Portuguese nationality by Sephardic origin

Obtaining Portuguese Nationality through Sephardic Ancestry: A Complete Guide

Throughout history, the Jewish people have suffered oppression and violations of their rights. As a measure of historical reparation, Spain and Portugal have enacted laws allowing descendants of Sephardic Jews to acquire their nationality, regardless of their current residence. While Spain imposed significant obstacles, Portugal offers a more accessible process. This article details Portuguese law, the required documentation, and application timelines.

A Glimpse into the History of the Sephardic People

Sephardi means "Hispania," designating the Jews who inhabited the Iberian Peninsula. In 1492, the Catholic Monarchs ordered their expulsion, leading many to convert to Catholicism or flee. Portugal, initially protective, expelled Sephardic Jews who did not convert in 1497. Currently, both countries have created laws to restore nationality to their descendants. Spain, with Law 12/2015, presented difficulties due to its requirements of Spanish language proficiency and cultural knowledge, in addition to high costs. To learn more about how to acquire Spanish nationality, you can consult our related article. Portugal, on the other hand, with Decree-Law 30A/2015, offers a much simpler and more accessible process. You can find an analysis of Decree-Law 30A/2015 on our blog.

What are the Differences between Spanish and Portuguese Laws?

1. Portugal's Decree-Law 30A/2015 has no expiration date, unlike Spain's Law 12/2015, which ceased to be enforced on October 1, 2019.
2. Portugal's Decree-Law 30A/2015 does not require applicants to take a Portuguese language or culture exam.
3. Applicants do not need to travel to Portugal to sign the declaration of notoriety; this process can be done through a power of attorney.
4. The Decree-Law does not grant citizenship to minor children born before their Sephardic parent obtained Portuguese nationality.

What is the Procedure for Applying for Portuguese Nationality through Sephardic Ancestry?

According to Decree-Law 30A of 2015, a person of Sephardic origin applying for Portuguese nationality must:

• Be of legal age.
• Not have a criminal record of 3 years or more in any country of residence (criminal background check must not be older than 90 days).
• Prove descent from a person of Sephardic origin (Certificate issued by the community of Oporto or Lisbon attesting to Sephardic origin). If you want to know how to prove Sephardic ancestry, consult our article.
• Submit the nationality application to the Portuguese Ministry of Justice, providing:

1. Apostilled birth certificate.
2. Birth certificates or baptismal records of the applicant's parents.
3. Certificate of Sephardic origin.
4. Apostilled and Portuguese-translated criminal background check.
5. Passport copy.

• Proof of payment of the corresponding fees, which amount to €250 (Two Hundred and Fifty Euros); that is, approximately $1,097,000 (One Million Ninety-Seven Thousand Pesos). For more details on how much it costs to obtain Portuguese nationality due to Sephardic origin, visit our blog.

Important:

If the application is not submitted directly by the applicant, a power of attorney must be added to validate the actions of the person in charge of processing the application.

The processing time is estimated between 1 and 2 years, depending on the demand for applications. Once a favorable response is obtained from the Portuguese Ministry of Justice, it is essential to register the birth date in the Portuguese Civil Registry; as well as the issuance of the corresponding passport. If you wish to learn about the procedure for applying for Portuguese nationality in general, we have an article on this topic.

Statistics

According to reports from the Portuguese Foreigners and Borders Service, 41,324 nationality applications were submitted, of which 70% (33,000) were for Sephardic origin, of which 10,000 have already been approved; on the other hand, there are 16% of the procedures for marriage or de facto unions and 9% for children born abroad.

As a result of the above, it has been determined that the largest number of applications for Sephardic origin are submitted from countries such as Brazil and Israel, which have experienced an increase compared to applications submitted in previous years, before the modification of the nationality law in 2015; hence the following distribution was seen for the year 2019:

Simultaneously, the Ministry of Foreign Affairs of the European Union has determined that for 2020, 153,774 nationality applications have been filed in Portugal since the entry into force of Decree-Law 30A of 2015, of which 15,688 were approved worldwide; likewise, in Latin America, Colombia has been the second country with the most applications for nationality through Sephardic origin processed during the period 2015-2020, with a total of 8,388, of which 1,274 received a favorable opinion.

Current Discussion in the Portuguese Parliament

Regarding current Portuguese regulations, various debates have arisen in both the political and social spheres, aiming to determine the feasibility of implementing new conditions for acquiring this country's nationality; according to the proposals submitted, the changes would take effect from January 2022. To stay informed about changes in obtaining Portuguese nationality due to Sephardic origin, you can consult our articles.

According to the aforementioned, it is sought that those interested in acquiring Portuguese citizenship have some link with the country, such as:

• Minimum two-year residence in Portugal.
• Knowledge of the language.

As of April 2021, the bill that would reform the requirements initially established in the legislation on Portuguese nationality is still under consideration.

Advantages of Portuguese Nationality

Finally, it is important to establish some of the benefits of obtaining Portuguese nationality, considering that this country belongs to the European Union. If you are interested in the types of visas you can apply for in Portugal, we invite you to read our article.

• Access to the European Union's education and healthcare systems.
• Freedom of movement for people, goods, and services within the territory.
• Dual nationality (when the country of origin allows it).
• Reside, invest, study, or work in Portugal or any European country.
• The Portuguese passport allows entry to 83 countries without the need for a visa.

In Summary

Thanks to Decree-Law 30A/2015, Colombians with verifiable Sephardic Jewish ancestry have the right to acquire Portuguese nationality by presenting a series of documents. To resolve frequently asked questions about Portuguese nationality due to Sephardic origin, visit our FAQ section.

This process is quite simple and, economically speaking, quite accessible. If you have any questions about the procedures required to obtain Portuguese nationality through Sephardic origin, we can help you. At Servicio Legal, we are experts in Immigration Law and will assist you in every step of acquiring your Portuguese nationality.

Contact us through our website by clicking here.