We would like to advise that on 26th January 2024 following the approval of the decree that amends the citizenship law by the Parliament, the President of the Republic has demanded the preventive review of the constitutionality of the mentioned Decree.
The application of the President of the Republic was limited to Article 6 of the Decree. The applicable article is related to pending files regarding the acquisition of nationality from descendants of Portuguese Sephardic Jews. As it was decided that a connection to the Portuguese community would be requested as part of the process, for the pending files, the applicants would have to prove that they either have real estate in Portugal, often travel to Portugal, or are holders of residence permits issued for at least one year.
Please note the current situation involving Israel and Palestine, the President of the Republic be certain of that the creation of additional obstacles to the granting of Portuguese citizenship could be considered an offense against the principle of human dignity, enshrined in Article 1 of the Portuguese Constitution, and even, objectively, against the right to life, protected under Article 24 of the Portuguese Constitution.
The above news item is not directly or indirectly related to the amendments proposed to anticipate counting the five-year deadline for legal residence periods, namely for Golden Visa holders. Thus, this analysis by the Constitutional courts should have no bearing on that stipulation.
As stated the Constitutional Court now has 25 days to decide on the (in)constitutionality of the said article of the Decree. Should the Constitutional Court rule that the article is in breach of the Portuguese Constitution, the President must veto it, and the decree shall be returned to the Parliament for amending. Should the article be believed to obey the Constitution, the President can moreover issue a political veto – which we believe unlikely or publish the decree.
We shall keep all our prospective clients updated on the above update.
Bilimoria & Associate is a leading immigration visa service provider in Chennai and has seamlessly helped thousands of people migrate to different countries. Whether you are looking to build your future in Australia, New Zealand, Canada, the USA, the UK, or Portugal, Bilimoria & Associate will guide you and your family to fulfil your dream to live and work in these countries.
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