Maybe a clogged system will be ok in this circumstance? If the citizenship application isn’t processed for 2-3 years, then when the application is processed, you’re clearly eligible having accrued 5 yrs of residency while waiting. And your application date was before the 10 year rule change.
I wonder if the applications just sit in a pile for 2-3 years or are there processing checks during that time that can result in a denial? A2 language completion would need to be added, somehow, if not completed at time of application.
Seems if the IRN can’t get the verification from AIMA for 2-3 years, there might be hope for early applicants?
And if you’re denied…you’ve got a cumulative 10 years wait anyway after the rule changes. So nothing lost there.
Who knows!
Need to chat with my atty and translate the paper naturalization application to see what is actually requires. Obviously I need to up my language skills:
I’m not sure. I think the first check happens 4-5 months in to make sure the application is complete. That’s before IRN starts confirming your AIMA records and security checks with external sources.
If applying in person, the first check is done on the same day of applying. Missing one document is not accepted by the IRN’s officer. If documents are complete, application will be submitted and an acknowledgement receipt of all documents taken will also be given at the moment of submission.
If we all apply we can possibly get the citizenship application process to take 5 years and everyone in the program now can apply. Very likely we actually only need 3 years or so given that everyone’s cards take at least a couple years to be printed.
But yes, they don’t have much to lose — except that if the law isn’t applied anyway, they may end up waiting longer for the first application to be rejected before they can reapply.
I’m not sure about that. You might be right but I haven’t read anything that says IRN officers have to do a full completeness check on the submission day or that a single missing document means rejection. It might vary from office to office - some will just check your ID, form and payment, others take some steps to make sure it’s complete, even though it’s not mandated. I’m pretty sure the real initial review happens later even if they do some cursory check at the counter, and you can still be asked for more documents later even if your application was accepted in person.
My lawyer also said more documents could be requested during the citizenship application process, ie beyond the initial submission. We were discussing the online process.
If you apply online then ? missing doc or update doc will be ask or rejected Me and my wife apply with enrolment letter of A2 course .which will be complete on 19 Jan. As we both do not have Birth certificate we apply with Affidavit
Only lawyers have access to the online submission portal, and they are required to use it when filing applications for their clients.
As for individuals who have not hired lawyers to submit their citizenship applications, they can apply in person at IRN, or they can submit the application and supporting documents via registered mail. The instructions are provided on the IRN web site.
Regarding the decision of Constitutional Court, it does not say that the requirement of 5 yr could be fulfilled while waiting. The court just has not agreed that eliminated paragraph is a small clarification and has not allowed to change the law for the processes started before the new law becomes in force. It means the Court returns it to the state “the law says nothing about that”, and it is back a sphere of administrative authorities and court decisions. Which is not very optimistic.
I have heard also that application contains some declaration that applicant has already 5 yrs of residence. I could not confirm that, but if it is true in case of early application it would be a false declaration which could lead not only to potential decline but also to small risk without time limit of losing this citizenship if granted as false statement in application is stated directly in the law. Does anybody could confirm if there is such a declaration?
Why don’t you just read the application form for Article 6.1? It’s right there.
Para o efeito, declara que tem residência legal no território português há pelo menos cinco anos; é maior, à face da lei portuguesa; conhece suficientemente a língua portuguesa; nunca foi condenado, com trânsito em julgado da sentença, em pena de
prisão igual ou superior a três anos, por crime punível segundo a lei portuguesa; e não constitui perigo ou ameaça para a segurança ou
a defesa nacional, pelo seu envolvimento em atividades relacionadas com a prática do terrorismo, nos termos da respetiva lei.
That paragraph (actually 2) from Article 7 of the new law which described transitional period. Paragraphs 3 and 4.
Artigo 7.º — Aplicação no tempo
1 — O regime jurídico previsto na presente lei é aplicável aos pedidos de atribuição ou aquisição de nacionalidade portuguesa que se encontrem pendentes à data da entrada em vigor da mesma e aos pedidos que venham a ser apresentados após essa data.
2 — Sem prejuízo do disposto no número anterior, os pedidos que, à data da entrada em vigor da presente lei, não preencham os requisitos legais então exigidos são processados e decididos nos termos da lei que vigora à data da sua apresentação.
3 — O deferimento dos pedidos de atribuição ou aquisição previstos no número anterior depende do preenchimento, à data da sua apresentação, dos requisitos da Lei n.º 37/81, de 3 de outubro, na redação anterior à presente lei.
4 — O disposto no número anterior tem natureza interpretativa.
There are lot of discussions in forums, in which people convince each other that as TC prohibited paragraph 3 (where the government try to “clarify” that all requirements should be fulfilled by the date of application) it means that it is possible to apply now and fix current rules but accumulate 5 yr and get language certificate by the date of decision. People who get passports by residence right now waited on average 3 years. It is very likely that with that madness and lot of incomplete applications it will take about 4 or 5 years for those who apply today. So it is really tempting for many to do such a thing. Even some lawyers tell that story. And I think it is very misleading.
Plus, I think that the processes may be changed. For example IRN could screen fast when assigning the number and decline some incomplete applications e.g. without language certificate.
Ok, but do you disagree with that interpretation? You think TC did not find this paragraph 3 (along with paragraph 4 by the way) unconstitutional in their D.7. ruling?
Just dont tick the declaration that you have 5 years, leave it blank, and send it by mail. That way you aren’t submitting anything that isnt true at the time.