On January 5, 2024, the Parliament approved important changes to the Portuguese Nationality Law.
These changes must also be published in the Diário da República and will only come into force on the first day of the month following publication.
Some of the main innovations refer to the regime granting nationality to descendants of Portuguese Sephardic Jews.
Following the introduction of very ambiguous requirements in the Nationality Regulation (which will continue to be in force until the changes now approved come into force) and the possibility of total repeal of the regime, the Parliament has now approved changes to the Nationality Law in relation to descendants of Sephardic Jews.
Furthermore, the government approved a special regime for descendants of Sephardic Jews who apply for nationality before the new law comes into force.
The regime applicable to processes presented after the entry into force of the new law is as follows: From the entry into force of the new law, descendants of Portuguese Sephardic Jews will be able to apply for nationality by fulfilling the following cumulative requirements: (i) Demonstration of tradition of belonging to a Sephardic community of Portuguese origin, based on demonstrated objective requirements for connection to Portugal; and (ii) Legal residence on the Portuguese territory for a minimum period of three years, consecutive or interpolated.
However, proof of tradition of belonging to a Sephardic community of Portuguese origin will be subject to a restrictive change compared to what currently occurs: if, until now, it is demonstrated through the presentation of a certificate from one of the two Sephardic communities in Portugal, when the new changes come into force, this certificate will be subject to final approval by an evaluation committee designated by the Ministry of Justice and which must include representatives of the competent services in the matter, researchers or teachers from higher education institutions in Sephardic Studies and representatives of Jewish communities with religious legal person status, based in Portugal.
The regime applicable to processes presented until the entry into force of the new law is the following: For those who request the granting of nationality as a descendant of Portuguese Sephardic Jews until the entry into force of the new law, there will be an intermediate regime, according to which it will be enough to comply with the following requirements: (i) Demonstration of the tradition of belonging to a Sephardic community of Portuguese origin, based on demonstrated objective requirements of connection to Portugal; and (ii) One of the following alternative requirements: (a) Ownership, transmitted mortis causa, of real rights over assets located in Portugal, of other personal rights of enjoyment or of shares in commercial companies or cooperatives based in Portugal; (b) Regular trips throughout the applicant’s life to Portugal that prove an effective and lasting connection with Portugal; (c) Have a residence permit for more than one year. This last point is new and will be in force until the new Nationality Law comes into force.
By Dr Eduardo Serra Jorge
|| features@algarveresident.com
Dr Eduardo Serra Jorge is founding member, senior partner and CEO of lawyers firm Eduardo Serra Jorge & Maria José Garcia – Sociedade de Advogados, R.L., created in 1987.
In his column, he addresses legal issues affecting foreign residents in Portugal.
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