Changes to the Portuguese citizenship law (2023-2024)

What are the changes in the Portuguese citizenship law between 2022 and 2023 and what do they mean for your eligibility to receive a Portuguese passport?

We recently described the last chance to get a Portuguese passport for those with Jewish-Spanish roots: the changes to Portugal’s immigration regulations that were adopted in 2022 and limit the acceptance of citizenship only to those with ties to Portugal (culture, language, place of residence, etc.) will be reviewed in an appeal that will reach the Supreme Court in Portugal and will likely be found unconstitutional. On the other hand, the updates to the Portuguese Citizenship Law, which were drafted with greater attention to the constitutionality of the changes, will only come into effect in 2024. If the changes made to immigration procedures in 2022 are canceled by the court, any request submitted until the end of December 2023 will be accepted or denied according to the “old” rules of 2018-2021. In other words, it is likely (but not certain) that all those who can prove their descent from Sephardi Jews and submit their application this year, will be able receive a Portuguese passport for themselves and their family members without having to prove ties to Portugal.

But what are the expected changes in the Portuguese citizenship law? Since most of the applicants do not speak Portuguese (hence the issue of affinity etc), we took it upon ourselves to translate the text of the proposal into English:

“Law Proposal Number 72/XV/1.ª

Motives for the proposal:

Organic Law Number 1/2013, of 29th July, adding the fifth amendment to Law no. 37/81, of 3rd October, approved by the Nationality Law, allowed the acquisition of Portuguese nationality, by naturalization, to the descendants of Sephardic Jews of Portuguese origin expelled from Portugal at the end of the 15th century, exempting them from fulfilling the requirements of residence in Portugal and knowledge of the Portuguese language.

This kingdom aimed to promote a legacy of the persecutions suffered by the Jewish community from the reign of D. Manuel I, allowing the return to the Portuguese community of the descendants of Jews expelled or who fled from the Inquisition who objectively demonstrate the tradition of belonging to a Sephardic community of Portuguese origin.

In this context, by the end of 2021, around 140,000 requests for naturalization were submitted, with Portuguese nationality having been granted to around 57,000 descendants. Since 2017, there has been an exponential increase in naturalization requests – a trend aggravated by the revocation, in 2019, of the regime approved in Spain with the same purpose –, going from approximately 7,000 requests per year in 2017, to more than 50,000 in 2021. In 2021, these requests represented 72% of all requests for the acquisition of Portuguese nationality through naturalization.

 At the same time, there has been a growing about number of requests for naturalization for family members of citizens who obtained Portuguese naturalization, with almost all those naturalized do not live or have connections to Portugal – contrary to what was intended with the consecration of the kingdom.

As has been made public knowledge, this kingdom has boosted the proliferation of companies that use aggressive advertising to entice potentially interested parties in naturalization, announcing the advantages associated with obtaining a passport from a Member State of the European Union that allows you to travel without a visa to most countries in the world.

Over this context, it is justified to share in the Nationality Law the requirement that descendants of Sephardic Jews have an effective and current connection to Portugal, demonstrating, when the request is placed, the existence of this connection with the country and with the national community. Those who want to have an effective connection with the national community and not just those who want to obtain an advantageous status, gain access to Portuguese nationality in this way.

During the process above, considering that, currently, only Portugal provides a system for the naturalization of foreigners based solely on the distant descent of Sephardic Jews who were expelled from the Iberian Peninsula more than five centuries ago and that this regime has already been applied for seven years, it is understood to be the purpose of historic reparation envisaged by Organic Law Number 1/2013, of 29th July, was fulfilled.

No regime of historical reparation should be eternal, therefore, it is considered that a time limit should be set for the validity of the regime of exception enshrined for descendants of Sephardic Jews of Portuguese origin, like what happened in Spain, whose regime had an application limited in time, being, moreover, very demanding for the granting of Spanish nationality to descendants of Sephardic Jews.

Additionally, the Nationality Law does not contain any provision that prevents the normal progress and outcome of the process of acquiring nationality

Portuguese submitted by citizen recipients of restrictive measures determined by the European Union or the United Nations, it is deemed appropriate to provide for the suspension of the nationality process while the measure is applicable, thus ensuring better coordination of this legal regime with the regime enshrined in Law no. 97/2017, of 23rd August, in its current wording.

Currently, if a foreigner is the recipient of a restrictive measure, he may be prevented from entering Portugal, but this does not mean that he is prevented from obtaining Portuguese nationality. Incidentally, once Portuguese nationality is acquired, there is no way to prevent you from entering national territory or to determine your exit.

Collected experience also recommends collecting biometric data from those interested in Portuguese nationality to strengthen the mechanisms for verifying the reliability of the data communicated by those interested in the nationality process.

About the phenomena likely to integrate the concept of danger or threat to public order, security, or national defense which, when verified, determine the non-granting of nationality, its extension is extended, bringing the regime closer to Law no. 23/2007, of 4th July, which approves the legal regime for the entry, stay, exit and removal of foreigners from national territory, thus reinforcing the legal system in its protective dimension of national security.

The measure of the penalty that prevents the granting of nationality, is in line with the regime set out in Law no. 23/2007, of 4th July in its current wording. It was further reduced from three to one year.

Finally, we take advantage of the opportunity to clarify the fact that the acquisition of nationality depends on the purpose of counting the period of opposition to the acquisition of nationality by will.

Therefore:

Under the terms of paragraph d) of paragraph 1 of article 197 of the Constitution, the Government presents the following bill to the Assembly of the Republic:

Article 1:

Object

This law makes the 10th amendment to Law no. 37/81, of 3rd October, in its current wording, which approves the Nationality Law.

