criteria of Art. 6(1)(c) to (i), including consideration of any conviction for insulting national symbols;
• holding public office that is not predominantly technical or performing non-compulsory military service for a foreign State.

What changed in 2026

The connection to Portugal is now assessed under the same criteria as naturalization (Art. 6(1)(c) to (i)). In simple terms:

• knowing the Portuguese language and culture, history and national symbols;
• knowing the rights and duties of Portuguese citizens and the political organization of the State;
• declaring adherence to the principles of the democratic rule of law;
• not having the criminal and security impediments mentioned above;
• having the means to support oneself.

For nationals of Portuguese-speaking countries, such as Brazil, the law presumes that the language requirement is met, unless a lack of command of Portuguese is evident (Art. 6(10)). The presumption covers only the language. The reform also required the Government to adapt the Nationality Regulation within 90 days (Art. 4 of Organic Law 1/2026). Since the way to prove this knowledge depends on that regulation and on the practice of the Central Registry Office, it is advisable to confirm what is being requested at the time of the application.

The time limit for the objection

The Public Prosecutor's Office has 2 years from the date of registration of the acquisition of citizenship to file an objection (Art. 10(1), as worded in 2026). If the objection is upheld, the court orders the cancellation of the citizenship registration, if it has already been made (Art. 59(2) of the Regulation). For this reason, in cases between 3 and 6 years without Portuguese children, it is worth attaching solid evidence of the connection to Portugal from the start.

Marriage: transcription comes first

If the marriage took place in Brazil, it must be recorded in the Portuguese civil registry before the application. This act is called transcription: the marriage registered abroad is entered in the Portuguese registry and annotated on the Portuguese spouse's birth record.

Why does this matter? The Civil Registry Code (Código do Registo Civil) says that facts subject to mandatory registration can only be relied on after they are registered (Art. 2). And the list of documents for the application starts precisely with the Portuguese spouse's birth certificate showing the transcription of the marriage. The good news: once the registration is made, the civil effects of the marriage go back to the date of the ceremony (Art. 188 of the Civil Registry Code). As a rule, the 3 years are counted from the date of the marriage, not from the date of the transcription.

Example: Carla married Paulo, a Portuguese citizen, in Brazil in 2021, but the marriage was never transcribed. She has more than 3 years of marriage, but she can only apply for citizenship after completing the transcription. Learn more on our page on marriage transcription.

De facto union: a Portuguese judgment is required

For citizenship purposes, the de facto union must be recognized by a Portuguese court. A certificate from the parish council (Junta de Freguesia) is not enough, nor is a public deed made at a Brazilian notary's office on its own.

• Couple living in Portugal: they bring a declaratory action for recognition of the de facto union in the civil court. Under Law 7/2001 (Lei), a de facto union requires living together "in conditions similar to those of spouses" for more than 2 years (Art. 1(2)), but for citizenship the law requires more than 3 years.
• Stable union already recognized in Brazil (by a judgment or by a public deed): you must apply for review and confirmation of that decision at the Court of Appeal (Tribunal da Relação), under Art. 978 et seq. of the Code of Civil Procedure (Código de Processo Civil). See how it works on our page on recognition of foreign judgments.

A decisive point: the judgment or the deed must expressly state the start date of the union. Without it, there is no way to prove the more than 3 years. The application also includes a statement from the Portuguese partner, made less than 3 months earlier, that the union continues (Art. 14(4) of the Regulation). See our page on stable union in Portugal.

Documents: checklist

The full list is on our page on citizenship by marriage or stable union. In short:

Application based on marriage

• birth certificate of the Portuguese spouse, showing the transcription of the marriage;
• full-content (inteiro teor) birth certificate of the applicant, with the clerk's signature notarized at a notary's office and a Hague Apostille;
• full-content marriage certificate issued less than 6 months earlier, with the signature notarized and a Hague Apostille;
• certified copy of a photo ID (RG, CNH driver's license or passport), with a Hague Apostille;
• criminal record certificates from all countries where the applicant has lived after the age of 16;
• depending on the case, the birth certificate of the Portuguese child or evidence of the connection to Portugal.

Application based on de facto union

The documents are similar, but without the marriage certificate. Instead, you include the certificate of the Portuguese judgment, final and unappealable (that is, with no further appeal possible), and the statement from the Portuguese partner, made less than 3 months earlier, that the union continues.

The Hague Apostille is the stamp that gives international validity to public documents.

How the application is filed

According to the official page of the Portuguese Justice services, lawyers and solicitors file citizenship applications online only. Those without a lawyer can send the application by mail or hand it in at a Nationality Desk (Balcão da Nacionalidade). The fee amount is set in the Registry and Notary Fees Regulation (Regulamento Emolumentar dos Registos e do Notariado).

Common mistakes that delay the application

1. Applying without transcribing the marriage. Without the transcription, the marriage cannot be relied on in Portugal.
2. Counting the 3 years incorrectly. The law says "more than 3 years". For a de facto union, the period is counted on the date of the application and from the start date stated in the judgment.
3. Stable union deed without a start date. This is one of the most frequent causes of problems with recognition in Portugal.
4. Thinking the Brazilian deed is enough. For citizenship, a decision from a Portuguese court is required.
5. Expired partner statement. It must be less than 3 months old on the date of the application.
6. Out-of-date certificates or certificates without an apostille. The marriage certificate must be less than 6 months old.
7. Separating before the declaration. The declaration must be made while the marriage exists (Art. 3(1)). If the couple divorces before that, this route is lost.
8. Between 3 and 6 years, without children, applying without evidence of connection. This is the group in which an objection may occur. Prepare the file carefully.

• Organic Law 1/2026 of May 18 (Arts. 2, 4, 5 and 7) and republication of the Nationality Act
• Organic Law 1/2026 — page in the Diário da República
• Law 37/81 — Nationality Act, consolidated version (Arts. 3, 6, 9, 10 and 12-A)
• Portuguese Nationality Regulation — Decree-Law 237-A/2006 (Arts. 14, 56, 57 and 59)
• Civil Registry Code — Decree-Law 131/95 (Arts. 2, 184, 187 and 188)
• Law 7/2001 — protection of de facto unions (Art. 1(2))
• Code of Civil Procedure — Law 41/2013 (Art. 978 et seq., recognition of foreign judgments)
• Justiça.gov.pt — Submit a citizenship application (accessed on October 2, 2026)

Sene & Araújo Sociedade de Advogados team. Content prepared and reviewed by the firm's lawyers, admitted to the Brazilian Bar Association (OAB) and the Portuguese Bar Association (Ordem dos Advogados), with offices in São Paulo and Albufeira. The provisions cited were checked against the official sources listed above. Meet the team.