Session Room of the São Bento Palace, the main meeting room of the Assembly of the Republic in Lisbon, Portugal (Esquerda.net/Wikimedia Commons)
LISBON — Changes to Portugal’s nationality laws were approved by Parliament on Tuesday, making it harder for immigrants and their children to acquire Portuguese citizenship.
Among the changes proposed in the new Nationality Law (Lei da Nacionalidade) are longer residency requirements prior to naturalization and a cultural and historical knowledge test. Some versions of the proposal included a controversial clause that would allow authorities to revoke citizenship from individuals convicted of certain crimes, according to Público.
The move comes amid other policy proposals seen as responses to rising immigration in the country. On Oct. 17, Parliament approved a separate proposal that prohibits the use of burqas — full-body garments worn by some Muslim women — in public spaces, Público reported.
The proposals have raised questions among legal experts about their potential unconstitutionality. Both legislative changes have to be approved by the President Marcelo Rebelo de Sousa before becoming law.
What would change
Foreign residents in Portugal previously had to reside for 5 years before becoming eligible to apply for citizenship. Under the new proposal, that period will extend to seven years for citizens of the European Union and of any Portuguese-speaking country, and to 10 years for all others.
Children of immigrants would also be affected. For children born in Portugal to be given citizenship, their parents would have to be legal residents for at least five years. Under current law, they only have to have lived in the country for a year, regardless of legal status.
When applying for citizenship, immigrants would be required to pass additional examinations testing knowledge of culture, political structure, and democratic values. Currently, only a language exam is required.
In addition, “a lack of effective ties to the national community” or “demonstration of behaviours which conclusively and explicitly reject adherence to the national community” would be grounds to reject applications.
Previously, individuals convicted to three years or more in prison were barred from applying for citizenship. Under the proposal, anyone convicted of any prison sentence would become illegible. According to Público Portugal’s far-right party Chega claimed victory over the inclusion of a clause requiring applicants to demonstrate the ability to support themselves financially.
Constitutional Perils
Initially proposed as part of the Nationality Law, the controversial clause that would allow authorities to strip citizenship from certain convicted individuals was not included in the final draft. According to Público, Portugal’s ruling Democratic Alliance (AD) coalition feared the Constitutional Court would reject the law if the clause remained attached. Instead, the clause was separated and submitted as a standalone proposal to amend Portugal’s Penal Code, which Parliament approved on Tuesday.
The previous burqa bill also stirred up controversy, with the Association of Women Jurists labelling it “unconstitutional”, according to Público. The proposal was introduced by Chega and later approved by the right in Parliament. The association stated on Monday that the proposal “blatantly and notoriously questions the right to individual identity and non-discrimination” enshrined in the Constitution, “and directly and clearly contradicts the principle of religious freedom.”
“We are today protecting … your daughters, our daughters, from having to use burqas in this country one day.”
Chega Leader, André Ventura
In its legislative proposal, Chega stated that concealing the face, especially of women, exposes them “to situations of exclusion and inferiority” and is incompatible with principles such as “liberty, equality and human dignity.”
During parliamentary debate, Chega leader André Ventura said: “We are today protecting … your daughters, our daughters, from having to use burqas in this country one day.” Ventura also asserted that anyone arriving in Portugal — “wherever they come from, whatever region they come from, whatever customs and religion they have” — must comply with and respect the country’s customs and values.
Political Analysis
The burqa proposal and the new nationality law highlight Portugal’s growing political fragmentation and broader shift to the right.
Since the 1974 Carnation Revolution, the Socialist Party (PS) has governed for most of Portugal’s democratic era. A decline in public trust for PS and severe corruption scandals are likely to have contributed to their loss in this year’s parliamentary election. The PS won about 22% of votes — roughly the same as Chega — but lost to the center-right AD coalition.
The Social Democratic Party (PSD) and the CDS — People’s Party (CDS-PP), which form the AD coalition, lacked the individual strength to unseat the PS on their own. Even after joining forces, the coalition won the election with only 31% of votes, around eight percent more than the PS and Chega each received. The results underscore growing political fragmentation in the country.
Chega’s populist and reactionary rhetoric has capitalized on this fragmentation. In May’s parliamentary election, Chega secured 60 seats, becoming the country’s second-largest political force.
Portugal’s changing demographics and rise in anti-immigrant sentiment have coincided with Chega’s push for measures such as the Nationality Law, the citizenship-revocation clause, and the burqa ban. As the ruling coalition lacks a parliamentary majority, the government has been forced to collaborate with Chega to pass bills and budgets. These bills likely come as part of that collaboration.
As these bills advance through Parliament and await the President’s approval, Portugal’s rightward turn has become increasingly evident.
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