Citizenship by Marriage (Armenia, Georgia, Portugal, Spain, Cyprus): Legal Specifics and Practical Risks
Marriage to a citizen of another country is often perceived as an automatic route to citizenship. In practice, it is not an unconditional guarantee of obtaining citizenship, but merely a preferential ground for submitting an application. The laws of different states assess marriage differently: in some jurisdictions it reduces the required period for naturalisation or allows an applicant to use a simplified naturalisation procedure; in others it becomes one of the requirements for acquiring citizenship, but it does not remove checks as to the genuineness of the relationship and the applicant’s integration into society.
In this article, we consider the legal consequences that marriage may have for a spouse intending to acquire the citizenship of their wife’s or husband’s country.
The usual requirements for naturalisation are:
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lawful presence in the country;
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the established period of residence;
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integration into society (knowledge of the language, fundamentals of the constitutional order, etc.);
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the applicant’s good character / good repute.
Marriage to a citizen of the country may ease some naturalisation requirements. At the same time, states verify the validity and duration of the marriage.
Accordingly, the following popular immigration destinations—Armenia, Georgia, Portugal, Spain and Cyprus—are considered below with regard to the requirements imposed on the applicant and on the marriage when applying for naturalisation on the basis of marriage to a citizen of that country.
Comparative overview
| Armenia | Georgia | Portugal | Cyprus | Spain | |
|---|---|---|---|---|---|
| Length of marriage | More than 2 years | More than 5 years | More than 3 years | More than 3 years | More than 1 year |
| Residence requirements | At least 365 days’ residence in the country during the marriage | Approximately 5 years’ residence in Georgia during the marriage on the basis of a residence permit | Not required | At least 2 years’ residence in Cyprus | At least 1 year’s residence in Spain during the marriage |
| Guarantee of grant | At the discretion of the state | At the discretion of the state | At the discretion of the state | At the discretion of the state | At the discretion of the state |
| Integration requirements | Lenient; considered formally, without extensive interviews | Verification of genuine residence, social ties, and the existence of employment or a business | Language proficiency; assessment of the degree of participation in society | Participation in the life of the country is assessed; employment, tax payments, and the length of the relationship are considered | Verification of lawful residence and integration into society |
| Language | Basic level | Language examination (oral and written, basic level) | A2 level | Not assessed | A2 level (DELE exam) |
| Knowledge of the Constitution | In a simplified form | Assessment of knowledge of history and the constitutional order | Not assessed | Not assessed | CCSE exam on the fundamentals of the Constitution, state structure, culture, and social life |
| Good character / suitability | No conviction for serious or especially serious offences and no threat to state security | No convictions for intentional offences, repeated breaches of the migration regime, and no threats to national security (including involvement in “destabilising” activities such as street activism, political mobilisation, and links to radical groups) | No conviction for offences carrying 3 years’ imprisonment or more; no threat to national security; no links to terrorism or organised crime. Tax offences are taken into account | No criminal record. “Good character” is assessed—reputation of the applicant, relations with the spouse, tax compliance, and immigration breaches within the EU | No criminal convictions (even if spent) for a range of criminal matters. Administrative offences, breaches of tax and migration legislation, suspended sentences, and old criminal cases are taken into account |
In all jurisdictions considered, the decision to grant citizenship is made at the discretion of the competent authorities. The marriage is checked for sham arrangements, and the absence of a genuine relationship is a ground for refusal of citizenship.
It should also be emphasised that marriage is not an unconditional ground for acquiring citizenship. In any event, the state verifies the applicant against the criteria set out above and may refuse the application in the event of non-compliance. Practice shows that the assessment of the genuineness of the marriage, the degree of integration, and the applicant’s good character is the key factor in the decision-making process.
Practice shows that the mere formal existence of a marriage is often insufficient for successfully obtaining citizenship.
We help clients build a legal position, minimise the risk of refusal, and complete the naturalisation procedure taking into account the requirements of a specific country and law-enforcement / administrative practice.
Author: Yaroslavna Zadesenskaya, Aleksei Molchanov.
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