Nationality
September
2013
ACQUISITION OF THE PORTUGUESE
NATIONALITY FOR THE DESCENDANTS OF
PORTUGUESE SEPHARDIC JEWS
Through Law nr. 43/2013, of 03 of July,
Portugal started to allow the acquisition
of the Portuguese nationality, for
naturalization, to the descendants of
Portuguese Sephardic Jews, under the
following requirements:
a) either possible to demonstrate the
tradition of belonging to a Sephardic
community of Portuguese origin;
b) that the demonstration of this
tradition becomes on the basis of
proven objective
requirements
of
connection
to
Portugal,
namely,
surnames, familiar idiom direct or
collateral or direct progeny.
The possibility to grant the Portuguese
nationality to the descendants of
Sephardic Jews is accomplished with
dismissal of two requirements that the
law
usually
demanded
for
the
naturalization requests, namely:
a) to have legal residence, for at
least 6 years, in Portugal;
b) to know the Portuguese
language sufficiently.
That is, in the case of the descendants of
Sephardic Jews who intend to obtain
the Portuguese nationality, these are
dismissed to demonstrate that they have
legal residence, for at least 6 years, in
What the new law has enabled is
the acquisition of the Portuguese
nationality by the descendants of
the Portuguese Jews, persecuted
since 1496 and spread around
throughout the World.
Portugal as well as that they know the
Portuguese language sufficiently.
proceed from a common ancestor
(article 1578º of the Civil Code).
However, it’s necessary that the
candidates to obtain the Portuguese
nationality satisfy the other conditions
foreseen in the law, namely:
The kinship is determined for the
generations that tie the relatives one to
the other: each generation forms a
degree, and the series of the degrees
constitutes the kinship line (article 1579º
of the Civil Code).
a) They have that to be over 18 years or
emancipated by the Portuguese law;
b) Not to have been condemned, with
a sentence transited in rem judicatum,
for the practice of punishable crime with
imprisonment of a maximum equal or
superior than 3 years, according to
Portuguese law.
ENTRY INTO FORCE OF THE NEW LAW
This new law will enter into force as soon
as
the
Portuguese
Government
accomplishes the modifications to the
Regulation of the Nationality, what
would have to occur in a deadline of 90
days, that is, up to 3 of October of 2013.
Without prejudice of the regulation that
come to be accomplished by the
Portuguese Government, will matter to
adjust inside the Portuguese law the
other requirements in terms that the
request that come to be made by the
interested parties.
THE DESCENDANTS’ CONCEPT BY THE
PORTUGUESE LAW
In accordance with the Portuguese law,
the descendants are the relatives, in the
direct or collateral line of kinship.
Kinship is the bond that joins two
persons, as a consequence of one of
them to descend of the other or both to
About the kinship lines - that is, the series
of degrees - the article 1580.º of the Civil
Code establishes that
a) the line is straight when one of
the relatives descends of the
other;
b) it is called collateral, when none
of the relatives descends of the
other, but both proceed from a
common ancestor.
The straight line is descendant or
ascendant: descendant, when it is
considered as leaving from the
ascendant for who proceeds of it;
ascendant, when it is considered as
leaving from this to the ancestor.
On the form to compute the degrees of
kindred, the Portuguese law establishes
that in the straight line there are as
many degrees as how many the people
who form the kinship line, excluding the
ancestor.
In its turn, in the collateral line the
degrees are counted for the same form,
going up for one of the branches and
The descendants of Portuguese
Sephardi Jews are all those that may
prove that they are descendants of
such Jews
descending for the other, but without
counting the common ancestor.
Thus, we have as line of direct
descendants of an individual: its children
(1st degree), its grandsons (2nd degree),
its great children (3rd degree), its greatgreat-grandchildren (degree 4), and so
on.
The question of the degree of kindred to
be in straight line or collateral line has
importance for the fact that the
Portuguese law to establishes that,
unless the law disposes in opposite, the
effects of the kinship are produced in
any degree of the straight line and until
the sixth degree of the collateral line
(article 1582º of the Civil Code).
