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When do I need a Portuguese immigration lawyer?
Portugal has long been considered an attractive European country for foreign nationals to both live and set up a business in. However, problems may arise for those unaware of the ever-changing laws regarding Portuguese citizenship and immigration. For example, effective from April 2024, the time between the submission of the temporary or permanent residence permit will be considered when applying for Portuguese citizenship, which can shorten the five years required for the naturalisation path. With nationality laws always evolving, applicants may benefit from instructing international immigration lawyers (Advogados).
This guide will delve into the different circumstances in which foreign nationals would benefit from an immigration lawyer when applying to become a Portuguese citizen.
Click on the links below to jump to that section:
Discover the problems that may arise when applying to become a Portuguese citizen.
Discover the benefits of instructing experienced, cross-border immigration lawyers in Portugal.
Find out which situations a Portuguese immigration lawyer (Advogado) would be beneficial.
Discover how our immigration lawyers can help you during your application.
Read our most common queries on the Portuguese citizenship application.
What are the common challenges in obtaining Portuguese citizenship?
Portugal has many benefits and is regarded as one of the most accessible European countries for foreign nationals to gain citizenship. This is demonstrated by its variety of pathways, such as naturalisation and marriage, and investment programmes like the Visa.
Becoming a Portuguese citizen allows foreign nationals to freely travel around the Schengen region in Europe and access the country’s robust healthcare and education systems.
Nevertheless, the application process presents several challenges that could slow or prevent success:
Residency requirements
Before 2024, foreign nationals looking to apply for Portuguese citizenship would need six years of continuous residency; under the updated nationality laws, this period has been reduced to five years. While this change may seem beneficial, this contingency is based on residing in the country continuously.
For British nationals, who may travel frequently or maintain multiple residencies, proving uninterrupted residency can be challenging. Any breaks in residency may require clarification, such as demonstrating continuous ties to Portugal during absences.
Language barriers
Many foreign nationals may have limited Portuguese language skills, particularly from English-speaking countries. A key requirement for those applying for citizenship through naturalisation or marriage is passing a Portuguese language proficiency test, CIPLE, which assesses the applicant’s skills at level A2.
This test consists of reading and writing (45%), oral comprehension (30%), and oral expression (25%). A citizenship lawyer can assist in navigating this requirement by recommending accredited courses or providing guidance on the exam process.
Proving a strong connection to Portugal
Particularly for applicants not following the descent route, it can be challenging to prove your connection and integration into Portuguese society. This factor is part of the eligibility criteria for citizenship, employment, property ownership or aiding the community.
Differing citizenship laws
While Portugal allows for dual citizenship, not all countries do. British nationals do not face restrictions, but this can be a complex decision for individuals with connections to countries like the Netherlands, often requiring renouncing previous citizenship.
In these circumstances, it is essential to seek legal aid from experienced lawyers (Advogados) who understand the requirements related to citizenship matters under Portuguese nationality law.
Our immigration lawyers provide detailed information and are multi-lingual and multi-jurisdictional, with the capacity to explain the potential complications that may arise during the Portuguese citizenship application. We will guide you through the process, examining documentation and your eligibility to avoid the risk of avoidable errors.
For more information or to request a callback, contact Giambrone & Partners’ below.
How can an immigration lawyer assist during the application process in Portugal?
A Portuguese immigration lawyer is an invaluable resource for foreign nationals navigating the often-complicated application process. Experienced lawyers will ensure that the application is as strong as possible, meets the legal and eligibility criteria, and contains all the necessary information.
Giambrone & Partners’ immigration lawyers will guide you through the application process, and assist you in:
Gathering the required documentation
Specific documentation will be required depending on the pathway chosen—whether through residency, descent, or the Golden Visa programme. This may include proof of continuous residency, birth certificates, and background checks.
An experienced lawyer will assist you in gathering all necessary documents, ensuring they are up to date and compliant with Portuguese legal standards.
Proofing your application
Even minor errors in the visa application can lead to rejection or delays. Expert lawyers can proofread your application, ensuring that it meets all the legal requirements and providing guidance on avoiding common mistakes. They will also assess the strength of your claim, advising on any weaknesses that could cause problems and suggesting ways to bolster your application.
Immigration lawyers help to mitigate risks and increase the likelihood of approval.
When do I need a Portuguese immigration lawyer?
There are certain instances where the expertise of an immigration lawyer becomes essential. If you find yourself facing any of the following situations, seeking legal assistance will considerably enhance your chances of success:
If you are unsure of your eligibility
If you are applying through the Golden Visa programme
If you are applying for other residency visas
If you are uncertain about which pathway to choose
If a previous citizenship application failed
If you are dealing with dual citizenship issues or complexities surrounding renunciation
How Giambrone & Partners can help with applying for Portuguese citizenship
It is highly recommended that legal counsel be sought when applying to become a Portuguese citizen. These experienced and reputable immigration lawyers (Advogados) will guide you through the process, help you through the common challenges, and strengthen your application.
Giambrone & Partners offers specialised services regarding citizenship and immigration. If you want to become a Portuguese citizen, our experienced lawyers will assess your eligibility, help gather documentation, choose the best route for your requirements.
For more information, contact our Portuguese immigration lawyers to request a call back to discuss your case.
Frequently asked questions
How long does it take before you can apply for the Portugal Golden Visa programme?
The Golden Visa programme is designed for individuals who invest significantly in Portugal. As of October 2023, the Golden Visa programme ceases to accept property investment and real estate-related funds – called the “Mais Habitação Law”. However, there are other ways to apply, including setting up a Portuguese company, supporting artistic production, and maintaining cultural heritage, all of which have their own processing time.
Applicants can generally apply for the Golden Visa once their investment is confirmed. This programme allows you to live in Portugal and apply for citizenship after five years of residency.
Find out more about the Portugal Golden Visa programme and its benefits here.
Do you need an immigration lawyer to move to Portugal?
While it is not a legal requirement to instruct an immigration lawyer to move to Portugal, it is highly recommended. Immigration laws are complex and subject to frequent changes, especially following Brexit.
Immigration lawyers for Portugal can guide you through the visa process, ensuring you meet all residency requirements and helping you avoid the pitfalls that can delay or derail your application.
If you require help from an immigration lawyer, contact Giambrone & Partners today to request a callback.
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