Portuguese Citizenship Through Marriage: Americans and Britons
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In this article
- What does the law say about marriage and union?
- How long do we need to have been together?
- What does the 2026 text set out?
- Who can file, and where?
- Which documents do I need?
- What does the guide say about ties to the Portuguese community?
- What does it cost, and what happens next?
- Do Americans and Britons read this differently?
- What we read, and when
- FAQ
If you have been married to a Portuguese citizen for more than three years, you can ask for Portuguese nationality by making a declaration while the marriage lasts. If you live in a de facto union, the same period applies, but a Portuguese court must have recognized the union first.
This guide covers only that route, article 3 of the Nationality Law. For the residence route, see our guide to Portuguese citizenship for Americans and Britons, our walkthrough of the citizenship by residence process and our summary of the 2026 changes to the Nationality Law. We read the consolidated Nationality Law and Regulamento on the Diário da República, the Justice guide for spouses and the IRN pages on 21 October 2026. The latest change they state is dated 18 May 2026, and Organic Law 1/2026 is in force from 19 May 2026. This is not legal advice, and the registry that receives your file decides what it accepts.
What does the law say about marriage and union?
Article 3 of the Nationality Law, titled “Aquisição em caso de casamento ou união de facto”, reads as follows in the consolidated text (paraphrased from the Portuguese):
| Paragraph | What the law text says |
|---|---|
| 3(1) | A foreigner married for more than three years to a Portuguese national may acquire Portuguese nationality by a declaration made while the marriage lasts |
| 3(3) | A foreigner who, on the date of the declaration, has lived in a de facto union for more than three years with a Portuguese national may acquire nationality after the competent court has issued the decision recognizing the union |
| 3(4) | Acquisition on the grounds of paragraphs 1 and 3 depends on none of the situations in points f) to h) of article 6(1) applying |
The Diário da República header shows the latest change to the law as 18 May 2026, with Organic Law 1/2026 in force from 19 May 2026. We did not read article 6 itself for this guide; our guide to the 2026 law changes covers article 6(1). Paragraph 3(2), which we did not record, is left out of the table.
How long do we need to have been together?
More than three years on the day you make the declaration, for both marriage and union. The law says “à data da declaração” for the union. For the marriage, article 3(1) says the foreigner “casado há mais de três anos” with a Portuguese national may acquire nationality by a declaration made “na constância do matrimónio”.
The pages we read do not say how the three years are counted if you married abroad and registered the marriage later, so ask the registry if that is your case.
What does the 2026 text set out?
What the consolidated text sets out on the pages we read:
- A court decision for unions. Article 3(3) now says nationality is acquired “após a emissão da decisão judicial de reconhecimento pelo tribunal competente”.
- Bars in article 3(4). The route depends on none of the situations in points f) to h) of article 6(1) applying.
- Opposition. Article 9(2) says there is no opposition when the marriage or union is more than six years old or when the couple has common children with Portuguese nationality, except on the grounds in points f) to h) of article 6(1). Article 10(1) says the public prosecutor files the opposition within two years of the registration.
- Pending files. A note on article 7 in the Diário da República says that procedures pending on 19 May 2026 stay under the previous wording; we did not record the full note, so ask the registry if your file was already open.
The Justice marriage page and the Modelo 3 form carry no update date (the guide’s index page says 3 July 2025), and the consolidated Regulamento on 21 October 2026 lists Constitutional Court ruling 522/2025 as its latest change, with the date 23 July 2025. The Justice page for the online service says some of the 2026 changes need complementary rules and that the Regulamento must be amended within 90 days. So treat the guide’s lists as a starting point, and confirm with the registry.
Who can file, and where?
