Repost for David Perry, djperry42 at sbcglobal.net Thank you Tomas for the clarification. That explains the language requirement my son was told about by the NY Consulate - he had gone to them requesting information on securing citizenship before I had thought much about it for myself. I have since secured my citizenship - also through the SF Consulate (Julia is a gem) - and my son's path is much simpler. He's about half way through the process. David
On Tue, Jul 8, 2014 at 4:10 AM, Tomas Leal <[email protected]> wrote: > 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!) > > > -- > For options, such as changing to List, Digest, Abridged, or No Mail > (vacation) mode, log into your Google account and visit this group at > http://groups.google.com/group/Azores. Click in the blue area on the > right that says "Join this group" and it will take you to "Edit my > membership." > --- > You received this message because you are subscribed to the Google Groups > "Azores Genealogy" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > Visit this group at http://groups.google.com/group/azores. > -- Cheri Mello Listowner, Azores-Gen Researching: Vila Franca, Ponta Garca, Ribeira Quente, Ribeira das Tainhas, Achada -- For options, such as changing to List, Digest, Abridged, or No Mail (vacation) mode, log into your Google account and visit this group at http://groups.google.com/group/Azores. Click in the blue area on the right that says "Join this group" and it will take you to "Edit my membership." --- You received this message because you are subscribed to the Google Groups "Azores Genealogy" group. 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