PS makes new approach to PSD/CDS on review of nationality law

The Socialist Party (PS) has submitted, for the second time, amendments to its own proposals for revising the nationality law, most notably changing a series of deadlines to bring them closer to those advocated by the PSD and CDS. These new PS proposals were announced by Pedro Delgado Alves, vice-president of the Socialist Party (PS), at the beginning of the Constitutional Affairs Committee meeting.

The PS now proposes that those born in Portugal, children of foreigners, can acquire nationality, provided that, at the time of birth, “one of the parents has been legally resident in Portuguese territory for at least two years , if they are a citizen of a Portuguese-speaking country or of the European Union, or three years in other cases”.

The PS's initial proposal was for one year, but the three-year term now advocated by the Socialists is identical to the term initially advocated by the PSD/CDS. However, in the meantime, the PSD and CDS, in revising their own proposals, have increased this term from three to five years – a move closer to Chega by the governing parties.

Another change made by the PS concerns the six-year deadline for obtaining nationality in the case of citizens of Portuguese-speaking countries or the European Union, or nine years in the case of nationals of other countries.

In its initial formulation, the Socialist Party (PS) proposed a five-year period for Portuguese-speaking citizens and citizens of the European Union, and a seven-year period for all others. The PSD and CDS advocated a seven-year period for citizens of Portuguese-speaking countries and the European Union, and a ten-year period for non-EU countries.

Regarding the criminal record requirements for obtaining Portuguese nationality, changes have also been made to the proposals put forward by the Socialist Party. In the new version, the Socialist Party lowers the prison sentence limit for obtaining Portuguese nationality from three to two years. On this point, the Government, PSD, and CDS consider the impediment to a citizen having been "convicted, with a final court decision, with an effective prison sentence, for a crime punishable under Portuguese law."

The Socialist Party (PS) insists on a special regime for Sephardic immigrants, but in the new version, the mandatory residency in Portugal is reduced to six years, compared to five years previously. For third-degree descendants of Portuguese nationals, the PS lowers the bar by imposing the requirement of "legal residence in the national territory for at least five years." Previously, this period was six years.

One of the differences of opinion between the Socialists and the PSD/CDS concerns transitional rules for a set of situations to which the PS believes the current law should apply. The PS initially argued that the current law should apply until December 31, 2026, to individuals who meet the requirements for granting and acquiring nationality. In the new version, the PS agreed to reduce this transitional period to March 31, 2026.