This may have been addressed above, butâŠ
GV is a residence. After 5 years, thereâs the option to apply for citizenship. Whatâs the difference between that process and the EU Long Term Residence (Blue Card) permit?
Naturalization is a function of the Ministry of Justice and is a completely different section of law and procedures. It is a start-from-scratch with a complete new approval process within MoJ, only one small piece of which is where MoJ consults SEF to ask âhas this person been legally resident for the required timeâ. Nothing else carries over, AFAICT.
LTR is really just a form of permanent residence permit. This is administered by SEF under immigration law and more of an administrative matter than anything - itâs a re-issue of an existing permit under new terms, at least based on the law and procedures I have seen.
Blue Card is yet a different program not related to either.
Thanks
My question was poorly phrased: after the 5 year GV period of residency, could one apply for the EU Long Term Resident visa instead of citizenship?
Not sure what the benefits are as the EU stipulates language proficiency in the country of residence (as does GV), but it intrigued me
(Sorry, thought EULTR was holding a âBlue Cardâ. My mistake)
Not in and of itself, no. EULTR requires boots-on-ground residence. If you get GV and are boots-on-ground then yes, but if you are GV and just in for the minimum periods, then no. The specific requirement from the EU regulations is 4 years 2 months out of 5 years with no more than 6mo at any one time. so itâs actually stricter than D7 even.
If you come at it from having a EU Blue Card then the regs are a little different but the principle remains, you need to commit.
What Jeff said. Also,
AFAIK there are three types of PRs, assuming you meet the granting criteria:
- Regular Portugal PR: Cheap, but has stay requirements (can be waived if absence is due to residence in country of origin) (see article 85 here: https://www.sef.pt/en/Documents/LeideImig(Lei29_2012)EN.pdf )
- Golden PR: Expensive, but stay requirements above waived (see notes here: Article 80 â Permanent Residence Permit â The Official Website of Portuguese Immigration)
- EU LTR: Somewhat more portable, can move and settle in some other countries in the EU, unlike the above two which still have the 180 day rule.
Passport provides full mobility and no stay requirements but citizens may be called upon for duties which PRs wonât. e.g. military service was mandatory for male citizens until 2004.
Susanayang posted above that automatic citizenship for the children of people who naturalized doesnât apply.
Not automatic (in the sense of the US rules outlined by Mimi. Given the childrenâs ages you specified, each child is eligible to apply on the basis of parental citizenship if they declare their interest. The declaration can be signed by their legal representative - parent or attorney.
I have re-checked the law and there are 2 links for children, and here is a link to the requirement for children under 18 whose parent acquired Portuguese nationality after they were born: Como obter a nacionalidade portuguesa. The proof of âeffective link to the portuguese communityâ is conceded if the child has proof of residence in Portugal for 5 years. The parent can then sign the declaration that the minor wishes to acquire Portuguese nationality. The law was changed in 2022 to facilitate naturalisation of children.
If they apply at 18 they are simply naturalizing based on their own 5 years residence, language proficiency etc. At that point it is completely independent of the parental citizenship.
Only under 18 can they attempt to apply as minors âby declarationâ based on parental citizenship. Which requires the ever fuzzy âconnection to the Portuguese communityâ.
@Beanieskis - I have rechecked the requirements and put the correct link in, for minors, who can apply when still a minor, based on parental citizenship acquired after their birth. Suggests that an application can be made as soon as the parent has acquired citizenship.
My previous posts are edited for subsequent readers in your position.
The connection to the Portuguese community is automatically conceded if the child has 5 yearsâ residence, registered in the health system, studied in Portugal. You will need your attorney to check whether the requirement is that one of the last 3 conditions are met, or all 3 are required. Hopefully the former.
In the context of a GV, the lawyer I spoke to on this subject said that there are some IRN offices that are stricter in interpreting the âstrong links to Portugalâ clause than others. Some IRN offices will accept the 5 year residence (on a GV) as enough evidence, whilst others may want a more stronger connection (for minors). This lawyer advised me to keep evidence of links to the Portugal, for example by getting a membership at a football club, attending cultural events, taking photos and so on. Their law firm submits avoids the Lisbon IRN offices for citizenship applications for this reason.
Hi Selina,
Yes, from what you described, your kids should be able to apply for the EU family blue card and then the citizenship based on their previous Portuguese residence card for 5 years.
Always talk to your lawyer as each case may be different.
I hope this helps.
Hello everyone!!
Can anyone please confirm if the 5 years period for citizenship starts from the biometric in SEF or after the first card issuing date?? Thanks in advance
The issuance date on your first card, which is usually a few days after you pay the final fee, but a few weeks before you get the card.
@portunhol.
Thanks for quick response. Really appreciate it.
I was just wondering that the law says legally living in Portugal for five years so after biometric if someone lives in Portugal, that mean he/she is living legally. Therefore, I was thinking it might be after the biometric.
No it specifically states âlegal residentâ and you arenât a legal resident until the card is in your hands, you are merely being allowed to stay, which isnât the samething.
Hi,
Could someone please verify my understanding of the requirement for âstay in the national territoryâ at these various stages, in the reverse chronological order:
- The citizenship application does not require any evidence of âstayâ. Instead it requires a document (comprovativo) from SEF of the applicantâs legal residency status over the period of 5 years. Which in turn should be proven to SEF by the fact of possession of legal residence permits (cards) covering the 5 year period.
- During the period under âpermanent residence permitâ the absence from Portugal must be less than 24 consecutive months or, within a period of three years, 30 months interpolated.
- During the prior periods under âtemporary residence permitâ the absence from Portugal must be less than 6 consecutive months or 8 months interpolated, within the total period of validity* of the temporary permit. (*The temporary residence permit is valid for a period of 2 years counted from the date of issue of the respective title and is renewable for successive periods of 3 years.)
https://dre.pt/dre/legislacao-consolidada/lei/2007-67564445-155706525
The above stay parameters are currently different for GV (~7days per year), but thatâs likely to go as we know from the latest news.
So for the non-GV permits, it looks like the minimum physical presence requirement is actually about 16 months (24-8 months of interpolated absences) within the first 2 years? Equating roughly to 8 months (240 days) per year.
Thatâs quite different from the 183 days per year figure I saw quoted in some other posts here.
Thoughts?..
Hi Tommy
The competent agency to process citizenship application is Ministry of Justice, not SEF. On the 5 year count, there is another mean to demonstrate 5 yrs legal residency: a document called âcontagem do tempoâ issued by SEF, if the person experienced renewal delays between residence permits (cards)
Yes, thanks, I am aware of that document.
But the Ministry of Justice does not require any other proof of stay at that point, correct?
Correct. My friend submitted citizenship application 2 months ago. The supporting documents of 5 yearâs legal residency are copies of her ARI temporary residence permits.