What a de facto union is in Portugal
Law 7/2001 of 11 May defines a de facto union as the situation of two people who, regardless of sex, have lived in conditions similar to those of spouses for more than two years. It does not arise from a formal act, as marriage does: it results from the fact that the couple has lived together, as a couple, for that time.
The same law excludes protection in certain cases, for example when one of the partners is under 18, when there is a previous marriage that has not been dissolved (unless there is a judicial separation of persons and property) or when the two are closely related.
For anyone immigrating, this has a practical consequence: as there is no marriage certificate to show, everything depends on proof.
How to prove a de facto union
The law accepts any legally admissible means of proof, unless a rule requires a specific document (article 2-A of Law 7/2001). The most widely used is the declaration from the parish council (junta de freguesia) of the area of residence. When that is the proof, the law requires it to be accompanied by:
- a declaration by both partners, on their word of honour, that they have lived in a de facto union for more than two years;
- full-copy birth certificates for each of them.
Other elements help to show the life in common and how long it has lasted: a lease or deed in both names, the same tax address, shared accounts or expenses, children in common, insurance policies and correspondence. The more consistent the dates, the stronger the proof.
And false declarations are punished under criminal law.
De facto union in family reunification
The Foreigners Act (Law 23/2007) allows family reunification with a partner who maintains with the resident a de facto union duly proven under the law, whether the life in common took place in Portugal or abroad (article 100). It also covers the minor or incapacitated children of the partner who are legally entrusted to them.
When assessing the application, AIMA must take into account factors such as the existence of a common child, previous cohabitation, the registration of the de facto union or any other reliable means of proof (article 104). The union must be valid and recognised under Portuguese law, and both partners must be at least 18 years old on the date of the application.
The other reunification rules apply, including, as a rule, a minimum period of prior residence for the applicant, with exceptions. AIMA may call the couple for an interview. See also the guide to AIMA appointments and timelines.
De facto union and Portuguese nationality
Living in a de facto union with a Portuguese citizen can open the way to Portuguese nationality. The Nationality Act (Law 37/81, as amended by Organic Law 1/2026) provides that a foreigner who has lived in a de facto union for more than three years with a Portuguese national may acquire nationality, after a court has recognised the union.
Check the procedure in the law and with the IRN (Instituto dos Registos e do Notariado). The law also sets out situations that prevent acquisition, so each case should be analysed before going to court.
De facto union or marriage: what to weigh
For immigration purposes, a marriage is proven with a certificate. A de facto union is proven with a set of documents and requires the two years of life in common to have already passed. There is no better option in the abstract: it depends on how long you have lived together, the documents you can gather and the application you want to make.
A few precautions that avoid problems:
- start gathering proof early and keep dated documents;
- check with your parish council what it requires to issue the declaration;
- if either of you was married before, have the proof of divorce at hand.
Talk to us so we can work out which is your case.