These are some of the amendments proposed by Iniciativa Liberal and Livre to the government’s initiative to revise nationality law, adding to those from PSD/CDS and PS. These amendments will be debated and voted on Wednesday in the Committee on Constitutional Affairs.
Iniciativa Liberal seeks to establish a 10-year period for all individuals to acquire nationality, eliminating positive discrimination, which currently allows a seven-year period for citizens of the European Union and Portuguese-speaking countries.
However, they concede to a shorter seven-year period if the applicant fulfills additional criteria related to language and culture, in addition to meeting the general 10-year rule.
“To know deeply the Portuguese language and culture; to understand fully the fundamental rights and duties pertaining to Portuguese nationality and the state’s political organization,” is specified.
Subsequently, a note applies to citizens from Portuguese-speaking countries: “The knowledge of Portuguese language mentioned (…) is presumed for applicants who are native to countries with Portuguese as an official language.”
Additionally, Liberal Initiative requests a rule that suspends the procedure to acquire nationality if the applicant is involved in an ongoing criminal process punishable by five or more years of imprisonment according to Portuguese law, until a final sentence is rendered.
In case of acquittal with a final verdict, “the applicant has the right to count the suspension time towards acquiring nationality by effect of will,” it is added.
Meanwhile, Livre wants Portuguese nationality to be granted to children born in Portugal to refugee parents in cases where acquiring nationality from either parent is not viable.
Livre also proposes a new article, requiring the government to “grant Portuguese nationality to refugees and beneficiaries of subsidiary protection recognized by asylum law, residing legally in Portugal for at least four years, regardless of the title.”
Among other changes, Livre seeks to alter the requirements set by PSD/CDS for acquiring nationality concerning the knowledge of principles related to the Portuguese State, specifically by creating a commission.
For Livre, “the way of assessing knowledge of the principles, fundamental rights, and duties enshrined in the Constitution is defined by an independent and multidisciplinary commission.”
Additionally, the government is obligated to annually hold “a public ceremony celebrating Portuguese culture, symbolically and optionally for people who acquired nationality that year.”
Like PS, Livre also aims to remove the penalty of losing Portuguese nationality due to crimes committed—a set of norms raising constitutional doubts, which following amendments by PSD and CDS, have moved from nationality law to a separate proposal for reviewing the Penal Code.
