I think it’s me. I applied in December 2019. I was caught in the whole COVID cancelation/reschedyle/re-cancel/re-schedule mess. I had a biometrics appointment in 2022. I’ve completed my 5 years since initial application and payment. I’ve served my time. And I honestly want to move to Portugal. To integrate. And maybe some day to live somewhere else in Europe. I’ve lived in Europe off and on over the past 20 years.
I have not passed my language test because I just keep putting it off and life has gotten I the way.
I’m working my butt off to try and pass and get an application in before everything changes,
On the side of the Government and the PSD, there is confidence that, at the end of the day, there will be a new nationality law approved, with sources from the direction of the social democratic bench admitting that it is easier to approve some of the proposals of Chega than those of the PS, a party that they consider intends to reopen a general discussion about the diploma.
Would this impact “early Nationality application filers?” (emphasis is mine)
PSD/CDS-PP… amendments drop what the Constitutional Court deemed an “innovative” interpretive norm in the temporal application clauses, and their explanatory note states that “requirements for access to nationality must be verified at the moment of the application.”
But that language refers to when eligibility criteria must be met, not to when residence counting begins. The revocation of Art 15(4) stands in the PSD/CDS-PP text, meaning the residency clock would start from permit issuance, not from application.
Madalena Monteiro (founder of Liberty Legal) also posits on attempts to ignore waiting time (Jorge Miranda said similar last year). Unfortunately we may have to sue all the way up to the TC to find out if they’re right
Monteiro, however, argued that the revocation may not be dispositive. “In my opinion, even with the removal of Article 15(4), there is margin to interpret the law in a way that the residency clock starts from the date of submission,” she said.
At minimum, she contended, the clock should begin “once the deadline that the public administration has to make the decision, which is currently 90 working days, expires, as long as it’s decided favourably.”
Interpreting the law otherwise “would put all the control on the public administration’s hands” and violate the constitutional principles of equality and human dignity, she argued, noting that two applications submitted on the same day could be approved on different dates through no fault of the applicants.
No idea what the new law will be but appears there will be a new nationality Law. have to assume it will be to our detriment.
PSD and Chega already have an agreement on Nationality Law. “Important step in respect of Portugal”
Less than an hour from the debate, there is white smoke. PSD and Chega reached an agreement to approve the new Nationality Law.
The parliamentary leader of the PSD, Hugo Soares, confirms in Parliament now that the country “will have a new Nationality Law”.
There was an agreement to “supply unconstitutionalities,” he says, regretting that there was no agreement with the PS. “I wanted to recover a discussion that had already happened before the approval of the first law,” he criticizes.
“The proposals in this matter of the PS are similar to those we will present and will be voted on today,” he says, in reference to overcoming unconstitutionalities.
Hugo Soares says that all negotiations imply party-to-party concessions, in “detail changes” and deadlines for the loss of nationality. “We don’t give up any principle.” And he recalls that the first law had already been approved by the same majority, confident that the problems with the TC are thus overcome.
Regarding the crimes that may lead to the loss of nationality, he says that they will apply to the heads of criminal organizations, which seems to him in accordance with constitutional precepts. He also praises the modesty that the PSD had, without discussing the subject in a public square. “Today is a positive day for the country. We tood an important step in respecting Portugal.”
Hugo Soares says that it would be “inconvenient” to present these changes if there was a risk of still including unconstitutionalities. And he assures that no discussion was opened on the allocation of social support to those who ask for nationality, as Chega wanted.
“We are convinced that we responded to the TC.” Hugo Soares says it is normal for these issues to take time, but he has “pride” in the demonstrated capacity for dialogue.
Regarding the agreement for the bodies outside the AR, Hugo Soares returns to take refuge in the “desty” and refuses to make public comments, despite the fact that the final date to deliver lists is already tomorrow and André Ventura has announced that there is an agreement. “We are all still in conversation.”
Assuming it is passed today and is not vetoed or referred to the constitutional court, do we have an estimate of when it will be promulgated or in force?
My wife’s application is in with the lawyer and is waiting on one translation. FML
Wait what, they are voting on a the new nationality law today? Where is the debate for the amendments etc…??? We don’t even know what they are changing.
We don’t know what it will look like, but they have the votes for something to pass. I assume it will include longer residency because that was constitutional from the TC. We don’t know what else.
They will debate it now but something is getting through.
Until this news we were hoping the talks would collapse and they would not get have the votes for anything today.
Hopefully PS will again submit to the TC if they believe the final passage is unconstitutional.
PS warns of unconstitutionalities: “It seems that there are passages of the judgment that they did not read or ignore”
Pedro Delgado Alves, from the PS, accuses the PSD of having in the past validated many of the rules that already existed in the current Nationality Law, adding requirements that were not in the law and moving away from European conventions.
“It summons patriotism all evil,” he accuses. “Instead of calling patriotism around values, it is what allies with nationalism to approve changes.”
“It seems that there are passages from the TC judgment that they did not read or ignored. The problem persists,” he warns. The PS, he recalls, and knowing that it has no majority, tried to “reduce the damage and try that the changes were not so serious and harmful”, trying to get closer to consensus.
“We stood waiting for the bridge waiting for someone to deign” to approach, he says. “They chose to approve with a far-right party.”
It is necessary, he says, to listen to people who are waiting, are integrated and work and who meet the requirements to obtain nationality, but who thanks to this law will have to wait more years.
Nationality Law approved with votes from the right.
It’s official: PSD, Chega, and IL have approved the new Nationality Law, after the Social Democrats and André Ventura’s party reached a new agreement.
The law was opposed by the left and PAN parties, and abstained from by JPP. There were 152 votes in favor, 64 against, and one abstention, meaning it had a qualified majority, or two-thirds of the deputies present.
I think last time it took a couple days to see the final text? My hope is again they went too far and again it will go before the TC either by PS or the President’s referral.
Right approves change in the Penal Code to allow loss of nationality
Parliament also approved, with the votes of right-wing parties, the amendment to the Penal Code that allows the withdrawal of nationality to those who commit certain crimes. The rule, considered unconstitutional by the TC and now improved, had votes against from the left. It was approved with 151 votes in favor and 65 against, that is, a majority of two-thirds of the deputies present.
This time only Chega and CDS applaud standing up.
The PS and the JPP announce that they will deliver explanations of vote on this vote.
My fear is that only the penal code will be referred to TC and not the nationality law. They would have addressed the unconstitutional parts of the nationality law so there is no arguement to refer it again. Unless PS refers new articles from the nationality law…
