I canāt comment on them besides knowing that they are going to be one of the more expensive options to go with.
Anyone know if any of the parties are making the GV an issue this election? And if so, their postion?
What should we expect to hear on this topic in the coming weeks and months? Is it completely dead in the water?
The best case scenario is that the court approves the law and the president promulgated it. Chances that the court approves it and the president vetoes are slim, as he wouldnāt be sending it to the court in the first place.
If the court rejects the law, then the new parliament will need to reevaluate it and correct it. I would say the chances are small, as the right wing will likely not support it.
This is the most realistic scenario.
Isnāt it the case that the court can remove the offending clause and allow the rest of it to pass? Thatās whatās reported elsewhere. The offending clause has nothing to do with GVs but is related to some nomadic people.
Of course, anyone here is sticking their fingers in the wind to guess the outcome but none of us can predict what will happen so we should list all viable possibilities.
@richn4 You can read the procedure here: https://www.tribunalconstitucional.pt/tc/en/jurisdiction.html . They can pronounce on the unconstitutionality of each rule presented to it separately.
If they decide that Article 6 (the one called out) is unconstitutional, however, the procedure returns the whole of the Decree to Parliament so that it can choose a remedy. They can strike the article, after which it goes back through, or they can amend the article (or the whole Decree), at which point things start over. There isnāt a case, at least that I can see, in which it doesnāt get returned to Parliament if they deem any part constitutional. Unless PS wins a majority (with or without the partners that supported this, like PAN), the whole political process starts over with the new Parliament.
The main point of the changes of the Nationality Law was Article 6 - and this is controversial because of a publicised recent history of misuse to achieve nationality - for which all bona fide applicants under that clause could pay the price in the future. [Is this why PSD abstained�]
Article 15, item 4 of the nationality law is not controversial - and was included to redress systemic delays in processing residence applications. Smart, strategic move by the Brasilians. Having been included in the proposed law, it may well stay, and if there are arguments against, it should force a discussion of systemic delays in processing visa applications.
I agree, the downside is that everyone waits (i) for the Constitutional Court to pronounce (end Feb -25 days from it going to the Constitutional Court 26 Jan?), (ii) for the results of the election March 10, and (iii) for dates/agenda for discussion in Parliament should the Court agree that the retrospective component is unconstitutional.
Apologies apart from Subject, I have question related to 7 days stay requirement in Portugal while waiting for Pre-approval . I have paid fee in Aug 2023 and mentally prepared to count many more weeks. But because of new law , do i need comply with 7 days stay rule ?
Please link me to correct thread if my question stupid to ask in this discussion .
You have no stay requirements until you have your residence visa card.
You may want to visit portugal anyway, both because it is nice and to show a connection for citizenship when you apply, though I donāt believe itās strictly necessary.
A lot of us err on the side of caution
Same thing here!
We are still waiting for SEF/AIMA approval after our biometrics in October 2022. Now we hear that this waiting time will count towards naturalization. Thatās great.
But will this time not count because we havent spent time in Portugal during this period? Or the spend-time condition will be waived for this period because it had not been decided that this time will count and hence we did not know we should go to Portugal? Or will we able to spend more time in the next few years to make up for lost time?
By the way most people who chose to litigate got their cases expedited. Are we being punished for being nice and not suing?
From what Iāve read, (the beginning of this thread), the 7/14 is not required until you get your 1st residency card. You may want to look into it as you are farther along than we are at this point.
Waiting time will not count unless the constitutional court and/or the incoming parliament makes it so. The president already declined to sign it tho, so it isnt at all assured.
True. But each year that counts towards your total of 5 years to PR and 6 years to Citizenship comes with the condition that you spend 7 days a year in Portugal. We havent done that for the first year after biometrics because we werent aware that this year would count too. Now, we are well into the second year and still not visiting Portugal because we are not sure whether a visit at this point will or will not matter. So what happens? Does the requirement get waived for this year or do we get to make up for it or what? May be our lawyers can help (if they know). Or perhaps we should just wait for the approval to come through. Hopefully, its wont take too long coming.
Too many questions about this process.
Please read through this thread in its entirety, your questions have been extensively discussed already.
And the 7 day requirement even has its own threadā¦not that every thread isnt a free for all of asking the same questions ā and making the same complaints! ā over and over.
Okay, thanks. Will do.
When the clock starts ticking, I am not 100% sure. I would contact your attorney for clarification.
This is what Iāve been told and what is on the Internetā¦
The minimum stay requirements are 7 days in the first year and 14 days during each of the two subsequent 2-year periods, consecutive or otherwise), while keeping another residence (if desired) in another country.
Condition 7 days/year only counts from the moment when you receive the resident card. Without having the resident cards, 95% of GV applicants (from China India Russia South Africaā¦) do not have the Schengen Access to travel to Portugalā¦