The Justice guide for spouses says the request can be made online by the person’s mandatário (a lawyer or solicitor), or in person. The page for the online service says it is only for those professionals, and that anyone with a mandatário can only file online. Without one, you file in person or by post.
| Way to file | What the pages say |
|---|---|
| Online | Through a lawyer or solicitor registered with their professional body, who signs digitally and attaches scanned PDFs of the original documents |
| In person, without a mandatário | The Justice guide for spouses lists the CNAIM in Porto, the Balcão da Nacionalidade at registry offices in Aveiro, Braga, Coimbra, Évora, Faro, Guarda, Guimarães, Lisboa and other towns, the Conservatória dos Registos Centrais in Lisbon, other registry offices, and the Portuguese consulate in the area where you live |
| By post | To the Conservatória dos Registos Centrais, Rua Rodrigo da Fonseca, 198, 1099-003 Lisboa, Portugal |
A more recent IRN nationality page (updated on 18 May 2026) lists the places as including CNAIM Lisboa and Porto, Balcão da Nacionalidade offices that include Amadora (the marriage page’s list does not name it), and Portuguese consular posts if you live abroad. You can book in-person service online through the SIGA portal or the sigaApp.
Which documents do I need?
The Justice guide for spouses lists these, for people filing without a mandatário:
| Document | What the guide says |
|---|---|
| Declaration form | The IRN “Declaração para Aquisição da Nacionalidade Portuguesa” (Modelo 3). Sign it in front of a registry employee when you hand it in; if you post it, sign it before someone with the power to certify signatures |
| Your birth certificate | Legalized; the guide says an apostille or the visa of a Portuguese consulate for a foreign certificate, and a certified Portuguese translation if it is not in Portuguese. Our guide to apostilles and certified translations covers the steps |
| Your spouse’s birth certificate | Can be skipped if you identify the registry office, year and number of the Portuguese record |
| Marriage certificate | Can be skipped if you identify the registry office, year and number of the record in Portugal |
| Proof of your nationality | With a certified translation if it is not in Portuguese |
| Criminal record | From the countries of birth and nationality and any country where you lived from age 16, with certified translation |
| For a union: court judgment | The certified judgment recognizing that you have lived for more than 3 years in conditions like those of married people |
| For a union: your partner’s statement | Made less than 3 months before, confirming the union continues; it can be made in person to the employee or in a signed document giving the partner’s Cartão de Cidadão or B.I. number, issue date and issuing body |
| If it applies | Proof of public functions held in another country, or of non-mandatory military service for another state |
| Proof of ties to Portugal | “Where applicable,” says the guide: for example an employer or Social Security statement, children’s records, an IRS return, payslips, or water, electricity or rent bills |
Article 14 of the Regulamento also sets out documents for each route, and article 37(4) deals with dispensing certificates. We did not record their detail, so the Justice list above is what we rely on.
The Modelo 3 form we read also asks you to answer questions on ties to the Portuguese community, a prison sentence “igual ou superior a 3 anos”, public functions for a foreign state, non-mandatory military service and terrorism. It has a box to have the Portuguese criminal record obtained by the registry. The form carries no date and we did not compare it with article 6(1)(f), so ask the registry which version of the form it expects.
What does the guide say about ties to the Portuguese community?
The Justice guide for spouses says ties are automatically recognized on the date of the request if you have been married or in a union for at least 6 years; or at least 5 years and prove Portuguese; or at least 5 years and were born in, and are a national of, a Portuguese-speaking country; or if the couple has common children with Portuguese nationality; or if you have had legal residence in Portugal for at least 5 years; or for at least 3 years and you prove you study in Portugal or know Portuguese.
The law text on opposition (article 9(2)) is simpler on the pages we read: no opposition on the ties ground when the marriage or union is over six years old or there are common Portuguese children. The guide’s list has more cases, and the marriage page we read shows no update date (the guide’s index page says 3 July 2025), so ask the registry which applies. Our guide on proving Portuguese covers the language side.
What does it cost, and what happens next?
The guide says the request costs 250 euros, paid by bank card where you file, or by bank card or cheque if you file by post. The Modelo 3 form shows 250 euros as well and says cheques must be bank or certified cheques in euros payable to the Instituto dos Registos e do Notariado. The IRN page for online requests says costs are set in the Regulamento Emolumentar, which we did not read, and that they vary by request type, so confirm the amount with the registry.