The essential condition for the approval
of the request of attribution of the
Portuguese nationality, will be the
demonstration that ancestor of the
petitioner belonged to a Sephardic
community of Portuguese origin and to
the tradition of such community, on the
basis of proven objective requirements
of connection to Portugal, namely, the
surnames, the familiar idiom and the
proof of direct or collateral progeny.
NECESSARY DOCUMENTS
In terms of necessary documents to
instruct the request for attribution of the
Portuguese nationality, will be necessary
to wait for the regulation of the law.
However, we can consider as base
documents the following:
The essential condition for the
approval of the request of attribution
of the Portuguese nationality, will be
the demonstration that ancestor of the
petitioner belonged to a Sephardic
community of Portuguese origin.
So, it is possible to conclude that, for the
effects of acquisition of the Portuguese
nationality for the descendants of
Portuguese Sephardic Jews, will have
right to the nationality:
•
•
The descendants in the direct
line of Portuguese Sephardic
Jews, in any degree;
The descendants in the collateral
line of the Portuguese Sephardic
Jews, until the sixth degree.
1) Integral birth certificate, translated
and legalized in the Portuguese
consulate of the country where the
same is obtained;
2) Integral copy of the Passport of the
interested party used in the last five
years:
a. The copy must of all the
passport;
b.
It must be notarized;
c. It must be translated and
legalized at the Portuguese
consulate of the country
where the same is obtained
3) Certificate
of
criminal
register
emitted
by
the
Portuguese
competent services, as well as of the
country of the naturalness and the
nationality and the countries where it
has had residence. These certificates
must have less than three months
and will have to be also duly
translated and legalized in the
Portuguese consulate of the country
where the same is obtained;
4) Birth certificates of ancestors, if
possible
until
the
Portuguese
ancestral or to the oldest one;
In order to prove the tradition of
belonging to a Sephardic community of
Portuguese origin, will be advisable that
it is elaborated and presented with the
petition of request of attribution of the
nationality,
a
genealogical
study
elaborated by an expert as well as the
confirmation of the connection to a
Portuguese Sephardic community for a
recognized Jewish institution.
All the documents written in foreign
language will have to be accompanied
of the following translation done or
certified in the legal terms.
The elements that must be referred at
the petition of acquisition of the
Portuguese nationality for naturalization
are the following
•
•
•
•
•
•
•
•
full name,
date of birth,
civil status,
naturalness,
filiation,
nationality,
the place of the current
residence and the one where it
has lived previously,
profession.
The requests will be analysed by the
Ministry of Justice, being the respective
success dependent not only of the
accompaniment that may be done to
the process, but, also, of the credibility
of
presented
documents,
the
genealogical
study
and
the
confirmation that can be made by a
recognized Jewish institution of the
connection a Portuguese Sephardic
community.
DEADLINES
REQUESTS
FOR
PROCESSING
THE
In the deadline of 30 days, counted from
the date of reception, the Conservatory
of the Central Registers must analyse the
process summarily and to proceed to
the preliminary denial, in case that this
does not contain the necessary
elements and documents to the request,
the interested party will be notified of
the bases, disposing for the effect of a
deadline of 20 days to pronouncing
itself.
Not occurring preliminary denial, the
Conservatory of the Central Registers
initiates the instruction of the process
requesting the necessary information to
Judiciary Police Service and the
Foreigners and Border Service (SEF).
Accomplished the consultations, the
Conservatory of the Central Registers
emits its opinion, in the deadline of 45
days, being the process submitted to the
decision of the Minister of Justice, in
case the opinion is favourable to the
pretension of the interested party.
If the opinion will be in the direction of
the denial of the request, the interested
party is notified so that in the deadline of
20 days to pronounce himself.
Passed the foreseen deadline, and after
analysis of the answer of the interested
party, the process is submitted to the
decision of the Minister of Justice.
If the naturalization request will be
rejected, the decision is informed to the
interested party.
The interested party don’t have to
prove
he
possesses
ways
of
subsistence in Portugal.
DIFFERENCE IN RESPECT TO THE SPANISH
LAW
One note for a difference that exists in
respect to the requirements established
for the Portuguese law in respect to the
established in Spain.
In fact, in Spain proof is demanded
where the interested party possesses
ways of subsistence that allow it to live in
the country: employment contract,
participation in societies, information of
the social security or any evidence.
