Portugal approves law that toughens citizenship and affects Brazilians

The Assembly of the Republic of Portugal, the country’s Parliament, approved this Wednesday (1st) a new Nationality Law, with votes from right-wing parties, changing the rules for obtaining citizenship. The measure should directly affect Brazilians who live or intend to live in the country. The text was approved with 152 votes in favor and 64 against and now goes to the cabinet of President António José Seguro, on the left, who will be able to promulgate, veto or send the proposal to the Constitutional Court.

The approval occurred after a political agreement between the right-wing and center-right Social Democratic Party (PSD), Chega, the CDS-PP and the Liberal Initiative. According to statements by the PSD parliamentary leader, Hugo Soares, there were adjustments to the text to facilitate understanding with Chega and guarantee the necessary majority to approve the law.

The new legislation tightens the criteria for obtaining nationality. One of the main changes is the end of the automatic granting of citizenship to children of immigrants born in Portuguese territory. If sanctioned by the president, the award will depend on meeting requirements, such as the parents’ legal residence for at least five years at the time of birth.

Another relevant change directly affects Brazilians. The minimum period of legal residence required for citizens of the Community of Portuguese Speaking Countries (CPLP), including Brazil, and the European Union (EU), increases from five to seven years. For citizens of other countries, the period increases to ten years.

Furthermore, the new text reinforces requirements for naturalization. The law approved by Parliament states that anyone who wants to start the naturalization process must demonstrate knowledge of the Portuguese language, culture, history and national symbols of Portugal, in addition to demonstrating an understanding of the country’s fundamental rights and duties. It will also be necessary to declare adherence to the principles of the democratic rule of law and prove the ability to subsist.

Also according to the text, individuals sentenced to prison sentences equal to or greater than two years, nor those considered a threat to national security, including involvement with terrorism or organized crime, will not be able to obtain Portuguese nationality.

Another point included in the reform provides for the collection of biometric data – such as facial image and fingerprints – to verify identity and analyze requests. The data may be cross-referenced with other official databases.

Left-wing parties, such as the Socialist Party (PS), the Left Bloc, the Portuguese Communist Party and the PAN, voted against the proposal. The PT member indicated that he may evaluate a new request to the STF to analyze whether the changes “respect the Constitution”.

According to Chega’s leader, André Ventura, the agreement represents a “victory” by including additional restrictions and toughening criteria linked to crime. Chega highlighted that there were “compromises on both sides” to make the final text viable.

The new law will not have retroactive effect. As expected, requests already in progress will follow the old rules, while the new requirements will apply to requests made after the legislation comes into force.

The proposal is part of a broader package of changes to the Portuguese government’s migration policy, which also includes changes to the Foreigners Law and measures aimed at controlling immigration.