Article 2:

Amendment to Law no. 37/81, of 3rd October

Articles 1, 6, 9, 10, and 13 Law no. 37/81, of 3rd October, in its current wording, are replaced by the following wording:

«Article 1

[…]

1 – […].

2 – […].

3 – The existence of effective ties to the national community, for the purposes established in paragraph d) of paragraph 1, is verified by sufficient knowledge of the Portuguese language and depends on the non-conviction of a prison sentence equal to or greater than 1 year, with a final and unappealable sentence, for a crime punishable under Portuguese law, and the non-existence of danger or threat to national security or defense, namely for involvement in activities related to the practice of terrorism,  violence, especially violent or highly organized crime.

4 – […].

Article 6:

4

COUNCIL PRESIDENCY OF THE MINISTERS

[…]

1 – […]:

1. a) […];
2. b) […];
3. c) […];
4. d) Have not been convicted, with a final and unappealable sentence, with a prison sentence equal to or greater than 1 year, for a crime punishable under Portuguese law.
5. e) Do not have a danger or threat to national security or defense, namely through involvement in activities related to the practice of terrorism, violent crime, especially violent or highly organized crime.

2 – […].

3 – […].

4 – […].

5 – […].

6 – […].

7 – The Government may grant nationality by naturalization, waiving the requirements set out in paragraphs b) and c) of paragraph 1, to descendants of Portuguese Sephardic Jews, by demonstrating:

1. a) From the tradition of belonging to a Sephardic community of Portuguese origin, based on proven objective requirements of connection to Portugal, namely surnames, family language, and direct or collateral descent; It is.

1. b) Ownership transferred mortis causa, of real rights over real estate located in Portugal, of other personal rights of enjoyment or of shareholdings in commercial companies or cooperatives based in Portugal, or the performance of regular trips throughout the life of the applicant to Portugal, when such facts attest to an effective and lasting connection to Portugal.

8 – […].

9 – […].

10 – […].

11 – Proof of the non-existence of a conviction, with a final and unappealable sentence, with a prison sentence equal to or greater than 1 year referred to in sub-paragraph d) of paragraph 1, is provided by showing the criminal record certificates issued:

1. a) […];
2. b) […].

12 – […].

Article 9:

[…]

1 – […]:

1. a) […];
2. b) Conviction, with a final and unappealable sentence, with a prison sentence equal to or greater than 1 year, for a crime punishable under Portuguese law.

 

6

COUNCIL PRESIDENCY OF THE MINISTERS

1. c) […];
2. d) The existence of danger or threat to national security or defense, namely through involvement in activities related to the practice of terrorism, violent crime, especially violent or highly organized crime.

2 – […].

3 – […].

4 – […].

Article 10:

[…]

1 – Opposition is filed by the Public Prosecution Service within a period of 1 year from the date of registration of the acquisition of nationality, in a process to be instituted under the terms of Article 26.

2 – […].

Article 13:

[…]

1 – […].

2 – The procedure for acquiring Portuguese nationality by will, adoption, or naturalization is also suspended while the interested party is the recipient of restrictive measures approved by the United Nations or by the European Union, within the meaning of Law no. 97/2017, of 23rd August.

3 – [Previous no 2].

4 -Acts committed in violation of the provisions of paragraphs 1 and 2 are null and void.

Article 3:

Amendment to Law no. 37/81, of 3rd October

Article 12-C is added to Law no. 37/81, of 3rd October, in its current wording, with the following wording:

«Article 12.º-C

Collection of biometric data

1 – To verify the reliability of the data presented in the nationality process, the following biometric data of interested parties may be collected:

1. a) Face Picture.
2. b)
3. c) Height.

2 – The collection and processing of the data referred to in the previous number may be carried out by qualified personnel duly accredited by the Instituto de Registos e Notariado, I.P. (IRN, I.P.), or by the Directorate-General of Consular Affairs and by Portuguese Communities, or through self-service terminals provided by IRN, I.P., or self-service terminals provided by Agência para a Modernização Administrativa, I.P., in citizen spaces.

3 – If the request for nationality is granted, the data referred to in paragraph 1 may be reused for the purposes set out in Law no. 7/2007, of 5th February, in its current wording, and will be stored under the terms provided therein.

4 -In case of a denied request for nationality, the data referred to in paragraph 1 shall be deleted after the period for a judicial challenge to the rejection order has expired or, in case of challenge, after the decision has become final and unappealable. dismissal order. »

Article 4

Amendment systematic to Law no. 37/81, of 3rd October

 Chapter VI of Title I of Law Number 37/81, of 3rd October, in its current wording, now integrates Articles 12-C to 15.

Article 5

Regulamentation

The Government makes necessary changes to the Portuguese Nationality Regulation, approved by Decree-Law No. 237-A/2006, of 14th December, within a period of 90 days from the publication of this law, determining, namely, the terms the collection and processing of biometric data referred to in article 12-C of Law no. 37/81, of 3rd October, as amended by this law.

Article 6

Standard Note

Article 6(7) of Law No. 37/81, of 3rd October, in his current wording, is revoked.                                 Article 7

Entry into force and effect

1 – Without prejudice to the provisions of the following number, this law enters into force on the day following its publication.

2 –   The provisions of the previous article take effect on January 1, 2024.

3 – The provisions of the previous number do not affect the assessment of applications for granting Portuguese nationality presented, based on paragraph 7 of article 6 of Law no. 37/81, from October 3rd, until December 31, 2023.

Seen and approved by the Council of Ministers on 6th April 2023

The Prime Minister

The Minister of Justice

The Minister of State and Parliamentary Affairs