Consultancy for Nationality

Portuguese

 

 

We work directly in Portugal making application for Nationality for descendants of Portuguese and for the spouse, or partners, as well as for descendants of Sephardic Jews

 

Who can claim Portuguese Nationality?

The Son, the Grandson and in some cases the great-grandson

If you are a son or grandson of Portuguese, know that you are entitled to Portuguese nationality by virtue of the jus sanguinis (right of blood).

The Portuguese nationality law expresses that such right only affects the descendants of native Portuguese, up to the 2nd Grade, that is, they will only be able to claim, children and grandchildren.

It should be noted that with the ninth amendment to the Nationality Law 37/81, the Organic Law 2/2020, in the nationality requirements by grandchildren of Portuguese, with regard to the existence of effective ties to the national community for the purposes established in the paragraph d) paragraph 1 of article 1, will be verified by the sufficient knowledge of the Portuguese language, or being presumed in cases of applicants from Portuguese-speaking countries. This greatly facilitated, freeing the NETO de Portuguese from the proof of ties of effective connection to the Portuguese community, which was a real obstacle to be overcome in order to comply with such requirements.

But, let's go to the case where you have a great-grandfather, for example, through the father, who is Portuguese and your father is alive. We will apply for Portuguese nationality for your father, initially as a NETO, and after he acquires Portuguese citizenship and your procedure ends, we will be able to apply for you as a child. In this tune, you great-grandson can also be entitled, you only need the son or grandson of the Portuguese to be alive.

The Spouse and the one who lives in Stable Union

If you are a Portuguese spouse, or live in a common-law marriage, you can also claim Portuguese nationality, however you have to have the time period determined in Law 2/2020 – ninth amendment to the Portuguese Nationality Law.

According to the new law, those who have been married for 3 years or in a stable union have the right to apply for Portuguese nationality, however, they must present effective ties with the Portuguese community, except if they have children in common, if that the actual connection is waived.

Now, if they have been married or in a stable union for more than 6 years, the effective connection is presumed, being also exempted by law.

It should be noted that Stable Union must be recognized by the Portuguese Justice in Action for Confirmation and Recognition of Stable Union.

Our work is all done directly in Portugal, we are all Lawyers, with a regularized company, with offices in Rio de Janeiro and Lisbon.

In addition to the request for nationality, there are other related needs, which are: Consultancy for Approval of Divorce, Consultancy for Adoption, and other judgments, Consultancy for transcription of Marriage and Death, Rectifications, Consultancy for the Search for Certificates and Documents, among other legal tasks the which we are able to develop.

Make contact with us and let us know your need. We are here to help you.

 

What else do we do

Consultancy for the search for certificates and documents in Brazil and Europe

Having the correct certificates that procedures generally require is a necessity.

The most important certificate in the nationality procedure is the birth certificate of the ascendant national, by which nationality will be claimed by the jus sanguinis.

There are two possibilities, A UMA: when the applicant for nationality has the basic information, namely – Full name of Portuguese, parentage, date and place of birth, indicating the parish. In this case, we can find it through the office and nothing is charged, following the nationality procedure. TWO: when there are few references, little information and few documents. In this case, we will need the help of a historian, whether for a Portuguese, Italian or Brazilian Certificate. We have a historian on our team who has been quite successful in his searches, making nationality procedures feasible.

Therefore, prior to contracting for nationality, we search for the birth certificate of the ascendant National who will be claiming citizenship, since it is a fundamental part of this procedure.

Marriage Transcription Consultancy

The Portuguese that comes to Brazil, or the one who acquires Portuguese Nationality, has a Portuguese Civil Registry. There, it must contain ALL acts of civil life relating to the person.

Marital status is one of them. Therefore, the Portuguese Civil Registry Code, law 131/1995, in its Art. 1, nº1, letter d, determines as mandatory the Transcription (registration) of the Marriage.

See that this is a logical question, because if a Portuguese person is single, comes to Brazil and contracts the marriage, he has to practice a specific Act for Transcription of his marriage, thus coming to appear as “married” in Portugal.

The lack of a Marriage Transcript makes it impossible to renew the citizen card and Portuguese passport, as well as, until the Transcription is made, nationality cannot be requested for their descendants.

Therefore, it is a mandatory Act. We see that some service providers, unfortunately, do not place the Marriage Transcript as necessary, reducing the initial cost, an attraction for the client, however it will fatally fall into demand throughout the procedure and will have to bear such cost anyway and will delay your process.

Therefore, the law is clear and the Marriage Transcript the Civil Registry of Portuguese and its MARRIED marital status!

Divorce approval consultancy

The technical legal name would be Action for Recognition and Confirmation of Foreign Divorce Judgment.

Just as it is necessary to transcribe a marriage to update your marital status in Portugal, DIVORCE is no different.

