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2020 Amendments to Citizenship by Marriage: Stronger Emphasis on Effective Ties

Law 2/2020 strengthened citizenship-by-marriage criteria, requiring clearer demonstration of effective ties to the Portuguese community while simplifying rules for couples with Portuguese children.

On 11 November 2020, amendments to the Portuguese Nationality Law (Law no. 37/81) entered into force, strengthening the criteria for spouses and partners of Portuguese citizens who wish to apply for nationality. These changes were enacted through Law no. 2/2020 and published in the Diário da República alongside updates to the nationality regulation.

The reform introduced a clearer framework for assessing “effective ties to the Portuguese community” for applicants married to or in a civil partnership with a Portuguese national. Factors such as the duration of the relationship, children resulting from the union, shared residence in Portugal and documented integration activities became more relevant.

The amendments also clarified that applicants married for more than three years to a Portuguese citizen do not need to demonstrate integration if they have Portuguese minor children. This prevents unnecessary bureaucratic barriers for long-established families.

For foreign spouses from the US, UK, Brazil, Canada and Israel, the reform makes the process more transparent but also more rigorous. Demonstrating a genuine connection to Portugal is now central to a successful application.

The updated rules aim to preserve the integrity of marriage-based nationality applications, ensuring that the route is available for families with authentic ties rather than being used solely as an administrative shortcut.

Official source: Diário da República, amendments to Law no. 37/81, 11 November 2020 (https://dre.pt)

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