The Portuguese government's proposed changes to the law with regard to the right to Portuguese citizenship for the descendants of Sephardic Jews expelled in 1492, arose following the Sephardic Genealogical Society concerns that there was considerable abuse of the laws relating to the Sephardic rights to citizenship in Portugal in relation to a prominent Russian oligarch that the Sephardic Genealogical Society was skeptical as to whether there was a genuine link to the Sephardic Jewish community in Portugal. This cynicism was supported by the fact that the person in question showed a marked reluctance to make public the documentary evidence.
The Sephardic Genealogical Society believed that the laxity surrounding the criteria required for such an application demeaned and reflected unfavourably on the Jewish community in general and particularly those with Sephardic ancestry.
The Portuguese government reacted promptly to strengthen and reinforce the robustness required in connection with the evidence of a Sephardic heritage required to obtain Portuguese citizenship through Sephardic route.
Rute Lourenço an associate in the Porto office commented "the new laws have added new criteria in an attempt to prove a lasting connection to Portugal, such as requirement of a certificate or other probative document relating to the ownership, transmitted mortis causa, of real rights over real estate in Portugal, as well as evidence of shareholdings in commercial or cooperative companies based in Portugal. Also the applicant could demonstrate that they have undertaken regular trips to Portugal throughout their life attesting to a strong connection with Portugal." Rute further mentioned "the original criteria still remain, applicants will still be required to demonstrate evidence of the family heritage deriving from the Portuguese Sephardic community, such as family names, family language and genealogical evidence includinga family name that recalled Sephardic ancestry as well as a range of documentation both drawn from official records such as cemetery records, Brit Milah records, birth, death and marriage certificates."
The new laws will come into effect in September 2022. However, there is still the opportunity to instigate an application for Portuguese citizenship under the previous law which offers the opportunity of providing less challenging evidence.
There is a small window of opportunity to make an application before the new more stringent laws are enacted. Giambrone & Partners' highly experienced immigration lawyers can fast-track assistance for applicants from across the globe with their submission for Portuguese citizenship under the existing laws, whilst they still prevail. As it is possible that there will be volume of applications by individuals attempting to beat the new laws, our lawyers strongly suggest that a family considering this path should make an application as soon as possible as to avoid being timed out before the application can be made as the Authorities may not be able to process all submissions before the new laws are applicable.
Our immigration lawyers will review your application and ensure that your documentation is acceptable and has no errors or omissions that may cause your application to fail.
Rute Lourenço is an associate based in the Porto office.
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