Portuguese citizenship

The President of the Republic requested a review of the constitutionality of the decree-law amending the citizenship law, on January 26, unrelated to the proposed adjustment of the calendar. This Decree was previously approved by the Assembly of the Republic.

The President's inquiry explicitly targeted Article 6 of the Decree, addressing pending cases of acquisition of nationality by descendants of Portuguese Sephardic Jews. After the modifications, applicants will have to demonstrate their eligibility by proving a relationship with the Portuguese community through real estate ownership, frequent visits to the country or, in the case of pending cases, the possession of residence permits valid for at least one year. Taking into account the current situation between Israel and Palestine, the President considers that adding more requirements for obtaining Portuguese citizenship can be interpreted as a violation of the principle of human dignity.

The President's investigation did not focus on any examination of other articles of the decree, namely the changes that were suggested to account for the five-year period for the legal duration of residence, including for Golden Visa holders.

This review of constitutionality is independent of the approval of an addendum to the clause that regulates the acquisition of Portuguese citizenship through a legal residence of five years. However, one noteworthy change is that the counting period for periods of legal residence is changed to begin at the time the temporary residence permit is applied for.

The Portuguese Constitutional Court now has 25 days to rule on the constitutionality or unconstitutionality of Article 6 of the decree. The President will have to veto the decree and it will be returned to Parliament for review if the Constitutional Court considers that the rule violates the Portuguese Constitution. The president may issue the decree or exercise a political veto if the article is found to be in conformity with the Constitution.