New year, same rights: Portuguese nationality through Sephardic means
The start of a new year is always an invitation to reflect on the steps we have taken and the achievements that are yet to come. In 2025, we want you to move, explore, reach new horizons and take advantage of the benefits of global mobility.
Our commitment goes beyond simplifying processes. We want to be agents of change, connecting you to the benefits that dual citizenship and international investments can offer. In addition, we also clarify the changes that may affect access to the right to Portuguese nationality. Therefore, we begin the year by answering a common question: Did the possibility of applying for nationality for descendants of Sephardic Jews end on December 31, 2024?
In summary:
1 – The changes to the Nationality Law are not in force because the Nationality Regulation has not been changed;
2- The proposed deadline was not included in the final text;
3 – Submission of applications on the online platform does not require proof of residence for 3 years in Portugal;
4 The current Minister of Justice, Rita Alarcão Júdice, has never spoken out on this matter;
5 – The Government, the body that has the power to amend the Portuguese Nationality Regulation, has not even addressed this issue yet.
Current Status:
1 – Lack of regulation: Organic Law No. 1/2024 amended the Nationality Law, but without the necessary regulation, the new requirements (such as those provided for in Article 6(7)) cannot be applied;
2 – Absence of deadlines in the Law: If the term of December 31, 2024 is not included in the legal text, it does not have the force of law. Public statements, such as those of the former Minister of Justice, can guide administrative policies, but they do not have binding legal value if they are not incorporated into a legal or regulatory instrument.
Legal Consequences:
Without regulation, it is not possible to fully implement the new regime. The previous regime remains technically in force for practical purposes until it is repealed or replaced by regulation.
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Understand the technical aspects in detail below:
Organic Law No. 1/2024, of March 5, introduced changes to article 6, no. 7, of the Nationality Law, establishing new requirements for granting Portuguese nationality to descendants of Portuguese Sephardic Jews. Among the changes, legal residence in Portugal for at least three years is now required.
This law came into force on April 1, 2024. However, its practical application depends on specific regulations, which has not yet been published. Without this regulation, the procedures for granting nationality under this special regime cannot be fully implemented.
Regarding the deadline for submitting applications under the previous regime, the Minister of Justice, Catarina Sarmento e Castro (former Minister of Justice of the PS Party), stated, in a speech in the Assembly of the Republic, that the Government proposed the date of December 31, 2024 as the end of the special regime, but this proposal not included in the text of the amendment. Therefore, the news about the end of the special regime of article 6, paragraph 7, of the Nationality Law at the end of 2024 is based solely on this intervention.
It is important to note that, despite the entry into force of Organic Law No. 1/2024, the lack of specific regulation prevents the implementation of the new requirements established. Until this regulation is published, it is not possible to submit new applications under the amended regime.
Therefore, new applications based on a 3-year residence permit will not be accepted until the necessary regulations are published to implement the changes introduced by Organic Law No. 1/2024. To this end, we must take into account articles 6 and 7 of the Organic Law, which provide as follows:
Article 6
Pending orders
Without prejudice to the regime in force until the entry into force of Decree-Law No. 26/2022, of March 18, in relation to applications submitted between September 1, 2022 and the entry into force of this law, the Government may grant nationality by naturalization, with exemption from the requirements provided for in paragraphs b) and c) of No. 1 of article 6 of Law No. 37/81, of October 3, to descendants of Portuguese Sephardic Jews, through demonstration of the tradition of belonging to a Sephardic community of Portuguese origin, based on proven objective requirements of connection to Portugal, namely surnames, family language, direct or collateral descent, as well as:
- a) Ownership, transferred mortis causa, of real rights over real estate located in Portugal, other personal rights of enjoyment or shareholdings in commercial companies or cooperatives headquartered in Portugal; or
- b) The applicant's regular trips to Portugal throughout his/her life, which attest to an effective and lasting connection to Portugal; or
- c) Holding a residence permit for more than one year.
Article 7
Regulation
The Government shall make the necessary changes to the Portuguese Nationality Regulation, approved by Decree-Law No. 237-A/2006 of 14 December, within 90 days of the publication of this law.
Another aspect to take into consideration is the fact that although the IRN website announces that one of the requirements is to have resided in national territory for at least 3 years, it turns out that, When submitting the application on the IRN platform, there is no field that requires documents proving this residence., but rather the evidence set out in article 6, which was transcribed above.
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