What changes to the nationality law were approved?

It is not yet certain that there will be approval, but deputies approved this Friday (24 October) several changes to the nationality law. However, the vote was taken in a parliamentary committee and, according to the deputies’ statements, there is no agreement between PSD and Chega, which could lead to the law failing when it is voted on in plenary (Tuesday).

However, the first step has been taken and there were concessions and changes made during the discussion of the law itself (such as the loss of nationality as an additional penalty decreed by a judge).

But taking into account that, for there to be a green light, 116 votes are needed in favor, PSD and CDS, which support the Government, are dependent on an agreement with Chega – who simply said that he would “analyze” what resulted from this discussion in the specialty and “decide” accordingly.

What is already known?

In this Friday’s discussion, the PSD and PS did not agree on the changes regarding the number of years needed to proceed with a nationality application. This period increases from five years to seven years in the case of CPLP or EU citizens legally residing in Portugal. In all other cases, the deadline is now ten years.

In order to obtain nationality, It will be necessary to demonstrate knowledge of the Portuguese language, culture and history, as well as national symbols. Furthermore, whoever applies for nationality he may not have been sentenced to a prison sentence of more than two years and will also have to prove that he has means of subsistence in the national territory. This last point was Chega’s red line for approval, with PSD/CDS giving in, and it was the only one that the parties supporting the Government did not fail. Furthermore, all the changes proposed by André Ventura’s party were vetoed.

Conversely, Chega approved the PSD’s proposal for the aforementioned loss of nationality for naturalized citizens who commit crimes. The Social Democrats have always defended that this decision is dependent on the decision of a judge and that changes be made to the Penal Code so that this becomes clear. Despite Ventura’s guarantees that the party would not make it viable in this way, Chega ended up approving the PSD version.

Another of the changes approved by the deputies has to do with the end of the most beneficial regime for descendants of Sephardic Jewsin force since 2015. Even though it did not vote in favor, Chega made it possible for this change to be approved, abstaining. The PS tried to apply the same regime to CPLP and EU citizens (seven years living in national territory), but the PSD did not follow the socialists’ arguments.

Also approved was a change to the grounds that may or may not dictate the attribution of nationality to applicants. The parties on the right approved that Portuguese citizenship should not be granted if there is no “ties of effective connection to the national community” or if there is “behavior that, conclusively and blatantly, rejects membership of the national community, its representative institutions and national symbols”.

What did the parties say?

After discussion in the specialty, the PSD asked for “responsibility” for Tuesday’s vote. “We know well that a qualified majority of 116 deputies is necessary. It is necessary for each one to be aware of what they are going to do at the time of the vote, deciding between not having a legislative device – mainly, those that place such a specific emphasis on the matter of loss of nationality – or having, in fact, effective regulation in accordance with what we have established”, warned António Rodrigues quoted by Lusa, in a message for Chega.

In Entroncamento (where he was for the inauguration of the mayor elected by the party), Chega’s leader, André Ventura, left everything open. “There were some approximations. The PSD put into law this evening that anyone applying for nationality would have to have a means of subsistence. There was an approach here, at several points, there were also approaches to Chega”, he said, noting that there is still no “consensus”.

For the PS, the parliamentary leader, Eurico Brilhante Dias, lamented: “It was our purpose to reach an agreement and, regrettably, this agreement was not possible.” For the socialist deputy, it was important that these changes were agreed between the “two major parties that over the last 50 years have sought to legislate on topics of this sensitivity”.

For the Liberal Initiative, it was former leader Rui Rocha who reacted. Starting by highlighting that, in the “essential point” of the law (the increase in residence periods to obtain nationality), there was a “huge approximation” between PSD, Chega, PS and IL. Still, and taking into account the uncertainty regarding the vote, he left a question for Chega: “Do you want a law that extends the deadline or maintain the current and worse solution?”

Deputy Paulo Muacho, from Livre, considered that the changes introduced are in some cases marked by “arbitrariness” and raised doubts about constitutionality regarding the loss of nationality acquired for crimes committed. “This process started badly. The PSD said it spoke to the parties, but there was no dialogue with Livre. It only happened with the PS and Chega”, he stressed.

In turn, the parliamentary leader of the PCP, Paula Santos, declared that the country is facing proposals that constitute “a change for the worse, which means a step backwards”, creating the figure of “first and second class citizens”.

Identical position on the difference in treatment for those who acquire golden visas and immigrants working in Portugal was expressed at the beginning of the meeting by the coordinator of the Bloco de Esquerda Mariana Mortágua.

With Lusa