Changes in the Portuguese Citizenship Law – Questions and Answers (important legal information updated as of April 2022)
On 18.3.2022 an important event took place – a fundamental change in the Portuguese citizenship law took effect. New amendments passed by the Portuguese government change the legal situation for everything related to obtaining Portuguese citizenship for many Israelis and other Jews who are descendants of expellees from Spain and Portugal, obstructing the path of many who have been eligible up to now to obtain Portuguese citizenship and a passport. 
Our offices, in Jerusalem and Tel Aviv, specialize in immigration law and provide comprehensive legal representation to our clients in application proceedings for foreign citizenship. Our office has extensive, proven experience in representing applications for various citizenships in the European Union, such as Portuguese, German, Austrian, Romanian, Lithuanian, and more. Our specialists are always happy to answer your questions regarding the process or your eligibility for a foreign citizenship. In this article Michael Decker, a partner in our firm and expert in immigration law, explains the amendment to the law on Portuguese citizenship.
In recent weeks many people have contacted our office regarding the change in the Portuguese citizenship law. This is in response to the sensational media reports on the changes in this law, which are likely to cancel the eligibility for this prestigious citizenship that many Israelis and other Jews have had up to now. The media reports presented the changes in the law as a sudden event triggered by the Roman Abramovich scandal, in which the Russian oligarch obtained a Portuguese passport on the basis of his Judaism. However, anyone who has been following the updates published by our office on this issue knows that it is not such a sudden change, but rather the result of a prolonged process that has been taking place in Portugal for several years.
Perhaps you happened to see the previous update we published about stricter rules in the Portuguese citizenship law which took effect in 2021. The latest amendments toughen the criteria, such that many Israelis, previously eligible for Portuguese citizenship and a passport, may be prevented from obtaining them now. Many are wondering what these changes are, how they will affect someone who has not yet applied for citizenship, and most important – how they affect someone who has already submitted such an application. To bring order to the chaos, we have prepared a short guide explaining the principal changes and addressing the main questions we have received, which relate to many of you.
What are the principal changes in the Portuguese citizenship law?
The law sets out several new conditions that anyone applying for a Portuguese passport must prove. One fundamental change is that the new law requires the applicant to prove a tie to the Jewish community in Portugal more thoroughly than in the past. This is to be done according to a model that will be approved by the Portuguese government in the future, and the Jewish communities in Portugal will be obligated to act in accordance with this model.
Another significant change which is expected to take effect at the second stage is the requirement to prove a link to Portugal. This proof can be via ownership of real estate or another asset in Portugal, including ownership in a commercial company or cooperative registered in Portugal. An alternative way to prove linkage to Portugal is to present proof of frequent visits to Portugal. As one can see, these are legislative changes that dramatically affect Israelis’ possibility of obtaining Portuguese citizenship, relative to the previous legal situation. Gone is the possibility to obtain a European passport without having to spend time in Portugal or create some tie to the country.
When is the change in the Portuguese citizenship law expected to take effect?
The requirement to prove a connection to Portugal is expected to take effect on 1.10.2022. In contrast, the requirement for certification from a Jewish community, provided according to the new model, is scheduled to take effect already on 15.4.2022. However, as of this writing, the Portuguese government had not yet approved the new model, and this is likely to cause a slight delay in the effective date of the requirement for the certification in this form. As soon as the model takes effect, the requirement will apply immediately.
How do the changes affect applications already submitted?
The change in the Portuguese citizenship law is expected to take effect prospectively (looking towards the future). As a consequence, certifications provided by the Jewish communities up to now are not expected to be affected by the change, nor applications that are at advanced stages. Regarding someone who recently applied for citizenship, for whom the application is only at the initial stages, the issue requires thorough evaluation by an attorney specializing in Portuguese immigration law. That is what we also recommend for anyone who has not yet begun the process but wishes to obtain Portuguese citizenship. You are advised to investigate your eligibility as soon as possible, and handle the issue accordingly.
Is it still worthwhile to apply for Portuguese citizenship?
The changes in the Portuguese law are certainly expected to affect people’s ability to obtain citizenship. However, it is still too early to know how they will influence it or to what extent. Anyone who should be eligible does not have to get discouraged and give up on the option to check their eligibility. However, for those who are eligible, timing significantly affects their possibility to obtain the citizenship. It is important to take action as soon as possible and consult with an attorney specializing in this field to evaluate your eligibility, in order to find out what your options are.
Changes in the Portuguese citizenship law – contact our immigration law specialists
In this article we explained the main changes in the Portuguese citizenship law regarding the possibility to obtain Portuguese citizenship for those eligible. For any additional questions on this issue, attorneys from our office who specialize in immigration law, in Jerusalem or Tel Aviv, are available and happy to help. Attorneys from our office have extensive, proven experience in representing clients in application proceedings for obtaining European citizenships. Our office specializes in Portuguese immigration law, in cooperation with a leading immigration law firm in Portugal, and maintains contact with the authorities on this issue.
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