By Nazir Ahmed
On July 23, 2020, the Portuguese parliament passed an amendment to the Nationality Law which allowed Infants born to migrants on Portuguese soil acquire Portuguese citizenship by origin, provided they have resided in the country for a year, or if one parent holds a temporary resident card. The citizenship will automatically be granted if the parents express the desire to obtain nationality on behalf of their children.
Meanwhile, according to the Nationality Law (Law nr. 37/81, of October 3), parents of a child born in Portugal can also apply for Portuguese nationality. It's important to note that the law stipulates a minimum residency period of five years "regardless of the title." This means that even if an individual has stayed in Portugal without a residency title or in an irregular manner, they may still apply for nationality if they can provide documents proving five years of residence in the country.
On the flip side, a significant number of immigrants have waited for over two years to secure a temporary residence permit in Portugal due to the unavailability of appointments. Throughout this period, they were compliant with Portuguese government laws, paying social security and other taxes. Unfortunately, this period will not count towards obtaining Portuguese citizenship. Various communities in Portugal are stressing the need for a modification to Portugal's Nationality Act Law to accommodate such individuals; they should be treated equally to parents of newborns in Portugal.
A petition has been submitted in Parliament by a Brazilian group, Immigrants Committee of Portugal (CIP), requesting a change in the nationality law. The group, following a demonstration in July 2021 to ensure that the process for obtaining the first residence permit proceeds in chronological order, decided to push forward with a petition to expedite the process of obtaining Portuguese nationality.
"I took the initiative to hold a demonstration to request chronological order, and this petition is related to one of the requests: for the counting of time to be accepted from the moment the expression of interest was accepted. We protested, had a meeting with the SEF, and now the SEF is following chronological order and everything, but this pending change in nationality remains. They said it wasn't up to them and that they would analyze the case. And it remains to be analyzed," explains Juliet Cristino to CNN Portugal.
The process of obtaining a residence permit can stretch over several months or even years. "Currently, to acquire nationality, one needs five years of residency. Obtaining a residence permit takes, on average, two to two and a half year. Why does it take so long? Why are we constantly waiting for SEF? SEF never has available slots." And herein lies the main issue. The waiting period for a residence visa does not contribute towards the required five years of "legal residence" mandated by the Portuguese government. "Those two to two and a half years are lost because they aren't factored into the nationality calculation. A person only officially enters the country once they possess a card. Many people have waited for SEF to grant their residency for five years. According to the Ministry of Justice website, only those who "have legally resided in Portugal for at least five years and are over 18 years old (or are legally emancipated)" can obtain Portuguese nationality, meaning anyone who already holds a residence visa.
As a result, immigration groups in Portugal are calling for "the amendment of the Nationality Law, so that the requirement of legal residence in Portuguese territory for at least five years can be counted from the moment the applicant expresses interest in obtaining a residence permit."
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