Portuguese nationality via sephardic
As a form of historical reparation, Portuguese legislation, through Law No. 1/2013 and Decree-Law 30-A/2015,began to grant Portuguese nationality, by naturalization, to the descendants of Sephardic Jews, hypothesis provided for in art. Sixth, in one. 7 of the Portuguese Nationality Law, Law No. 37/81.
Sephardic Jews are the descendants of the ancient and traditional Jewish communities of the Iberian Peninsula (Portugal and Spain). From the end of the 15th century the Sephardics began to be persecuted by the State and by the Portuguese and Spanish Inquisition, being forced to convert to Catholicism, under penalty of being expelled from their territory, a fact that led to the escape of thousands of Jews to various countries: Brazil, Venezuela, Colombia, Mexico etc.
Martins Castro Consultoria Internacional has a team of lawyers specialized in portuguese nationality processes via sephardic. The consultancy is also composed of researchers and genealogists, working from the proof of the genealogical bond with Sephardic Jews, through the elaboration of genealogical research, to the instruction, protocol and monitoring of the process before the portuguese authorities.
How to apply for Portuguese nationality?
Step 1: Genealogical Study
After identifying The Jewish-Sephardic descent through the genealogical study carried out by one of our genealogists, the research will be sent to the Israeli Community of Portugal (CIL) or to the Community Israeli port (CIP),competent institutions appointed by the Portuguese Government to assess the documents of the candidate for citizenship.
Step 2: CIL Certification
With the approval of the genealogical study, an official certificatewill be issued, proving the connection to the Jewish community, a document necessary to initiate the procedure of Portuguese nationality in the competent bodies.
In this second stage of the process, our team will guide you on the requirements and documents necessary for good process instruction and avoid delays or rework and monitor the progress of the process.
Step 3: The Conservatory
With cil certification and other documents, martins castro consultoria Internacional’s lawyers file and follow the process. Our lawyers are qualified by the Portuguese Bar Association (OA),specialized in nationality by sephardic route, thus making their application meet all the requirements required by Portuguese law.
I'm a sephardic descendant, am I entitled?
The chances of achieving are great as long as your process is instructed correctly and appropriately.
The legal text, through the expression “can grant”, as we see in the excerpt below, makes it clear that the decision on nationality is discretionary, that is, it may or may not be favorable to the Applicant, depending on the will of the decision-maker.
Art, art. 6, 7 of Law 37/81 (adapted):
“The Government can grant nationality by naturalisation … to the descendants of Portuguese Sephardic Jews (…) “
In this sense, it is up to those who require Portuguese nationality, to understand the decision-making beacons of the Minister of Justice, a public authority responsible for judging those requests for nationality, as determined by art. 7 of Law No. 37/81 and art. 28 of the Regulation of Portuguese Nationality (DL No. 237-A/2006).
Our team of lawyers has extensive experience in sephardic nationality processes, having succeeded in 100 of the applications so far.
Contact us and learn how we can help you get Portuguese citizenship.
Can nationality be rejected?
The law provides for the right and, if there is some diligence, it is important to have legal follow-up.
If the application has any error in a manner or the process is not properly instructed, the Central Registries Conservatise -CRC may reject the application, inanily, as provided for in the arts. 27th and 32nd of DL No. 237-A/2006.
Although not recurrent, the number of preliminary rejection decisions has grown in recent months due to the high volume of applications for nationality received by the Portuguese authorities.
On the merits, the Conservative may issue an opinion in the sense of rejection, a hypothesis in which the applicant will have 20 days to speak out (Art.27, 11 of DL No 237-A/2006) or may request other documents for further analysis of the case (art. 42, 1 of DL No 237-A/2006) ).
In another case, the request may be denied if the Minister of Justice understands that the applicant does not have the necessary requirements to nationalize Portuguese.
The decision may be discussed in the context of administrative appeal or may be the subject of legal action.
We recommend those who have already obtained sephardic certification or those who are in the process of being able to instruct their processes from the beginning of the proper form, so that they can avoid unfavorable decisions during the process.
What documents are needed?
The list, if well oriented, becomes feasible and ensures the deferral and smooth progress of the process.
The documents necessary for the instruction of the nationality procedure by sephardic route are provided for in art. 24, 3 of DL No. 237-A/2006 and, in a complementary way, in sparse legislation.
As determined by art. 42, 1 of DL No 237-A/2006, other documents may be requested by the conservative, in which case the applicant will have a deadline to speak out.
Considering our experience in this kind of process, we recommend that each case be analyzed individually.
Is there a chance of repealing the law in Portugal?
We always suggest that, once the certificate is issued, the nationality procedure will be initiated immediately.
That is a very recurring doubt, which is based on the time limit established by the Spanish order, which since its publication already provided for a deadline for the submission of the application for nationality.
However, in Portugal it was decided not to establish any deadline for the application of sephardic nationality, and until then there is no reason to believe that the Law of Nationality (Law No. 37/81) will be amended or revoked.
In Spain, sephardic nationality was instituted by means of a transitional law, Ley 12/2015 of June 24, which had an initial term of 3 years and may be extended for another 1 year. By resolution of the Council of Ministers, in March 2018, Spain extended until October 1, 2019 the deadline for receipts for application for sephardic nationality.