The Five Most Relevant Changes to the Citizenship Law

The Portuguese parliament has announced on the last 5th January significant amendments to the Portuguese citizenship law. 

Here are the major changes to the Portuguese citizenship law.

The five-year period needed to pursue citizenship starts to count from the day of application for residency rather than the date of the first residency permit

Before the amendment, applicants were required to fulfill a minimum residency period of five years from the issuance date of the first residency permit, which posed a substantial challenge due to the delays in the Immigration office.

With this new amendment, the calculation of the required legal residency period for citizenship considers the time between the submission of the temporary residency permit and its final approval. This adjustment could potentially streamline the naturalization process by considering the entire period, including the time spent awaiting approval after submitting the temporary residency permit.  

Overall, these modifications appear to be aimed at making the acquisition of Portuguese citizenship through naturalization more efficient and accessible by addressing the big issue of lengthy waiting periods. 

The new regime for descendants of Sephardic Jews

Another important change refers to the regime that allows descendants of Sephardic Jews to acquire Portuguese citizenship. 

According to the amended law, descendants of Sephardic Jews may continue to be granted citizenship, with the exemption of the requisites foreseen in lines b) (residing legally in Portugal for at least 5 years) and c) (proof their knowledge in Portuguese language) of article 6th, no. 1 of the law, as long as they fulfil the two cumulative requirements:

• Documentary proof of tradition of belonging to a Sephardic community of Portuguese origin*: Applicants are required to provide documentary evidence demonstrating a tradition of belonging to a Sephardic community with Portuguese origins. This evidence may include information such as surnames, family language (ladino), and direct or collateral descent.

And

• Legal residence in Portugal for at least 3 years: In addition to proving Sephardic heritage, applicants must demonstrate legal residence in Portugal for a minimum of three years. This residency requirement has been reduced from the standard five years for this specific category of applicants.

Also, the amended Law includes a special provision for pending applications submitted before its entry into force, which grants Portuguese citizenship to descendants of Sephardic Jews who demonstrate tradition of belonging to a Sephardic community of Portuguese origin, based on proven objective requirements of connection to Portugal, namely surnames, family language, direct descent or collateral, as well as:

• Ownership, transmitted mortis causa, of real rights over properties located in Portugal, other personal rights of enjoyment or shareholdings in commercial companies or cooperatives based in Portugal;

Or

• Regular trips throughout the applicant's life to Portugal that attest to an effective and lasting connection to Portugal;

Or

• Holding a residence permit for more than one year. [new requirement introduced by the amendment]

The recognition of paternity of adult applicants

There have also been significant changes in the recognition of paternity for adult applicants seeking Portuguese citizenship.

Until now, it was not possible for applicants who had their paternity recognized after 18 years old to apply for Portuguese citizenship on the grounds of having a Portuguese parent.

The new Law gives the right to applicants in such conditions to submit a citizenship application if the recognition of their paternity occurs judicially or is recognized by a court. However, the legislator decided to establish a deadline for exercising the right to use this recognition to access Portuguese citizenship. In this case, citizenship must be requested within three years after a final judgment has been issued by the competent court. 

The impact of restrictions imposed by the EU and the UN on the citizenship applications

The new amendment also introduces restrictions on citizenship applications regarding individuals deemed potential threats to national security due to their involvement in terrorist or criminal activities. Additionally, those individuals who are subject to sanctions by either the European Union (EU) or the United Nations (UN) will see their citizenship applications put on hold until the sanctions are lifted. 

The introduction of biometric data collection in citizenship applications

The introduction of biometric data collection in citizenship applications ensures a more secure and accurate verification process but also opens the possibility, if the application is successful, to use the applicant’s biometric data to issue the passport and the Portuguese citizenship card.

The collection of biometric data is not mandatory and depends on the discretionary power of the officer who oversees the application.

The new citizenship law is pending the President’s approval to come into full effect. After the presidential ratification, the law should be published in the official gazette and will enter into force only one month after its publication. Until then, the current law remains applicable. 

If you have further questions regarding this matter, get in touch with us, and we will be delighted to assist you.

* The certification is subject to final approval by an evaluation committee appointed by the Ministry of Justice. This committee includes researchers, lecturers or experts on Sephardic studies, and representatives from Jewish communities.