The Portuguese, or those who have acquired Portuguese nationality and who are divorced, need to regularize their marital status in Portugal from married to divorced.

It is a mandatory act, without which the Portuguese is prevented from transmitting their nationality to their descendants. And if there is a crossover of information, it will be required in an eventual nationality application.

Therefore, it is first regularized, updating marital status, and then applying for nationality.

well after Approved by the Portuguese Court of Foreign Court Judgment of Divorce, the judge determines the registration in the Portuguese Civil Registry at the Central Registry Office, being regularized, and passing the Portuguese having the marital status of DIVORCED.

Let's exemplify a case where the client got married, divorced, and remarried. So the correct thing is:

  1. First: Transcrever o primeiro casamento (tempo: 1 mês)
  2. Segundo: Approval of divorce (time: 4 to 6 months)
  3. Third: Transcrição do 2º casamento regularizando-se seu Registro Civil português.

Only after the marital status of the Portuguese person has been regularized can he claim Portuguese nationality for his descendants. The lack of regularity in the Civil Registry can also imply, for Portuguese, the refusal to renew their passport and citizen's card.

For the approval of the divorce, specific documents of the judicial process that took place in the Family Court in Brazil, or the Public Deed of Divorce, are required. We also do that, joining the family process and collecting the necessary documentation, which usually doesn't take long.

Genealogy Consulting

Genealogy is the auxiliary science of history that studies the origin and succession of families, describing the kinship relationships between generations.

The Genealogist's job is to make the ÁRVORE GENEALÓGICA, or document where the line of previous generations to an individual, a family or a group is chronologically exposed, as well as finding historical documents and Birth, Marriage and Death Certificates that aim to prove this line of generations.

Conducts field research, directly in Notary Publics to survey new certificates and in churches and curias for old birth certificates. As well as databases on the internet, which are varied. For example, in Portugal we have the Torre do Tombo website, as well as there are some.

Consultancy for rectification of documents

When the Certificate has incongruent data, we need to see if this error is something relevant or not. Yes, because there are errors that are not taken into account by those who are responsible for analyzing and judging the procedure. The exchange of an “o” for a “u” has not been relevant to the point of needing rectification. In court proceedings in Italy, for example, we had cases in which the Italian Certificate had the name “Giuspepe” and the Certificate of his Brazilian descendant, the name was “Josepe”. This case can be classified as language adaptation, not requiring rectification.

Well, however, there are cases where rectification is needed. We carry out such rectifications both in Brazil and in Europe.

As I mentioned above, when rectification is mandatory, what we have to see are two possibilities: the first is to make the administrative rectification at the Registry, and the second is when the Registry does not accept to make the rectification, due to the change or alteration being too much. In this case, the rectification must be judicial. A Rectification action to be proposed at the Public Records Court, in terms of Brazil.

The ideal is to rectify what has to be rectified and then join the Action, to avoid demands. However, if there is a possibility of adjustment or the error is clearly gross, we do not rectify and wait for the procedure, informing that there is an error, however it is not about anything that actually modifies or alters the situation.

Genealogy Consultancy for Descendants of Sephardic Jews

Between the 15th and the 18th centuries, Sephardic Jews were persecuted in Portugal by Christians, some killed, others tortured. With the expansion of Christianity and the fortification of the Papacy, the Court of the Holy Office was created, which held the judgments of Jews and determined that they become Christians so that they would not be punished, the so-called “New Christians”.

Portugal, currently, with the aim of reducing the consequences of these acts and allowing the descendants of Sephardic Jews to return to Portugal, created the Law that grants the descendants of Sephardic Jews the Portuguese Nationality. Interesting that there is no need to have a limitation of Generations, ie, finding a Sephardic Jew in the 20th Generation and proving the descent, it is possible to claim Portuguese nationality by naturalization.

We do genealogy work for locating and proving the ancestry of a Sephardic Jew. We have a Genealogist on our team, a member of the Colégio Brasileiro de Genealogia, who does the family tree and the technical advice for Certification and proof in the Israeli Community of Lisbon.

Nationality through Sephardic ancestry

There are THREE PHASES to the procedure for applying for nationality through Sephardic ancestry, see below:

1st Phase

GENEALOGY

2nd Phase

CIL CERTIFICATION
(Comunidade Israelita de Lisboa)

3rd Phase

Nationality application at the Registry

If you have ascendant of other nationalities in the European Union, other than Portugal and Italy. Write on the specific form. You must highlight the details for our review, without obligation.

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Common questions

What nationalities do you work with?

