Ask the Lawyer. My Portuguese spouse passed away after I applied for nationality. Can I have the process dismissed?

This is a legitimate and sensitive doubt. From a legal point of view, the answer is clear: the process should not be harmed for this reason.

In applications for nationality through marriage, based on article 3 of the Nationality Law, what the law requires is that the requirements be met at the time of submitting the application. It is on this date that it is verified whether there was a valid marriage with a Portuguese citizen, whether the minimum required time had already elapsed and whether there are no grounds for opposition, such as the absence of an effective link with the Portuguese community or the existence of relevant criminal convictions.

In the case presented, the request was made in January 2025, when the marriage still existed and had lasted for more than six years. In other words, all legal requirements were met at that time.

The death of the spouse, although it is a delicate fact from a personal point of view, does not eliminate the legal relationship that existed on the date of the request. Marriage ends with death, but it does not cease to exist, and it is precisely this relationship that grounds the right to nationality.

Therefore, from a legal point of view, the process remains valid and must continue normally with the IRN. As a precaution, it may be interesting to attach the spouse’s death certificate to the process, accompanied by a simple request informing what happened. It is not a legal requirement, but it helps to avoid any doubts during the analysis.

It is worth emphasizing that a request for nationality can only be rejected based on the reasons provided for by law, especially in article 9 of the Nationality Law. The death of a spouse is not among these reasons.

In short, it is a right that was exercised correctly at the right time. What matters for the analysis is the situation existing on the date of the request, and not facts that happened later.