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Say

  • Person#1 is a graduate in CS a crossed the Mediterranean by boat.
  • Person#2 is a graduate in CS and went to do an MSc.

If all other things are equal, does it take lesser time and complexity of the process to get Portuguese citizenship for someone who is an illegal immigrant rather than someone who entered with a student-visa? Or, is it the same?

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    This depends on such a vast array of background details that it is impossible to answer this question without very specific situations. There are just too many possibilities.
    – ouflak ♦
    May 7, 2020 at 10:53
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    What is "easiest" for one person is not necessarily "easiest" for another; each of us will assess differently the citizenship requirements of various countries. This question can only be answered by opinion. I voted to close.
    – DavidSupportsMonica
    May 7, 2020 at 14:38
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    Framing the question like that confuses several things. What about a person who crossed the Mediterranean by boat and went to do an MSc? A person who entered on a student visa but is presently staying illegally? What is sometimes the case (don't know about Portugal specifically) is that some conditions are relaxed for refugees (i.e. people who have been found to be under threat in their country of origin, irrespective of their past status or how they entered the country). That would include many people who entered irregularly but not merely because they did so.
    – Relaxed
    May 7, 2020 at 14:59
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    Importantly, a person who crossed the border irregularly is not necessarily an illegal immigrant (if they are a refugee, they cannot be punished for that) and an undocumented migrant did not necessarily enter the country illegally (in Europe, most people in this situation actually did enter on a proper visa but lost their right to stay in the country after a few months/years). Simplistic categories rarely capture the reality of migration trajectories.
    – Relaxed
    May 7, 2020 at 15:01
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    Did either of these people grow up in a Portuguese-speaking country?
    – phoog
    May 10, 2020 at 17:27

2 Answers 2

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As explained by Wikipedia and Asylum in Europe, applying for naturalisation in Portugal, like in many other countries, requires a period of legal residence (five years in this case). A person who crossed the border irregularly will therefore first need to secure a legal basis for residence before anything else and does not seem to be at an advantage here.

I could not find any details regarding Portugal but other countries (e.g. France) do have special naturalisation procedures for refugees. That would cover many of the people who recently crossed the Mediterranean by boat and might be the reason for the confusion behind this question. But it's important to note that naturalisation is not easier merely because the person crossed the border irregularly or was undocumented for a time.

It's rather the other way around: It is because these people are refugees that they are prepared to go to such length to reach Europe and are then able to secure legal residence in spite of crossing the border irregularly (non-refugees, including graduated students who failed to transition to another status, would be at risk of removal back to their country of citizenship). But even in this case, applying for citizenship first requires becoming a legal resident by having one's claim to asylum recognized by the country of refuge.

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No, since the major pre-requierment for citizenship is in how so far a person identifies themselfs as a member of the community/country/society of which they which to become a citizen of.

The residence requirement is secondary.

Portuguese nationality law
There is a requirement to have sufficient knowledge of the Portuguese language and effective links to the national community.

With few exceptions, the residence conditions are reduced when married to a national.

Often, minors (with foreign parents) also recieve special conditions when they are born or grown up in the country.

For Belgium, Bulgaria, Czech Republic, Finland, France Hungary, Ireland, Luxembourg, Malta, The Netherlands, Portugal, Sweden, United Kingdom

Residence requirements

  • 5 years or
  • 3 years when
    • the applicant was born in the country
    • settled in the country before the age of 18
      • execeptions for Finland, The Netherlands
      • not for Hungary, Malta, UK
    • the applicant is married to a national
      • execeptions for Finnland, France
      • not for Malta

Countries where default residence requirement greater than 5 years

A reduced period when:

  • born or settled in the country before the age of 18 (not based on Nationalization of parent)
    • not for Estonia, Greece, Poland, Slovenia
  • the applicant is married to a national
    • not for Estonia, Greece

Countries soly based on Jus sanguinis (right of blood)

No language requirements

Sources:

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    @user366312 Why do you think that all people are moving to Portugal?
    – Mark Johnson
    May 8, 2020 at 15:46
  • @user366312 I am sure, if you looked, you will also find some youtube videos about thousands in France (and those who which to cross over to the United Kingdom), so I am not sure if that is conclusive.
    – Mark Johnson
    May 8, 2020 at 20:47
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    @user366312 As stated, the residence requirement is a secondary requirement. A major requirement (to have sufficient knowledge of the Portuguese language and effective links to the national community) is not meantioned at all in your linked article. You should ask yourself why this aspect in not meationed. This is not as simple as some peaple may have you believe.
    – Mark Johnson
    May 8, 2020 at 22:19
  • (-1) The core of the answer “No, since the major pre-requierment for citizenship is in how so far a person identifies themselfs as a member of the community/country/society of which they which to become a citizen of” is a non-sequitur and fails to substantively address the question. The rest, behind being hard to read, has several inaccuracies (e.g. regarding France), which is to be expected for a copy-paste of poorly understood Wikipedia articles.
    – Relaxed
    May 8, 2020 at 22:58

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