We work both with Portuguese nationality, as well as with any other nationality in Europe.
We have offices located in Rio de Janeiro, Lisbon and Rome. The Client Brazil folder is organized in the Rio de Janeiro office, and when ready, sent to Rome when it is Italian Citizenship and to Lisbon when it is related to Portuguese Nationality.
As for specific questions about the nationality of each European country, as they are very diverse questions, we respond, without obligation, through Whatsapp indicated on the website.
We emphasize that Dr Rodrigo Salgado is a Portuguese lawyer, registered with the Portuguese Bar Association under number OA 62346-L.
Contact us to resolve all your doubts.

What documents do I have to have for a marriage transcription?

You will need the birth certificate of the Portuguese, the birth certificate of the foreign spouse and the marriage certificate of both.

If you don't have the certificates, we carry out the search, both in Brazil and Portugal, or any other country in Europe.

What deadline for marriage transcription and divorce approval?

Considering that we carry out the work in one of the regional offices of the conservatory, in Portugal, we were able to carry out the wedding transcription within a period of 1 day to 1 month. There have been cases where we perform the wedding transcription on the same day.

As for the approval of the divorce, it is an action that is proposed in the court of relation of Lisbon, and therefore, it demands the opinion of the Public Ministry and the sentence of the Portuguese judge. The time is around 6 to 8 months.

Is marriage transcription mandatory?

Yes, a marriage transcript is required for the regularization of the Portuguese Civil Registry.

There can be no incongruity between the marital status of the individual in the foreign country and that of his or her original nationality. All acts of civil life for those who have dual nationality must appear in the records of both countries. What appears in the civil registry of natural persons in Brazil must necessarily appear in the Portuguese civil registry.

The lack of marriage transcription and/or divorce approval, causes irregularity in the civil registry, and prevents the application of nationality for their descendants, as well as preventing the renewal of the Portuguese citizen card and passport.

If such an act is not performed and the application for nationality is filed, the transcription will be required and will have to be done. Do not believe anyone who says otherwise, as you will end up closing a contract with a more attractive value, but later you will have to pay the proper act of transcription of the marriage due to the requirement of the registry.

What documents do I need to approve a divorce?

You will need, as a rule:

  1. A) of the birth certificate of Portuguese,
  2. B) of the specific documents of the divorce judicial process,
  3. C) of the marriage certificate

It should be noted that, before proving the divorce, it is necessary to observe whether the marriage has been registered in the respective Portuguese registry.

If you don't have the complete documentation of the divorce process, we can carry out the survey.

Do I need to approve my common-law marriage in Portuguese justice?

Yes, under Portuguese law, a common-law marriage made by public deed in a notary in Brazil, or in another country, or even by court decision, must be mandatorily confirmed and recognized by the justice in Portugal so that it is valid there for all purposes of law and mainly in an application for nationality derived from the common-law marriage.

Is the names and dates required to be correct on the certificates or will I have to make rectifications?

There are cases of so-called "gross errors", which are those by which we manage with the registry or in court to avoid the need for rectification, thus giving progress to the procedure. Both in Portugal and in Brazil.

However, when it comes to a complete change of dates, names, or other essential data for identifying the individual, we will not be able to avoid the need for rectification, which can be done through administrative or judicial means.

We always advise, when it comes to necessary rectification, that the client does not take the risk of carrying out the procedure without first rectifying the documents.

Because, if there is a requirement for rectification at a later time, the applicant will have to spend more, as he will have to raise new certificates to rectify them, since those he used are in the process.

As well, it will cause an extension of the execution of the specific procedure being performed. Spending more and having as a consequence a delay much longer than desired.

How is the genealogy done?

Well, anyone can do their genealogy. However, you will face a huge difficulty, hence the importance of hiring a genealogist. Especially when it comes to doing the genealogy to try to find a Sephardic Jew as an ancestor, which would give the right to claim Portuguese nationality.

However, in these works, we are not just dealing with the family tree, we have to prove the links between descendants and ascendants, until we find a Sephardic Jew, and still demonstrate that that Jew was persecuted at the time between the 15th and 18th centuries, in Portugal for the Christians.

Just to explain, the genealogist already has in his database the names of the Sephardic Jews and their existing descending family tree, both in Brazil and in Portugal, in view of the working time and personal database made throughout years old.

Through the genealogist's experience, he manages to link his ancestors to a family tree of one of the Sephardic Jews to which he already has in his files, and from there begin to work on proving the connection of the respective generations.

Therefore, each genealogist will have a greater or lesser degree of possibility of success in their work, which varies according to the amount of information they have and which will demarcate a greater or lesser possibility of finding a Sephardic ancestor, enabling them to claim Portuguese Nationality.

Our team is made up of varied professionals, multidisciplinary, Brazilian, Portuguese, Spanish, Italian lawyers, among others, as well as the most qualified and renowned historians and genealogists in Brazil and abroad, who make up the excellence of our work.