Portuguese Citizenship for Descendants

It is now possible for the descendants of Spanish and Portuguese Sephardi Jews around the world to obtain Portuguese citizenship. Thanks to Portugal’s Law of Return, passed in 2015, enacted by the legislation to make amends for the expulsion that Sephardi Jews were subjected to in 1492 and 1496 coordinated by the Catholic monarchy. More than 500 years later, the law grants Portuguese citizenship for descendants of expellees.

The last few months have been rife with reports that the Portuguese government would tighten the restrictions on who was eligible under the Law of Return. This has been the source of confusion on the part of mainstream and social media. Under the proposed changes, only people who had lived in Portugal for 2 or more years would be eligible to apply. This would drastically reduce the pool of potential candidates. However, said changes were recently rejected by Portugal’s Socialist party.

If you want to undergo the emigration process under the current law, we can help. Our law office specializes in emigration to Portugal for descendants of Sephardic Jews. In this article, Jordan Levy-Bogard, our specialist in emigration to Portugal, will explains the procedure in detail.

What is the process by which Sephardi descendants can claim Portuguese citizenship?

There are a number of requirements that must be complied with for those choosing to apply for Portuguese citizenship under the Law of Return. Firstly, and most importantly, applicants must demonstrate family ties to the Sephardi Jewish community. This is done by proving a connection through family names, language, traditions, and ancestry. Easier said than done; given the temporal gap (over 500 years), it can be difficult to find evidence that proves the connection.

It is possible to use the assistance of a genealogist in cases where it is proving difficult to prove family lineage. A genealogist can research for evidence and documents within the applicant’s family tree that demonstrates the applicant has family connections with the Sephardi community. For example, a property deed, a birth or death certificate, a cemetery record, a bar mitzvah certificate, or a synagogue membership record.

Another document which is necessary is a written certificate from a Sephardi community in Portugal. The Law of Return makes it necessary to obtain the approval of a sanctioned body of the Jewish community of Lisbon or Porto. So, for example, a certificate confirming the fact that the applicant has family ties with the Sephardi community is considered to be actionable proof of Sephardi lineage.

Keep in mind that the applicant is not required to demonstrate that they are a practicing Jew. In fact, the applicant is not required to be Jewish at all. The eligibility requirement under the Law of Return is contingent only on proof of family connection to the Jews who were expelled from Spain and Portugal.

Step One:

After having submitted the documents that certify Sephardi ancestry, the applicant needs the aforementioned letter of recommendation from one of the certified Portuguese Jewish communities. This is done through a series of official documents which the candidate provides. This can include a family tree that identifies the lineage of the family and its ties to Portugal. Indeed, experience has shown that presenting a genealogical report can sometimes be the deciding factor for applicants seeking to obtain citizenship.

Step Two:

After having secured a recommendation from one of the accredited Jewish communities in Portugal, the applicant must send the relevant documentation and their request to Portugal’s Ministry of the Interior. These documents include a copy of a valid passport, a birth certificate, and may include a criminal background check. These documents must be notarized, translated, and sealed with a validation stamp (apostille).

Once the relevant authorities review and process the application, the applicant will receive a formal document from the Portuguese authorities. This is the applicant’s Portuguese birth certificate, which bears a new identification number from the Ministry of the Interior. On reception of the document, the applicant is eligible for a Portuguese ID card, which is a necessary precursor for requesting a Portuguese passport.

How long does it take to obtain a Portuguese passport?

The entire process, on average, takes between one and two years. This is contingent on the time it takes to process and obtain all of the relevant documents. However, throughout the entire process of application, the applicant is not actually required to be in Portugal.

Portuguese Passport: The Advantages

The benefits that a Portuguese passport provides to its holders makes it highly coveted all over the world. Portuguese passport holders have a number of valuable social, religious and economic rights as a result of being members of the European Union. Indeed, passport holders can study in universities, travel without visas, and own property all across Europe. Citizens of the European Union can seek employment and are legally entitled to live in any of the EU member states, from France to Italy.

With a Portuguese passport, there is no need for complicated permits or work visas in Europe, which can be expensive and time consuming. The quality of life in member states of the European Union is high, with career and economic opportunities, and high standards of human rights and civil liberties.

COVID 19: Impact on The Law of Return

As the virus surges internationally and domestically, it is important that we be mindful of case numbers and the facts on the ground. While it is difficult to predict when the global situation returns to normal, keep in mind that the process of applying and receiving Portuguese citizenship is lengthy, ranging from between one year and a half to two years. To quote attorney Michael Decker, from our office: “If you are the descendant of a Portuguese Jew, now is the time to submit your application. We would be glad to assist you through the process of applying for Portuguese citizenship or answer any questions you may have regarding the issue”.