There is some confusion, and I do know the correct information.

Countries within the European Union have aligned citizenship laws to one 
standard: Citizenship extends to the CHILD of a citizen. Anyone born of a 
Portuguese citizen has by birth Portuguese citizenship. A birth within 
Portugal is registered officially with the government and the person need 
to nothing else.

A birth outside of Portugal must be registered with the Portuguese 
government. This can be accomplished through a consulate.

Citizenship does NOT extend to grandchildren. A grandchild may claim 
citizenship AFTER the parent claims citizenship, but not before.

Portugal does have additional opportunities for citizenship. One is by 
marriage to a Portuguese citizen. After a specific period of time (which I 
think is three years), the non-Portuguese spouse may request citizenship. 
The request must be completed entirely in Portuguese. This is the extent to 
which the spouse demonstrates fluency.

Another opportunity is for a grandchild of a citizen, as is my situation. 
Because my father never claimed citizenship through his father, I cannot 
make my claim as a child of a citizen, only as a grandchild. In this 
situation, I must fulfill four requirements:

   1. Prove citizenship of the grandparent, usually through a registration 
   of the grandparent's birth, which in days gone by was done by the parish 
   priest when listing the baptism. This proof must be an official copy, which 
   can be obtained through the government.
   2. Prove the absence of a criminal record. In North America, this can be 
   initiated through the local law-enforcement authority and in the U.S. ties 
   into FBI records. This record must be recently acquired when applying for 
   citizenship. "Recently" seems to mean within the past six months.
   3. Prove a minimum of three years of residency in Portugal. This is the 
   tricky part for grandchildren in North America who are full-time in North 
   America. I have a home in Pico and spend the entire summer there. This is 
   my fifth summer here, and I have an official document from the junta of the 
   freguesia that I am here "a major part of the year."
   4. Demonstrate fluency in the Portuguese language. Here, things get a 
   little murky--in true Portuguese fashion. There is a written test that can 
   be administered at the consulate. In some areas of the U.S. the test can 
   also be administered by individuals authorized by the Portuguese government 
   to administer the test, such as any one of several teachers of Portuguese 
   language and culture in the U.S. who have official status with the 
   Portuguese government.

 In my situation, I am studying Portuguese from a woman who was a teacher 
employed by the Portuguese government in Angola and Pico. She is retired 
both from teaching and from her U.S. job. As a condition of securing her 
qualification for a Portuguese pension, she has been operating a small 
"school" teaching Portuguese language and culture. In the San Francisco Bay 
Area, there is a group of such teachers, all of whom are recognized by the 
Portuguese government and receive instruction materials they can use, 
though they are not paid for their work by the government. Every year, 
there is a conference of these teachers and the consul and other officials 
attend.

In areas with concentrations of Portuguese immigrants (primarily Azorean), 
it is likely you can find someone who can help. The nearest consulate (San 
Francisco has one, fortunately) can also provide some guidance.

Another example of the regulations:

I belong to a local association. There is a married couple in which the 
wife was born in Portugal and emigrated as a young adult. She married a man 
born in California whose grandparents were Portuguese immigrants but whose 
parents never claimed citizenship. His grandparents and parents are dead.

Their two adult sons would like to secure citizenship, and they attempted 
through their mother. However, the government insisted on proof of their 
legitimacy and they had to provide copies of their parents' marriage 
registration. Notice I wrote "registration" and not marriage "certificate." 
The parents married in California and never registered their marriage in 
Portugal. This has now been done and both sons can file claims of 
citizenship. Because they are citizens by birth, they merely have to show 
their mother's birth as a Portuguese citizen and the registration of her 
"foreign" marriage.

One son is engaged and he inquired about citizenship for his non-Portuguese 
spouse, as both want an EU passport for travel within the EU and for the 
possibility of living and working in the union. After the marriage, the 
spouse must wait three years and then apply, which he will do through the 
consulate in San Francisco, with a request written in Portuguese. This 
information came directly from the consulate staff. 

And, yes, notice that I wrote "he" for the son's spouse. A few years ago, 
Portugal changed its laws to recognize same-sex marriages, both those 
performed in and outside of Portugal. The sex of the spouse applying for 
citizenship is not a concern.

Another example:

A married couple living part of the year in the U.S. and a major part of 
each year on S. Jorge. The husband is Portuguese by birth (both parents 
were born in the Azores and emigrated together to the U.S.). He has filed 
and secured his claim to Portuguese citizenship. His wife has no Portuguese 
connection (except for him!). She had to fulfill the three-year wait and 
then the Portuguese language request for Portuguese citizenship. The 
request paperwork entirely in Portuguese was the only demonstration of her 
fluency required. 

All this said, there seems to be some differing understandings of 
"fluency." The wife in S. Jorge did meet and talk with officials there and 
used only Portuguese in her dealings. Word in the Bay Area is that the test 
covers grammar, reading comprehension, writing skill, and some knowledge of 
Portuguese history. There is also an oral part to the test, through a brief 
conversation with the person administering the test. I am also told the 
test is given at certain times of the year by someone who comes from 
Portugal and travels to various consulates as a way of ensuring local staff 
members aren't bending the rules.

Tomás Leal (who actually was "Tom" before  getting residency in the Açores!)


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