Portuguese nationality law modifications

The recent Law 1/2024, of March 5 ^th, changed the Nationality Law in Portugal. These modifications enter into force on April, 1^st of 2024.

After the entry into force of the new law, regarding the acquisition of nationality by descendants of Sephardic Jews, this law establishes new cumulative requirements, whereby applicants are required to:

a) Demonstrate a 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;

b) Have legally resided in Portuguese territory for a period of at least three years, consecutive or interpolated.

The certification of the demonstration of a tradition of belonging to a Sephardic community of Portuguese origin, mentioned on a) is subject to final approval by an evaluation committee appointed by the member of the Government responsible for the area of justice, including representatives of the services competent in the matter, researchers or professors at institutions of higher education in Sephardic studies and representatives of Jewish communities with the status of religious legal persons, based in Portugal.

A transitory regime was approved for the processes presented between September 1^st of 2022 and April 1^st of 2024 (date of entry into force of this law).

The applicable regime is based on the demonstration of a 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)    The ownership, transmitted mortis causa, of rights in assets situated in Portugal or shareholdings in commercial or cooperative companies based in Portugal; or

b)    Regular trips throughout the applicant’s life to Portugal which attest to an effective and lasting link to Portugal; or

c)     Holding a residence permit for more than one year.

This regime is more favorable to applicants, since it admits different ways of proving a connection to Portugal (indicating these specific situations as examples of that connection: “as well as”), which we believe increases the chances of success for the applicants who are able to meet these criteria.

If you need more information or want to move forward with nationality application following this transitory regime, please feel free to contact us.