There are various ways of acquiring Portuguese nationality.
With regard to “dating” relationships and, possibly, de facto unions - prolonged dating in a situation analogous to that of spouses (which is relevant here), Article 3(3) of the Nationality Law (Law 37/81 of October 3) states that “Foreigners who, at the time of the declaration, have been living in a de facto union for more than three years with a Portuguese national may acquire Portuguese nationality, following an action for recognition of this situation to be brought before a civil court”.
This is a way of acquiring Portuguese nationality by will, which allows de facto unions to be equated with marriage for this purpose.
To do so, the foreigner must be living in a de facto union.
With regard to de facto unions, Article 1(2) of Law 7/2001, of May 11, which adopts measures to protect de facto unions, states that it is a legal situation corresponding to living in conditions similar to those of a spouse for two years.
However, unlike marriage, for the purposes of obtaining nationality, when in a de facto union it will be necessary to bring a legal action for recognition of life in a de facto union.
As such, Article 14(2) of Decree-Law 237-A/2006, of December 14 (which approves the Portuguese Nationality Regulation) states that “Foreigners who have been cohabiting with Portuguese nationals for more than three years under conditions similar to those of the spouses, regardless of gender, if they wish to acquire nationality must declare it, provided that they have previously obtained judicial recognition of the de facto union situation”.
Once the respective court decision has been handed down and has become final, the applicant must then submit an application to the Central Registry Office accompanied by the respective certificate, the birth certificate of the Portuguese citizen (or id. of the same) and a declaration by the latter, made less than three months previously, confirming the maintenance of the de facto union, which can be made orally or in writing, under the terms of paragraphs 4 and 5 of the aforementioned article 14.
Thus, we see the existence of two phases - a prior judicial phase and a subsequent administrative phase, in order to mitigate abuse of the system with a view to obtaining European citizenship, with the legal action having to be brought against the State, represented for this purpose by the Public Prosecutor's Office.
As for proof of the existence of a de facto union, the provisions of the aforementioned Law no. 7/2001 of May 11 are relevant, specifically the provisions of article 2-A, according to which a de facto union can be proved by any legally admissible means.
As far as documentary evidence is concerned, the following are relevant: a declaration from the parish council, an accommodation contract, tax declarations, joint travel and accommodation documents, joint expenses, the existence of children in common with the same address on the birth certificates, etc.
As for witness evidence, it can be friends, colleagues, family members, etc.
What is certain is that the means of proof will always depend on the specific situation / relationship, and must be analyzed and obtained causally.
What matters is that the existence of communion of table, bed and board - a de facto union - for more than three years is proven.
It should be emphasized that, since this is about unavailable legal relations, as well as the status of individuals, it will always be necessary to produce evidence and pass a sentence that assesses it, with default being inoperative.
In view of the value and nature of the action, a lawyer must be appointed at the judicial stage.
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