The prosecutor can oppose within two years of registration (article 10(1)), as described above. Mandatários can follow the file in their online area, and the IRN has a page to check the status of a nationality file.
Do Americans and Britons read this differently?
The text of article 3 does not sort applicants by country, so the marriage route reads the same for both. The difference is on the home side. The Justice guide says Portuguese law does not ask you to give up another nationality, and our guide to dual citizenship covers the US and UK pages. Your birth certificate, proof of nationality and criminal records come from your own country, so the apostille and translation steps in our guide apply to both. We did not read the US or UK issuing pages for those records here.
What we read, and when
We read these pages on 21 October 2026: the consolidated Nationality Law (Law 37/81) and Regulamento da Nacionalidade Portuguesa (Decree-Law 237-A/2006) on the Diário da República; the Justice guide “Como obter a nacionalidade portuguesa”, including its page for people married or in a union with a Portuguese national for more than 3 years; the Justice pages “Nacionalidade portuguesa” (updated 18 May 2026) and “Submeter pedido de nacionalidade” (updated 22 May 2026); and the IRN form Modelo 3. The latest change on the Law’s page is dated 18 May 2026, and Organic Law 1/2026 is in force from 19 May 2026.
FAQ
Do I need to live in Portugal to apply as the spouse of a Portuguese citizen?
The wording of article 3(1) that we read on the Diário da República mentions no residence period: it asks for more than three years of marriage and a declaration made while the marriage lasts. The Justice guide for spouses lists residence only among the ways your ties to the Portuguese community can be recognized automatically, and says you can file at the Portuguese consulate in the area where you live.
Do I have to pass a Portuguese language test?
The wording of article 3 that we read does not mention a language test, and the document list on the Justice guide for spouses does not include a language certificate. The guide does say that ties to the Portuguese community are recognized automatically after five years of marriage or union plus proof of Portuguese, or after six years without it. Ask the registry whether it asks for proof of language in your case.
Can I keep my American or British citizenship?
The Justice guide on Portuguese nationality says Portuguese law lets a Portuguese citizen hold other nationalities, so you do not have to give up another nationality to acquire the Portuguese one. It adds that other countries' laws may require you to give up Portuguese nationality to hold theirs, so check the US or UK side too.
What if the marriage ends after I filed?
Article 3(1) says the declaration must be made while the marriage lasts. The pages we read do not say what happens to a file filed before a divorce, so ask the registry.
How much does it cost?
The Justice guide for spouses says the request costs 250 euros, payable by bank card where you file, or by card or cheque if you file by post. The IRN page for the online service says fees are set by the Regulamento Emolumentar dos Registos e do Notariado, which we did not read, so confirm the amount before you pay.
Sources
Official pages this article was checked against, with the date we last read them.
- Lei da Nacionalidade, Lei n.º 37/81, versão consolidada
- Regulamento da Nacionalidade Portuguesa, Decreto-Lei n.º 237-A/2006, versão consolidada
- Nacionalidade portuguesa (Registos)
- Guia: Como obter a nacionalidade portuguesa
- Submeter pedido de nacionalidade
- Nationality guide: married or in a union with a Portuguese national for more than 3 years
- IRN form Modelo 3, declaration to acquire Portuguese nationality (marriage or union)
About the author
See author pagePatricia Cunes writes the guides on Portuguese paperwork and the long road to settling for good: appointments with the administration, files that stall, residence renewals, and citizenship. Her work follows the steps in the order they have to happen, because the order often decides whether a file moves.
She studied Law at the Universitat de Barcelona and Migration Studies at the Universitat Pompeu Fabra, with a focus on residence and nationality procedures.
Her method is the site's: the competent authority's page is the source, the link is in the text, the date is on the page.
Her work is practical information, not legal advice. When a file needs an immigration lawyer, she says so and helps you get to the appointment prepared.
