The Constitutional Court (TC) failed (rejected) some rules of the Nationality Law, which requires the return to Parliament for a new vote on these points declared unconstitutional. However, For immigrants living in Portugal, it is important to understand what “passed”, what “didn’t pass” and also what was not even analyzed and will come into force. As occurred in the Foreigners Law, the DN Brazil explains in this Immigrant Guide.
What the TC did not consider outside the Constitution of the Portuguese Republic:
– The law’s removal of the article that allowed the waiting time for a residence permit to be taken into account when applying for nationality;
– The absence of a transition regime for all these changes, especially those that affect order deadlines.
What is already approved (but not yet in force), as it has not been sent to the TC for analysis:
– The impossibility of requesting Portuguese nationality through babies born in Portugal;
– The requirement of five years of residence with a residence permit for babies born in the country to have the right to Portuguese nationality;
– The increase from five to seven years of residence time with title to have the right to request nationality in the case of citizens of the Community of Portuguese Speaking Countries (CPLP), and ten years for others;
– The end of the special regime for descendants of Sephardic Jews.
What was declared in disagreement with the Constitution:
– Loss of nationality as an additional penalty in some crimes;
– The impediment to obtaining nationality based on “demonstration of behavior that, conclusively and blatantly, rejects membership of the national community, its representative institutions and national symbols”;
– The rule that provided for preventing the nationality of anyone who “has been convicted of committing a crime provided for in Portuguese legislation, with a sentence equal to or greater than 2 (two) years in prison”;
– The rule that prevented obtaining nationality in situations of “manifest fraud”;
– The rule that established that an application for nationality could only be presented when all requirements were met.
Next steps
The Government will readjust the points that were declared unconstitutional by the TC. Right away, will send back to Parliament for a vote only those points declared unconstitutional. It is not necessary to review the entire law, which makes the process faster. In the case of the Foreigners’ Law, the Government managed to approve the new law a few days after the Constitutional Court ruled.
The main delay may occur due to the parliamentary recess during the end of year festivities. The last plenary session is scheduled for December 17th, with a return only in January. Furthermore, in mid-January, there will be at least a week without activities in the Assembly of the Republic due to the presidential elections.
In short, practically, The citizens who will be affected by the changes buy time until the changes come into force. This is the case of those who are about to complete five years of residence or immigrant women who will have babies soon.
amanda.lima@dn.pt