The first draft of the law was approved by Parliament; however, Marcelo Rebelo de Sousa, the President of the Republic at the time, vetoed it, considering it unconstitutional. After having the law denied, the parties worked on another draft, which was approved by António José Seguro, the current President of the Republic.

What was unconstitutional?

The reason why Marcelo Rebelo de Sousa vetoed the law was the loss of nationality as an additional penalty, considering it as possibly unconstitutional. Therefore, the diploma approved by António José Seguro does not include rules that could be considered contrary to the Portuguese Constitution.

President reaction

As previously reported by The Portugal News, in addition to approving the law, Seguro believed that the diploma would be greater if the law were formalised with greater consensus among the political parties. This means the law was only passed by Parliament because it was approved by the right-wing parties, while the left-wing parties opposed it.

How to become Portuguese?

According to the diploma approved, the Portuguese Government will grant Portuguese nationality to citizens aged 18 or older who have resided legally in Portugal for at least 7 years, upon naturalisation from Lusophone countries, and to citizens of European Union countries. Naturalised citizens from third countries must have been legally residing in Portugal for 10 years.

For the nationality to be approved, it is also necessary to demonstrate knowledge of the Portuguese language, culture, and history, including the national symbols (anthem and flag). Those citizens must not have a criminal record of more than 3 years in jail, nor a record of terrorism, violent crime, or being accused of belonging to an organised crime group.

What about children?

Children born in Portugal to foreign parents may be considered Portuguese if one of the parents legally resides in the country for at least 5 years. The Government also asked for proof that the children were attending the mandatory school system.

Aligned with other countries

Portugal is aligned with other European Union rules regarding the attribution of nationality.

For example, in countries like Spain and Italy, a 10-year period of legal residence is also required. In those countries, citizenship at birth is also not automatic, and there are mandatory rules for parents to follow.

The necessity of proving connection with the country is also a very important criterion for countries like Spain, France and Germany. In this case, all countries are focusing on integrating immigrants to enable them to become citizens.

The Portuguese model

With the new Nationality Law, Portugal is adopting a model used in Europe, with a more selective, gradual process for nationality attribution. Besides focusing on integration, the law also shows concern for security, in a context where other European countries are expressing the same concerns.