Nationality for descendants of Sephardic Jews to end in December
The deadline for descendants of Portuguese Sephardic Jews to apply for nationality under the current regime is December of this year, as the Government considers that the law has fulfilled its aim of historical reparation.
The proposed legislation, currently under consideration in the Portuguese Parliament, aims to amend the nationality law by repealing the provision that allows the government to grant nationality to descendants of Portuguese Sephardic Jews through naturalisation. This amendment, set to take effect on 1st January 2024, would remove the requirement for objective proof of connection to Portugal, such as surnames, family language, or lineage.
The proposed diploma stipulates that this revocation will not affect the consideration of requests for Portuguese nationality submitted until 31st December 2023.
The executive justifies the proposal to establish a time limit for the exception regime for descendants of Sephardic Jews of Portuguese origin, arguing that no historical reparation regime should be permanent. Similar to Spain's limited application regime, which had rigorous requirements for granting Spanish nationality to Sephardic Jewish descendants, the Portuguese government proposes a similar approach to ensure the effectiveness of the current regime for a limited time period, as stated in the explanatory memorandum of the proposed legislation.
The proposed legislation notes that the 2013 changes to the nationality law enabled the acquisition of Portuguese nationality through naturalisation for descendants of Sephardic Jews of Portuguese origin who were expelled from Portugal in the late 15th century. This provision waived the typical requirements of residency in Portugal and proficiency in the Portuguese language.
"The purpose of this regime was to address historical persecutions suffered by the Jewish community since the reign of King Manuel I, by providing an opportunity for descendants of Jews who were expelled or fled the Inquisition to reconnect with their Portuguese heritage. This regime allowed the return of eligible individuals to the Portuguese community, provided that they could demonstrate their objective connection to a Sephardic community of Portuguese origin," as stated in the recall of the proposed legislation.
As per the Government's statement, approximately 140,000 requests for naturalisation were submitted by the end of 2021, and roughly 57,000 descendants were granted Portuguese nationality.
"Since 2017, there has been a significant surge in the number of naturalisation applications, with the trend further accelerated by the repeal of a similar regime in Spain in 2019. The number of annual applications has increased from around 7,000 in 2017 to over 50,000 in 2021, representing 72% of the total applications for Portuguese nationality by naturalisation," according to the government's statement.
"The Government has observed a rise in naturalisation requests from family members of citizens who have already obtained Portuguese nationality, and the majority of those naturalised do not reside in or have any significant connection to Portugal. This development is contrary to the original intent of the scheme, which aimed to establish a connection between eligible individuals and their Portuguese heritage," as noted by the government.
"According to public reports, the current regime has led to a rise in the number of companies that use aggressive advertising tactics to attract potential candidates for naturalisation. These companies highlight the benefits of obtaining an EU passport, which allows visa-free travel to most countries worldwide," further notes the executive.
"The Government deems it is necessary to introduce a requirement in the Nationality Law that mandates descendants of Sephardic Jews to have a current and effective connection with Portugal. This connection must be demonstrated at the time of application, including a connection with the country and its national community. The proposed legislation includes additional requirements that align with existing regulations," as stated by the Government.
"Additionally, the Government notes that Portugal is currently the only country to provide a naturalisation system solely based on the distant descent of Sephardic Jews who were expelled over five centuries ago from the Iberian Peninsula. This system has been in effect for seven years and is considered to have achieved the intended purpose of historical repair outlined in the 2013 law," as specified by the Government.
Source: Lusa
