"Because of a controversy, they are changing a historical reparation," says Isabel Comte.
The proposed changes to the Portuguese Nationality Law remain at the center of public debate, even after the Constitutional Court's decision that deemed some provisions unconstitutional. The essential point, however, is that this is a bill still under consideration, which is expected to be vetoed and returned for adjustments, without immediate effects on ongoing applications. In practice, the current rules remain applicable until eventual final approval and promulgation.
According to Diário de Notícias, the increase in the required residency permit period for naturalization by citizens of the CPLP (Community of Portuguese Language Countries), from five to seven years, was not submitted to the preventive review of the Constitutional Court. This means that, if the text is adjusted and approved again, this point is likely to remain in the new legal framework.
Similarly, the proposal also aims to remove the waiting period for a residence permit from the calculation of time relevant to nationality, a period currently affected by administrative delays. Read the full article. on here.
Numbers regarding orders and types of processes.
- Pending orders"They exceed 700,000"
- Weight of applications by residence"Approximately 301 of these applications relate to nationality based on length of residence in Portugal."
- Applications registered with the IRN:
- 2022: Over 124,000 orders
- 2023: more than 85,000
- 2024: more than 86,000
- Weight of the Sephardic route in the stock under analysis."Approximately 30% of the total applications currently under review at the IRN (National Registry Office) relate to descendants of Sephardic Jews."
Source: IRN, as cited in the text.
Isabel Comte's interpretation of the Sephardic regime.
In the interview, lawyer Isabel Comte, consultant at Martins Castro and author of the book Nationality Law – Annotated and Commented, criticizes the shift in political direction that could lead to the end of the regime aimed at descendants of Sephardic Jews, recalling the mechanism's origin as a measure of historical reparation:
“Everyone voted in favor of historical reparations, but because of the controversy involving one person, they altered the entire logic of nationality and now they have remembered to revoke it, because many people who apply for nationality today are covered by this article of the law,” he analyzes.
Concern for children and the risk of statelessness.
Isabel Comte also points to specific concerns about the potential impact of changes in the attribution of nationality to children:
"I would have very much liked the court to have ruled on the children's situation. We are going to create a generation of children here who will be stateless for a large part of their lives; it is a very serious situation."
She links this scenario to administrative malfunctions and argues that the efficiency of the immigration system would be a crucial factor in reducing pressure for stricter laws.
"I think that if we had a more efficient AIMA system, they wouldn't need to be so 'mean,' in quotes, about the Nationality Law," he says.
The Constitutional Court's decision does not, in itself, alter the current rules. The legislative text remains subject to review, a new vote, and promulgation. Until this occurs, requests and strategies should continue to be based on the law in force, paying attention to the ongoing debate and the points that may advance in Parliament.
If you have not yet started your order via the Sephardic route, please fill out the form below:
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