As much as we would like to debate who âearns the rightâ to citizenship, this is a hotly debated topic in the domestic political sphere. Today the country is run by a minority Socialist government supported by two left wing parties.
The recent changes in citizenship/nationality law were driven by the left wing parties. In future, this could change, and what we think today as being normal may not be the case in a few years time.
Generally, yes. But now youâre talking about children born in country. Hauling yourself however far away to have birth in some foreign hospital is a pretty significant tie to the country. 
And Portugal has jus soli rights, plus or minus. Unaccompanied minors crossing the border fall under humanitarian/refugee rules, and .pt has those. Whereas weâre talking here about children who werenât born in the country to parents who âboughtâ a citizenship and arenât bothering to actually live in the country, and their children. At some point you gotta pull the plug. I agree theyâre trying to attract more residents⊠but handing passports to kids who arenât in the country is an expensive and potentially controversial way to encourage younger immigrants, as Aditya points out. Ireland does it, of course, but reasonable countries will disagree on where that point is.
This seems to be the relevant law -
https://dre.pt/web/guest/pesquisa/-/search/564050/details/normal?l=1
As Susan correctly points out, weâre all just punting at it, as an interesting discussion, I think, and I hope no one reading this avoids getting legal counsel on the basis of it.
Hi. There is no separation between children and parents. If the parents live in Portugal, their children can live in Portugal, can get the residency and citizenship. If the parents donât live in Portugal, the children can get the residence card/ EU family blue card and have the right to live in Portugal as well. Either case, there is no denying the kids to live/ be in Portugal with their parents.
I am not saying it is impossible. This is the advise from my lawyer who has been involved with GV since 2012 and now applying permanent residents and citizenship for many clients. The law is vague here, about the Portuguese ties. And she advises that living in Portugal/ being educated in Portugal is obviously a very strong tie. She mentioned also attending a Portuguese school in your home country can also be a tie.
But laws can change. It can be tightened and loosen, in 5 years time, who knows. Golden visa is new, meaning the number of people who are eligible to apply for citizenship after the GV is very few. Those who has applied and got the result are even fewer (just the approval of citizenship takes 1-2 years). And maybe SEF will eventually consider passing the Portuguese language or staying here a few weeks is considered enough tied to Portugal.
For the issue of getting citizenship for your dependents without going thru GV, has to be careful. There is a difference between born as a Portuguese or becoming a Portuguese through naturalisation. And a difference if a child is born before/ after you have become a Portuguese citizen. And a difference between if you are living in Portugal or not. There are so many scenario here. My advise is not to assume. It is better to confirm with a lawyer.
Also, the GV is a residency status, there is value in it. We canât see citizenship has a value of 100, while GV has 0 value, is just the means to get the citizenship.
For instance, like this pandemic, entry to the country is restricted/ limited for a foreigner during certain times with the confinement, but as a resident, you can enter the country. Meaning if something happens you need to leave your home country and come to Portugal, all your family can come if they have the residence permit. I think this (to ensure that they come and stay in Portugal without further formality in case anything happens) is what most people who are looking into GV want, right?
Yes you are right. Residency alone would give some rights. I was giving reasons why children should be eligible for citizenship. I donât know that it is the case, correct or even advisable. Others gave some reasons why they should not be eligible. Itâs not for me really to argue with the law. I am fine with it either way and as I said, it does not affect me at all so in practical terms I donât really care.
Hey Susan.
My kids are toddlers at the moment. Even in 5 years, they are not going to be clearing any A2 Portuguese tests.
Does that mean itâs a waste of money to include them in my GV application?
Hi Roxtar,
I donât see it is as a waste of money.
May be it happens that in 5 yearâs time, you will live in Portugal for a year. If you kids got the golden visa with you, they would be able to apply for citizenship. Otherwise, they wonât be able eligible, they need to live here for 5 years to apply for citizenship.
Or, if they do a gap year/ or a student exchange in their teenage year, they can apply for the citizenship with the Golden Visa.
With the Golden visa, you get a temporary resident card, and that allows you the enter into / live in the country in case anything happens, just like a citizen. (for example during the Covid confinement period)
But every case is different. You should consult your lawyer or immigration consultant.
Thank you @susanayang for a great article! If you donât mind, I have a few questions
Thank you for your help
Hi Potcharapol,
I am glad you enjoy the article.
you can apply now or wait until you get married. Itâs totally up to you. But you should know that the regulation will change by Jan 2022, so it will be more stringent. You can also apply now and add your spouse at the later time. In additional, you can apply now and add your girlfriend in the application now. You need to have a declaration letter that you have lived together for 3 years or more, plus some residential proof.
