Portugal’s new nationality law approved

Portugal’s New Nationality Law was approved by its parliament on Tuesday after a heated discussion between parties.

The law was passed with votes from the PSD and Chega parties.

“Today, Portugal becomes more Portugal.” “Today, we vote and decide who our people are,” said the Minister of the Presidency, António Leitão Amaro, after the vote approved in parliament on Tuesday night, October 28.

PSD, Chega, IL and CDS and JPP in favour with a total of 157 votes, while PS, Livre, PCP, BE and PAN voted against, with 64 votes.

The Government had the support of Chega – with whom it made an agreement on Tuesday morning, in addition to the CDS-PP and IL, with Chega’s André Ventura’s bench being decisive for its approval.

“It’s a great day for the Portuguese who have Portuguese blood in their veins, not those who are at AIMA,” said Chega Deputy Cristina Rodrigues who also attacked the immigrant associations, who were able to give their opinion on the law.

MP João Almeida of the CDS-PP, gave a speech in a similar vein to Chega. “There were ads everywhere saying that Portuguese nationality was easy. These ads are “disrespectful to history,” he said, adding that “being Portuguese has never been and will never be easy.”

On the left-wing benches, MP Paulo Muacho criticised the speeches from the right, slamming the fact that Golden Visas conferred nationality. “There was no shame in creating a law that sold nationality for €500,000”.

The next step is for the law to be sent to President Marcelo Rebelo de Sousa for ratification, veto or dispatch to the Constitutional Court. After being ratified, the new law will be published in the republic circular Diário da República.

The Prime Minister, Luís Montenegro said that the new law “defines who we are, what we value and the country we want to pass on. Being Portuguese is an honour and responsibility,” he said.

The Nationality Law and was it entails

Portugal’s new nationality law proposes increasing the residency requirement for naturalization from 5 to 10 years for most applicants, with 7 years for citizens of Portuguese-speaking countries (CPLP). It also introduces new requirements, including passing a civics and language test, and a stricter evaluation of integration and personal ties to Portugal. A significant change is that the 7- or 10-year residency period now starts from the date the residence permit is issued, not from the application date.

The granting of nationality to descendants of foreigners residing on national soil is amended; it becomes mandatory for the parents to have resided in Portugal legally for three years, and only if they show willingness for the child to be Portuguese.

Sufficient knowledge of the rights and duties of Portuguese citizens and how the country’s politics is organised is required, through a test.

When requesting to become a national citizen, a sworn statement must be given that the applicant adheres to the fundamental principles of the democratic rule of law.

People convicted and sentenced with effective prison terms are not naturalised citizens.

The extraordinary scheme for Portuguese Sephardic Jews has now been terminated.

Nationality through Portuguese descent is restricted, limited up to the great-grandchildren of Portuguese nationals.

Nationalised citizens who commit serious offences and have been sentenced to a prison term equal to or greater than five years, decreed by a judge, will have their nationality removed if it was granted in less time than the sentence.

Foreigners

The Law on Foreigners is amended with regard to citizens from the CPLP entering, family reunification, and job-seekers visas.

Visas to enter without a work contract or the promise of one are only available for highly qualified people.

The Government will negotiate with higher education institutions to set up a scheme to attract talent and will set up a special channel for this within the immigration office AIMA.

Family reunification (there is a European directive from 2003 that sets obligations and introduces limits) “plays an important role for migrants that benefit from it” and “accelerates integration in the national community”, Minister Leitão Amaro remarked.

On this the rules are tight: Two years of legal residence are required for this right to be exercised.
The period of reunification on national soil is restricted to minors; anyone of age must request it from Portuguese consulates overseas and will be subjected to deferral by the Portuguese authorities.

They must have suitable accommodation and means of sustenance and are not eligible for social benefits.

Measures for family integration are required, namely, learning the language and minors are required to attend compulsory schooling.

The requests can be denied for reasons of public order, public safety, and health.

Tacit acceptance scheme terminated

Portugal is bound by an agreement with the CPLP and therefore AIMA does not have to issue an opinion on CPLP visas, but the Internal Security System borders unit will be required to issue an opinion on these visa requests.

The CPLP residence permit request is limited to those who have a residence visa and applications may not be made on national soil with a tourism visa or visa waiver.

The Council also approved the draft bill to set up a Borders and Immigration Unit within the PSP.

“Portugal must resume having border police that controls entries, supervises, and returns to their countries those who do not respect the rules”, the Minister said.

Lastly, it approved a bill that extends residence permits to October 15 that have been extended automatically, some since the pandemic, and that end by 20 June, and determines whether they are to be renewed if the request is made up until that date.