Government reinforces requirements on citizenship laws and residence

The Council of Ministers approved four bills on nationality, foreigners, the creation of a borders and immigration unit, and residence permits.

The Minister of the Presidency António Leitão Amaro stressed that "there is a reinforcement of the requirement for an effective tie to the national community that allows attributing political powers to those who are Portuguese" and there is "a clear reinforcement of the requirement and limitations to obtain residence permits for Portugal".

This reinforcement of requirements "is always guided by the respect for the Constitution and humane values" and "mindful of the transformation that occurred during seven years of unruly immigration", he said.

Nationality

The draft bill on Nationality’s main purpose is higher requirements on the effective belonging to the national community, "a genuine, robust, and long-lasting tie" to Portugal. Nationality is what defines the people as a political community with the right to define the laws, those who govern, what path we shall take as a country", the Minister said.

The assignment of nationality to descendants of foreigners residing on national soil is amended; it becomes mandatory for the parents to have resided here leally for three years, and only if they manifest the willingness for the child to be Portuguese.

The assignment of nationality to foreigners who reside on national soil is amended; there is now a seven-year deadline for citizens from Portuguese-speaking countries and ten years for the remainder countries. This deadline starts counting from the moment the residence permit is obtained.

Knowledge of Portuguese language and culture is required.

Sufficient knowledge of the rights and duties of Portuguese citizens and how the country’s politics is organised is required, through testing.

It is required that in the request to become a national citizen, a sworn statement be given as to adhering to the fundamental principles of the democratic rule of law.

People convicted and sentenced with effective prison terms are not naturalised citizens.

The extraordinary scheme for Portuguese Sephardic Jews is terminated.

Nationality through Portuguese ascendancy is restricted, limited up to the great-grandchildren of Portuguese nationals.

Citizens nationalised who commit serious offences and have been sentenced to prison term equal to or greater than five years, decreed by a judge, will have their nationality removed if it was granted in less time than the sentence.

Foreigners

The Law on Foreigners is amended with regard to citizens from the CPLP entering, family reunification, and job-seekers visas.

Visas to enter without a work contract or the promise of one are only available for highly qualified people. The Government will negotiate with the higher education institutions to set up a scheme to attract talent and will set up a special channel for this within the AIMA.

Family reunification (there is a European directive from 2003 that sets obligations and introduces limits) "plays an important role for migrants that benefit from it" and "accelerates integration in the national community", Leitão Amaro remarked.

The rules are tight:

Two years of legal residence are required for this right to be exercised.

The period of reunification on national soil is restricted to minors; anyone of age must request so outside national soil and be subjected to deferral by the Portuguese authorities.

Accommodation must be suitable and means of sustenance suitable also, without including social benefits.

Measures for family integration are required, namely, learning the language and minors are required to attend compulsory schooling.

The requests can be denied for reasons of public order, public safety, and health.

The current tacit acceptance scheme is terminated.

Portugal is bound by the agreement with the CPLP and therefore AIMA does not have to issue an opinion on CPLP visas, but the Internal Security System borders unit will be required to issue an opinion on these visa requests.

The CPLP residence permit request is limited to those who have a residence visa and it is no longer possible to request it on national soil with a tourism visa or visa waiver.

UNEF

The Council also approved the draft bill to set up a Borders and Immigration Unit within the PSP. "Portugal must resume having border police that controls entries, supervises, and returns to their countries those who do not respect the rules", the Minister said.

Lastly, it approved a bill that extends until 15 October the residence permits that have been extended automatically, some since the pandemic, and that end by 20 June, and determine whether are to be renewed if the request is made until that date.