Having your Portuguese nationality application refused can be a frustrating experience, especially after months — or even years — of waiting. However, a refusal does not necessarily mean the end of the process.
Portuguese legislation provides mechanisms to challenge the decision and, in some cases, to resubmit the application.
All refusal decisions must be properly reasoned, set out in writing, and communicated to the applicant. The most common grounds for refusal include errors or omissions in the documentation, insufficient evidence, an adverse criminal record, or inconsistencies in the form or in the information provided. Understanding precisely the reason for the rejection is the first step in determining the best response strategy.
Current legislation provides two formal avenues to challenge a refusal: the optional hierarchical appeal and judicial review before the administrative and tax courts. The hierarchical appeal is an administrative challenge submitted to the same civil registry office where the application was processed. The judicial review, on the other hand, is a legal action brought before the competent administrative court.
In certain situations, when the refusal is due to documental issues or formal errors, it may be quicker and more effective to correct the missing elements, gather the required documentation, and resubmit the nationality application, rather than immediately pursuing an appeal.
Although it is not mandatory, seeking the assistance of a lawyer or legal representative can make a significant difference. An experienced professional can help analyse the decision, draft the appropriate legal arguments, and ensure that all deadlines and procedural requirements are correctly met.
In this process, adopting the correct strategy plays a decisive role in achieving a favourable outcome.
Nationality Department
Ana Santos Fontes | Maria Moura Fonseca | Ana Luíza Fronczak
