Since the Portuguese Government submitted in June a proposal to make significant changes in the nationality law, the calls for moderation raised by various sectors, political and non-political, have been mounting.

The criticism is mainly focused on the increase of the minimal required residence period, the possibility of loss of nationality due to criminal behaviour and the differentiation between citizens from Portuguese speaking countries and other nationalities.

Some sectors of civil society and lawyers question the constitutionality and respect for human rights of these changes, arguing that the new law could be a concession to the far right, create discrimination and mischaracterize the identity of Portuguese nationality.

Main points of criticism

Increased residence time

The proposal to extend the time of residence in Portugal to 10 years (or 7 years for Portuguese-speaking countries) is seen as a significant increase in the difficulty of obtaining nationality.

Loss of nationality

The introduction of the possibility of loss of nationality, as an accessory penalty for naturalized citizens convicted of serious crimes (a prison sentence equal to or greater than 5 years.

Constitutional doubts

There are concerns about the constitutionality of equalization of nationality and the creation of different categories of citizens (“first” and “second” citizens), depending on whether they were or were convicted of serious crimes.

Changes to the original nationality

The change in nationality for children of immigrants, which will require three years of legal residence for parents, has also generated criticism for strengthening control and restriction on nationality.

Distortion of the principles of nationality

Critics argue that nationality should be guided by principles of loyalty and identification with the state, and not as a matter of migration control or national security, as the new proposals seem to indicate.

Risks of discrimination

There is a fear that the creation of different residence periods for different nationalities, or the distinction between Portuguese speakers and non-speakers, will result in negative discrimination.

Recent appeals for moderation

In the last few weeks, appeals for moderation have been frequent. Not only from political parties that oppose the current Government and associations of immigrants, but also from Mr. Marques Mendes, one of the top political presidential candidates and who is supported by the Social Democrat Party (where he served before as President), the main political pilar of the current Government.

It is also worth to mention that a Think Tank on immigration (“Consenso Imigração”), whose members include four former High Commissioners and one former Secretary of State, has just presented their opinion on this matter, being the main highlights the following points:

Proposals from Consenso Imigração

• Final law should have large consensus, be balanced and with the most good sense possible, to avoid society being divided on such an important matter.
• No discrimination between applicants from Portuguese speaking countries and from other countries.
• Increase of the minimum period for applying to nationality from 5 to 6 years.
• Nationality should not be an instrumental option for holding a passport from a country that is part of the Schengen zone, but an important step for the integration of immigrants in Portugal.
• Requirement of basic language knowledge but also knowledge of the basic principles of the Portuguese Constitution Law, incorporating a specific exam for those who are over 18 years of age.
• Improve the access to Portuguese Language learning for all immigrants that are not native in Portuguese.
• The loss of nationality for those who were convicted of serious crimes is a point that should be validated or not by the Constitutional Court.
• Finally, the authors also propose the publication of an annual report on the processes of granting nationality, with data well breakdown by applicant’s profile.