Bucbar

I have a Permanent Residency card and have read somewhere that I could now actually apply for citizenship in Portugal whilst still retaining my UK passport otherwise known as dual citizenship. My question is relating to any requirement to take a language test as I believe that there is a loophole for UK-EU citizens which means that that you do not need to speak the language and/or take a test and can still obtain Portuguese citizenship.
Can someone give me the lawful answer please to stop me wasting more breath at the local Conservatory!

AliceCaroline

I'm pretty sure you need to pass the language test unless you are married to a Portuguese citizen. I think it's just residency that avoids the language test for Brits.
"In the case of two Brits married for longer than three years, only one partner needs to apply and do the language test as the other can apply without the language test as soon as the former has acquired citizenship"

This is a good link....

Become a Portuguese citizen AND keep your British passport

Bucbar

The marriage clause sounds interesting- where did you get this quote from Alice?

carvoeiro

i was in the conservatoria asking about this a few weeks ago
you fill in a simple form - prove you aren't a criminal and state the details of where you passed the language test - its written and oral - i think you can only take it in Lisbon or Faro - the two big problems were the length of waiting time before you could take the test - i was told in the region of twelve months and finding someone who could actually teach to the right standard
i had an additional problem - my residency document had expired and in my area the waiting time for an appointment with SEF to renew is over 6 months and this is one of the documents you must have when you make the dual nationality application
Regarding the partner - spouse rule - yes they can apply without the test after you pass - i was told a variation on the above - you can do it immediately so long as you have already been together 3 years otherwise you have to wait
its portugal - two different answers is the norm

AliceCaroline

The quote is from the link.

Click on the underlined section and it takes you to an article on dual citizenship....

Become a Portuguese citizen AND keep your British passport

AliceCaroline

When you were discussing this did anyone say if you can take the language test early or does it have to be in a set time period before you apply - does it expire?
It would take a bit of the pressure off if you passed the test before you'd even reached the six years residency mark.

I intend to make learning the language my main hobby when I retire and move over, I quite enjoy learning it now that some of it is starting to sink in.

Red Eric

Sorry to bring in something not really related to the original post but has anybody considering dual nationality delved into the implications, particularly with regard to wills?

As I understand it, Portugal has fairly strict rules regarding the disposal of assets and how it's treated with regard to surviving spouses and other inheritors. These can be got around by foreigners, who are entitled to make a will according to the law of their nationality but does a dual citizen with Portuguese nationality, resident in Portugal, retain that right?

SgtTroy

I think you may wish to look here:

https://e-justice.europa.eu/content_...ions-166-en.do

"A major step to facilitate cross-border successions was the adoption, on 4 July 2012, of new Union rules designed to make it easier for citizens to handle the legal aspects of an international succession. These new rules apply to the succession of those who die on or after 17 August 2015.
The Regulation ensures that a cross-border succession is treated coherently, under a single law and by one single authority. In principle, the courts of the Member State in which citizens had their last habitual residence will have jurisdiction to deal with the succession and the law of this Member State will apply. However, citizens can choose that the law that should apply to their succession should be the law of their country of nationality. The application of a single law by a single authority to a cross-border succession avoids parallel proceedings with possibly conflicting judicial decisions. It also ensures that decisions given in a Member State are recognised throughout the Union without the need for any special procedure.
The Regulation also introduces a European Certificate of Succession (ECS). This document issued by the authority dealing with the succession can be used by heirs, legatees, executors of wills and administrators of the estate to prove their status and exercise their rights or powers in other Member States. Once issued, the ECS will be recognised in all Member States without any special procedure being required."



But I have no idea what rules would apply post Brexit for UK citizens...

carvoeiro

its a good question
sadly the UK did not sign up for this law - it actioned its EU membership priveledge not to do so - again the UK decides to make life difficult for its expats for no good reason

RichardHenshall

Is dual nationality the same as dual citizenship?

GeniB

I shouldn't think so.. Doesn't dual nationality relate to you parents country of birth? Therefore your rights to be considered part British part Irish say? for e.g.

Citizenship can be acquired even though you were not born in the country you choose,or have any relations ship to it in fact

GeniB

We have drawn up a will here specifically stating that we require UK law to apply to it. It won't make much difference unless we decide to disinherit our D's for dumping us in an old folks home for e.g. lol...

Portuguese law runs along similar lines to most EU countries i.e. Napoleonic law which does not allow for personal grievances to be acted out in the will in the form of disinheritance.(as in UK) The estate ..such as it is would be divided equally between all parties according to their relationship to the deceased.
In the Netherlands we witnessed the result of this on second marriages. The surviving partner in the second marriage being turfed out of their home in order to sell it to realise the cash to divide amongst the families. first and second . This would be the 'hard' interpretation preferred by many Dutch ,who are pragmatists. Usually however the law allows for the partner to remain until their own death ,before the estate is divided.
I actually wish the UK had adopted this law. (they would need to have been invades by Napoleon first though) As my father re-married after the early death of my mother, the entire family estate including most of her previous possessions (apart from jewellery) went to my step mother ( who was lovely by the way) Upon her death however ,everything went to her sons.. They allowed us a 'momento' each. Looking back that would have been extremely hard for my mother to accept ..having worked for over 25 yrs ,through a war, to bring up 5 children and help with my fathers business.etc. To know her kids got diddly squat.. That's uk law though..Just saying...

GeniB

I like the sound of that as despite trying very hard for the first 3 yrs here I am just not 'getting' Portuguese. It's terrible frustrating as I could speak and write Dutch within 3 yrs when we lived in NL. I know I am somewhat older ,but I don't think it's that alone. I am not 'taking' to the language. My OH on the other is now almost fluent.. I am often totally amazed at how easily he whips up a word from nowhere. He did have the advantage of taking Latin at school which he admits helps him enormously... This 'rule' might just save my bacon lol

Red Eric

Thanks, that looks like a very useful resource - I'll bookmark it

Red Eric

Knowing what a very thorough chap you are , I suspect there's more to that question than meets the eye but I always thought the two terms were interchangeable and looking back I see I used them so. A very, very quick search brings up the UK Gov web page on the matter :
https://www.gov.uk/dual-citizenship

Thanks for the other responses. In the process of looking a bit further to answer some of the other questions which occurred to me as a result of those, I came across a good page on the Commission's website, which answers most of them very neatly for me right on the front page. Hope it's useful to others as well.

Here are a couple of excerpts :
Those would seem to me to answer the concerns about dual or multiple nationality, about the UK's non participation from the point of view of us in Portugal and that we're still covered, by the looks of it, despite Brexit.

Planning your cross-border succession