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I’m Brazilian married to Portuguese, when can I apply for residence permit in Portugal?

Marriage alone does not allow you to reside in Portugal without a required residence permit from the competent body. What do you need to know?

First steps

After marrying a Portuguese citizen, if you intend to live with him in Portugal, you should go to the Consulate nearest to your residence in Brazil. Apply then for a residence permit due to the marriage with a national citizen (citizen’s family residence card of the EU). You should deliver documents required by “Law 37/2006”.

A marriage made in Brazil to be valid in Portugal requires the application for homologation of foreign affairs (this can be done at the Consulate in Brazil). Which they send in Brazil, or in Portugal, is admitted to the Civil Registry Office). Without this, you are considered married in Portugal. But there is no validity under Portuguese law, only in Brazil.

           

The invitation

Is just one of the requirements to enter Portugal as a tourist. Which allows the person to stay for only 90 days. When it becomes renewable and that person will be staying in a nation’s house, not in a hotel, the credit card is only for proving at the border that it has a means of keeping up, while you are making the visit. This has nothing to do with the residence permit.

If you are already in Portugal

And you have entered as a tourist, you should go to SEF (Foreigners and Borders Services). There you should apply for a residence permit. As described above. Otherwise after 90 days, you’re only allowed as a tourist. If you do not renew this entry (which is also made in the SEF) this will be in an irregular situation.

The main documents required for citizenship application are: 

  • Own, completed and signed, provided by the Conservatories or Consulates;
  • The identification document of the applicant – passport or GR;
  • Applicant birth certificate;
  • Portuguese ascendant birth certificate (depending on the basis of the application for citizenship);
  • Birth certificate of the progenitor, son of the Portuguese (depending on the basis of the application for citizenship);
  • The criminal history of countries of naturalness, nationality, and residence (depending on the basis of the application for citizenship);
  • Portuguese criminal background (depending on the basis of the application for citizenship);
  • Proof of knowledge of the Portuguese language (depending on the basis of the request for citizenship);
  • Proof of links with Portugal (depending on the basis of the request for citizenship);
  • Birth certificate of the Portuguese spouse or partner (depending on the basis of the request for citizenship);
  • Marriage certificate transcribed in Portugal (depending on the basis of the application for citizenship);
  • The Certificate of the Portuguese judicial sentence that recognizes the stable union (depending on the grounds of the citizenship request).

We also emphasize that sometimes

Depending on the basis of the request for nationality, it will be necessary to transcribe the marriage of the parents or grandparents in Portugal. As a necessary condition for the approval of the citizenship application, the transcription of the marriage is an administrative procedure independent of the process of citizenship. It is also processed at the Conservatories or Consulates.

 Every marriage between a national and a foreign citizen is subject to investigation by the SEF. Does the marriage actually exist or is it false. Only with a view to obtaining a residence permit.

If the marriage is proven to be false, this is a marriage crime. It is established for convenience and is punishable by a term of imprisonment, from 1 to 4 years (according to article 186 of Law 23/2007). This investigation procedure is initiated by the SEF. It may begin one day after the application for the residence card, or a month or even a year later. There is no fixed day and no time.

Therefore, you can see that through marriage the process is a little longer. Is more possible, and obtaining the residence card is not immediate. Since this period of 3 months in practice takes a little longer. Usually only after the end of the investigation authorization is finally given. And the inspection will be more intensive if you are in an irregular situation.

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