There are four people in our family; me, my wife, and two children. If the program remains open, our ultimate goal in applying for the Golden Visa in Portugal would be to obtain a passport. Considering the expensive fees associated with the Golden Visa, I want to save on renewal fees. How should I operate? Can my wife and I apply for the Golden Visa first and not include our children, and after 5 years, will our children automatically get passports when my wife and I obtain ours? Can they reside in the country till then?
It’s quite limited information to answer precisely. However, citizenship acquired through the Golden Visa is a derivative citizenship obtained by residency. In this kind of citizenship, the effects of nationality start with the acquisition and not from birth. Only if you have children born after the acquisition of citizenship can they automatically obtain citizenship. If it’s not the case they will need to do all the procedures.
It is not possible for your children, while residing in Portugal to remain foreign citizens. In order to access the nationality, your children must become residents, such as yourself. This would allow them to become nationals under the same conditions as you and your wife. One other option would be, once you and your wife become nationals, as parents, to “give” your acquired nationality to your children.
Children must meet the following cumulative requirements to obtain citizenship: 1) have legally resided in Portuguese territory for at least five years; 2) have sufficient knowledge of the Portuguese language; 3) have not been convicted, with sentence transited in rem judicatum, of a prison sentence equal or superior to 3 years for a crime punishable under Portuguese law; 4) do not constitute a danger or threat to national security or defense, by their involvement in activities related to the practice of terrorism, under the terms of the respective law. If they are minors born in Portuguese territory, children of foreigners, who have completed the age of criminal responsibility in points 3 and 4 above, they must comply with the following conditions: 1) one of the parents has resided here, regardless of title, for at least the five years immediately preceding the application; 2) one of the parents has legal residence in the national territory; 3) the minor here has attended at least one year of pre-school education or basic, secondary or vocational education. The calculation of the amount payable is fixed and is done automatically, and the respective fees are made available in the Single Billing Document (DUC). It is Ministerial Order 204/2020 that determines the value of the fees for the concession and renewal of residence permits. If you have a minor child, the minor or incapable children of a parent who is acquiring Portuguese Nationality may also acquire it, through a declaration. This means that after you complete the 5 years of golden visa program, you will be able to apply for Portuguese citizenship, which usually takes 8 months to be approved. Then, only after your citizenship application is approved will you be able to apply for citizenship for your minor child. For these purposes, the civil registry office will ask documents that prove he is studying and living in Portugal, such as school enrolment. This right is extinguished upon reaching the age of majority. And yes, they can reside in the country till then. The application for a residence permit is made by appointment (or through an electronic platform - currently being implemented for holders of a residence visa) and is delivered in person with a form signed by the applicant or by his/her legal representative. It may be presented at any SEF regional directorate or delegation, which may forward it, after instruction and decision, to the regional directorate or delegation of the applicant's area of residence.
It is not possible for any adult or minor to reside in Portugal being a third-state citizen. Being children of a Golden Visa holder, when the holder parent obtains the citizenship, the minor children can then apply also for the Portuguese citizenship, however, their path is slightly different as they must make proof of connection with the Portuguese community.
There would be two options: 1) the children having a residence title as well (under GV family reunification) and applying in similar conditions to the main applicant, based on 5 years of legal residency, among all other requirements; 2) it would also be possible to apply for citizenship once one of the parents have acquired their Portuguese passport, under this specific type of application requirements.
Children of naturalized Portuguese citizens will acquire Portuguese citizenship if they prove ties with Portugal. That is, because the parents are to be considered Portuguese citizens after the kids' birth, your kids' citizenship process will need to be submitted with proof of, for example: Portuguese fluency, ownership of immovable property, attending a Portuguese school and so on (non-objective list). That said, it is important to note that there is no such thing as "automatic acquisition of citizenship". This process will be conditioned to meeting certain criteria. On to the Golden Visa renewal situation and as a matter of clarification: if your intention is to relocate, the kids will have to bear valid Residence Permits and keep the renewal up to date. Should the intention be to only benefit of the 14 days/year, they could come under a valid Schengen Visa. However, in that case, they won't fulfill the 5 years of legal residence and, therefore, their citizenship acquisition will be submitted to the Portuguese ties' proof, as aforementioned.
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