I am ready to apply for citizenship after 5 years of residency under the GV, and I now reside in Portugal permanently.
I am having trouble obtaining a current copy of my birth certificate. Never mind the reasons why. As a workaround, I am applying for some assistance from the court (not in Portugal). They want evidence, in the form of a document published by the Portuguese government, which states clearly that the birth certificate MUST have been issued within the past 180 days preceding the application. Where can I find this procedural requirement in writing? Does anyone know?
I was only able to find some statements to the contrary - ie. certificates not having a validity period.
However the online ones have 6 months validity only.
I have also read in some brazilian forums that the birth certificate required for portugese citizenship purpose doesn’t lose it’s validity after 180 days, it can be issued anytime and apostilled.
I believe that eportugal page refers to a birth certificate for someone born in Portugal. After a full day of research, I find 100% unanimity on legal firm websites that it’s 180 days for the birth certificate of someone born outside of Portugal. But I won’t argue over whether it’s 180 days or a year. What I need is the guiding document from AIMA or whichever department it is which states the actual duration.
My birth certificate is 56 years old, so arguing over 6 versus 12 months validity is moot. Unless I can find proof that will satisfy a judge (not in Portugal) that this is not acceptable to AIMA, then I have no chance of getting a new certificate, or Portuguese citizenship. My lawyer (also not in Portugal) says a government website with the criteria clearly stated will be enough.
The other factor is that no government authority will apostille a 56-year-old document. I’ve tried. The answer is always, “It’s too old.”
I don’t know what country you are in, but at least in the US, you can have a Notary notarize the document, and then the Apostille will certify the notary. This works for Portugal.
Tried that. Same thing applies: there is no formally stated rule that I can show to prove this. Believe me, I’ve searched. What’s more, my lawyer commented that the lack of apostille is not the main sticking point and may not be enough to sway a judge.
Wow, really? This sounds promising. But the apostille will be for the notary page, not the birth certificate. When you say this works for Portugal, how sure are you about this?
It’s what I did and it has been accepted. Keep in mind that some of the documents they ask for CANNOT be apostilled because they are not official government documents. An example of this is bank statement. So the notary gives a notary stamp certifying that they have reviewed a copy, and then the apostille comes on the notary seal. All I know is that it has worked fine for me and it’s what my lawyers told me to do. Good luck.
Can you just submit your old birth certificate initially, wait for AIMA to request updated documentation, then use AIMA’s request as proof that you need a new birth certificate?
I just realized that we might be misunderstanding each other as I was referring to the ability to apostille an old document. I think you still do need a birth certificate that has been recently issued, or at least I am not sure of that. But once you get it, I think you can apostille the document. Sorry if I gave you false hope there.
Hey Lourenço.
Do you or your PT lawyer still have access to your SEF ARI portal? Once there, go to the RF section, select a minor dependant, in the Documentos section you will find this:
- CertidĂŁo de Nascimento traduzida em lĂngua portuguesa e certificada por representação diplomática ou consular portuguesa, emitida há menos de 12 meses
Speaking of apostilles, for my original online submission I used the old original certificate but freshly apostilled. It was accepted and pre-approved by SEF with no questions asked.
Then for my biometrics I did another trick, that is submitting an expired cert with expired apostille, but topped up with a freshly reissued unapostilled cert. Again, all cleared with no issues.
@tommigun , you would be doing me an enormous favor if you could send me a screen shot of that page. I don’t have access to my ARI portal and my PT lawyer has been stubbornly uncooperative on all matters relating to access to this portal. She hasn’t even replied to my messages on this current question of the birth certificate. Asking her for a screen shot would be like pulling teeth. Anyway, I don’t have a minor dependent. Although it pertains to minor dependents, a screen shot of that page, with any personally identifiable information redacted, might be all I need to submit to the judge I’ve been referring to. If there’s a way to send it to me as a private message, please please do. Thanks.