Yes, you can add your kids during the 5 years of GV, just remember, their 5 years will end latter than your 5 years. And so you should consider the time that you may need to hold your investment when you consider investment options.
Thank you @susanayang for your response. If I add my spouse or kids after Jan 2022, will the capital requirement be different for them as well? Say I go with the âŹ350k option this year, would I need to bump up my investment for them to qualify later?
Also one more question regarding citizenship law. If I have kids after I am naturalized as a Portuguese, would they acquire Portuguese citizenship as well if they are born outside of Portugal? I was under the impression that was the case, but after reading through this thread it looks like the law might be a bit different for those getting citizenship from GVâŠ
No need for extra investment. They are your dependents.
I have said - The law is different if you kids are born in or out of Portugal, or born before you become a Portuguese citizen or not, or if you are a Portuguese by blood or naturalisation, if you live here or not.
The citizenship law is complicated and every case is different. I encourage everyone to consult a lawyer that is experience in citizenship in this matter.
Hi Susan, I have a 15 year old autistic child. We are planning to apply for GV as a family (myself, wife and him). Although we should be able to fulfill most criteria under real estate investment path, I was wondering what happens if my son is not able to clear the Portuguese language test at the time of applying for citizenship. He will be 20 years old at that time and would have crossed the threshold of 18 year age. Can we expect any relaxation to the language clause under humanitarian/ exceptional case like his?
Hi, I, too have a 15 year old autistic son and have had the same question. My attorneys said that it may be possible to get a version of the test adapted to his abilities⊠Maybe also the age threshold might be able to get extended because he would still be a dependent because of his autism?
Hi @susanayang and all, three questions on naturalisation:
Are all persons above age 60 exempt from the language test requirement?
For the one who takes the language test, can one take it even before applying for the GV?
When finally applying for naturalization, apart from handing in the A2 test certificate, is there any personal interview or test to know the culture, history, such?
Please write here or PM, very appreciating to learn.
Susan
Thank you very much for this complete guide. I truly appreciate it. It has answered all my questions and shed additional light on the issues surrounding residence and citizenship for Portugal. I am aiming for citizenship so I have a road map
Iâve learn a lot about GV and reading almost everything. I will apply for it in few months. For children, if you donât intend to live in portugal in near future, no need to apply for GV, they can get citizenship after your naturalization âChildren aged under 18 may acquire Portuguese citizenship by declaration when a parent is naturalisedâ BUT (this is the most important part for me also and i couldnât get any info yet) my sons are 7 and 9. If the process takes 5 years, it is OK, but obviously it will take much longer. if i got my first RP in 1,5 year after application (biometrics etc. etc.) and after 5 years i couldnât learn how long does it take to get citizenship, (lets say 1 year) my son will be 9 yearsold + 2 (first RP) + 5 year (processing time) + 1 year (citizenship) = 17 yearsold. Under 18 but still if there will be more delay he will be over 18. So i will most probably apply for GV for my 9 yearsold son. As much as i understood, if your child is 3-4 yearsold, no need to apply for GV and deal with 7 days stay and language test etc. But as i see none of us here sure how long this process takes from inital application to citizenship.
Susan, i am reading your valuable posts and thank you very much for them. It looks like you know more than us. Do you know how long does citizenship process takes after 5 years ? And if our kids younger than 18 (without golden visa), will apply after our naturalization , do you know how long does it take for them to get citizenship ?
Hi Susan, may I have a question on over-18 children for GV. I understanding that when the application is submitted and renewed, they must be (1) unmarried, (2) under my financial support and (3) under full-time education. My question is, before the second renewal (ie only fulfilled 4 yearsâs residency under the GV) they are no longer studying full-time, how can they fulfill the 5th year of residency requirement before eligible for applying permanent residency? Many thanks!
Andrew
HI Andrew,
Sorry that I have missed your email earlier. I am not sure I understand your question correctly.
In order to renew for the GV, your kids must filful the 3 criteria above. for education as long as the schoolâs declaration letter say they are studying, it doesnât necessarily need to have to mentioned full time.
They donât need to be under bachelor or master program. There are also many short programs in the world that they can take. Many consider a 15 - 20 hours / week program is a full time program - for example studying Portuguese in Portugal. There is always a way to make it happen and not lost the renewal.
After the 2nd renewal, they only need to renew again at year 6, at that time, they can choose to renew into a normal permanent residency program which doesnât have the requirement of being single, dependent and studying.
I hope that clarifies your doubt.
Susan,
Thank you for a great summary of the various options. With regard to Option 4, applying for citizenship/nationality, at the end of 5 years. Is there also a requirement that a person demonstrate sufficient ties to the Portuguese community? Iâve read in a few separate posts elsewhere that this can be a very subjective requirement that may not be a simple hurdle to overcome.