In the Portuguese case, in principle, this
requirement will be moved away,
because the law when dismissing for the
Sephardic Jews the proof that the
petitioner to has legal residence, for 6
years at least, in Portugal, has to
consider that the necessity of proof to
possess ways of subsistence in Portugal
will be moved away.
THE CASE OF THE SPOUSES AND DIVORCE
About the spouses (husband or wife),
the
descendants
of
Portuguese
Sephardic Jews to who comes to be
attributed the Portuguese nationality,
these will be able also to acquire the
Portuguese nationality through the
marriage.
In fact, a married foreigner or that lives
in non-marital partnership with a
Portuguese national he can acquire the
Portuguese nationality if he reunites the
following requirements:
1) To be married for more than
three years or to prove that lives
in
non-marital
partnership,
judicially recognized, for more
than three years;
2) It formulates a declaration of will
to acquire the Portuguese
nationality,
done
in
the
constancy of the matrimony or
the union;
3) It has effective connection to the
national community;
4) He has not been condemned,
with a sentence transited in rem
judicatum, for the practice of
punishable
crime
with
imprisonment of a maximum
equal or superior than three
years, according to Portuguese
law;
5) He has not performed public
function without a predominantly
character or he has not given
not obligatory voluntary military
service at a foreign State.
In the case couple will divorce, after
already have been attributed the
Portuguese nationality to the spouse, he
does not lose it.
the Portuguese
adopter.
nationality
of
the
EFFECTS ABOUT THE ORIGIN NATIONALITY
In the case of the Portuguese Sephardic
Jews to who it comes to be attributed
the nationality, those will be able to
keep its originating nationality.
In fact, Portuguese legislation admits the
plurality of nationalities. Thus, an
individual can be holder of one or more
nationalities.
The acquisition of the Portuguese
nationality can only imply the loss of the
origin nationality, if the legislation of the
country of where it is natural compels to
it by not allowing the plurinationality. In
this in case, it is necessary to resign to
the origin nationality to obtain the
Portuguese nationality.
SITUATION OF THE CHILDREN
About the underage children, or
incapable, of father or mother who
acquires the Portuguese nationality,
those also will be able to acquire it,
through a declaration of that they want
to be Portuguese.
In its turn, if a Sephardic Jew to who
comes to be attributed the Portuguese
nationality adopts a foreign child, this
child
acquires
the
Portuguese
nationality.
Effectively, the fully adopted for a
Portuguese national can acquire the
Portuguese nationality, having the
process to be instructed with proof of
There are not specify responsibilities
that may appear with the acquisition
of
the
Portuguese
nationality,
namely, obligation to pay taxes, to
accomplish military service or to live
in Portugal.
RESPONSIBILITIES THAT APPEAR AT THE
MOMENT OF THE ACQUISITION OF THE
PORTUGUESE NATIONALITY
There are not specify responsibilities that
may appear with the acquisition of the
Portuguese
nationality,
namely,
obligation to pay taxes, to accomplish
military service or to live in Portugal.
In fact, a Sephardic Jew to who comes
to be attributed the Portuguese
nationality does not has to pay taxes in
Portugal, except if he declares to intend
to live in Portugal for fiscal effects, but in
these cases he will always be able to
obtain the statute of non-usual resident.
Effectively, only the residents in Portugal
must pay IRS (Tax on the Income of the
Singular People) on the income gained
in any part of the world. In case they live
in Portugal, but remaining in the country
less than 183 days, will not be
considered as having fiscal residence in
the country and only pays IRS on the
income gained in Portugal.
Equally the person who acquires the
nationality will not be obliged to fulfil
obligatory military service. Since 2003,
Portugal
abolished the
obligatory
military service, passing this to be
optional.
Finally,
the
beneficiaries
of
the
Portuguese nationality in the sequence
of this new law, do not stay obliged to
live in Portugal, starting to have the
same rights of any other Portuguese
citizen.
Braga, 17th September 2013
Nuno Albuquerque
[email protected]
http://pt.linkedin.com/pub/nunoalbuquerque/29/898/527/
www.nadv.pr
The successful outcome of the
application will essentially depend
on the credibility of the documents,
of the genealogical study and of
the certification of the authorities of
the Jewish community.