Portugal’s Parliament approved yesterday a new Nationality Law in a plenary session marked by a last-minute agreement between the centre-right PSD and the far-right Chega. The decree was passed in a final global vote with 152 votes in favour, 64 against, and one abstention, surpassing the absolute majority of 116 votes required for an organic law.

Shortly before the debate began in Parliament, PSD’s parliamentary leader, Hugo Soares, announced that the Social Democrats had reached an agreement with Chega to secure the approval of the new decree. Soares stated the process had been guided “in accordance with what was also the request of the Constitutional Court, addressing the unconstitutionalities.”

Unable to reach an agreement with the Socialist Party, PSD ultimately closed a deal with Chega, announced on Wednesday following inter-party talks. Soares expressed confidence in the final text and ruled out the possibility of the law being struck down again by the Constitutional Court.

The debate was marked by sharp political divisions. From declarations of patriotism versus nationalism to accusations of “judicial activism” directed at the Constitutional Court, the dividing line between the parliamentary left and right was clearly on display throughout the session.

What Changes Under the New Law

Children born in Portugal will only be recognised as Portuguese after living in the country for five years, and foreign parents of children born in Portugal have lost the right to apply for citizenship based on parenthood.

Children born in Portugal whose parents are foreigners will only be granted nationality if one of the parents has held legal residency for at least three years.

Furthermore, foreign nationals from Portuguese-speaking countries and EU countries will now need to prove seven years of residency, up from the previous five, to apply for Portuguese citizenship. All other foreign nationals will need ten years of residency to apply for citizenship.

Parliament also examined amendments to the Penal Code, introducing the possibility of loss of nationality as an accessory penalty. Under this provision, a judge may apply the loss of nationality to anyone convicted of a prison sentence of five or more years for crimes considered very serious.

Proposals for transitional rules protecting those who had already acquired the right to citizenship but had not yet formally submitted their applications were not approved.

It is important to stress that even if this new law is finally approved and published in the Official Gazette, foreigners can still apply for permanent residency only five years after obtaining their first residency card. The only material difference between a Portuguese citizen and a permanent resident is that the former can vote in all Portuguese elections, while the latter is not allowed to vote in most elections held in Portugal.

Background: The Constitutional Court’s Veto

The original decree, approved in October last year by PSD/CDS-PP, Chega, IL and JPP, was sent back to Parliament after the Constitutional Court identified unconstitutional provisions in four parts of the legislation. The revised version was specifically drafted to address those legal shortcomings.

What Happens Next

The newly approved text will now be sent to the President. António José Seguro may choose to promulgate, veto, or refer it for a new constitutional review.

The President, who only took office following the January and February elections, is affiliated with the Socialist Party, which opposed the decree and raised potential constitutional concerns.

It would not be surprising if the President vetoes the law or sends it to the Constitutional Court. However, even if Seguro vetoes the law, Parliament can override the veto with an absolute majority of all members.

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