PANAJI
In a move that comes as a huge setback to many Goans seeking Portuguese passports as a means to get to the United Kingdom or other parts of Europe, the Portuguese parliament has amended the nationality law making it mandatory for those descendents of Portuguese to know ‘Portuguese language’ as a prerequisite for acquiring nationality, among other conditions.
The Seventh amendment to Law No. 37/81 (Nationality Act), (Lei Orgânica Nº. 9/2015, de 29 de Julho) which grants Portuguese citizenship to persons born abroad and who are descendants of Portuguese citizens, now mandates that citizenship can be granted if “existence of effective ties to the national community" can be demonstrated through three conditions -- sufficient knowledge of the Portuguese language, regular contact with Portuguese territory, and absence of any (final) judicial conviction for the practice of a crime punishable under Portuguese law, with imprisonment for 3 years or more.”
The amendment though passed roughly a year ago, “has retroactive effects, meaning that this new provision will also be applied to the grandchildren of Portuguese nationals who were born abroad before the entry into force of the new Act.”
Speaking to The Goan, Dr Teotonio de Souza, a researcher of Indo-Portuguese history said that while a lot of what the law actually meant was unclear given that rules for its implementation are still being discussed, in all probability it would apply to Goans who seek to register their birth in Portugal for the purpose of obtaining nationality.
Also, what is ambiguous is what “regular contact with Portuguese territory” means, with de Souza saying that it would mean “family visits or contact with family members who are in Portugal.”
It is also important to note is that the law is applicable to ‘grandchildren of Portuguese citizens and not necessarily the second generation, who will have original citizenship'.
Dr Gustavo Hofstaetter Tramujas - a lawyer with offices in Lisbon and Brazil and PhD from the Law Faculty of the University of Lisbon, in an online article has said that “the grandchild who wants to apply for citizenship under the new law should keep in mind that he will need to prove that in recent years has maintained regular contacts with Portugal, that is, must show that was several times in Portugal and attended the home of friends, relatives, etc., in short, will have to prove that he kept close contacts with the Portuguese community.”
“Claiming that he/she travelled once to Portugal and which is associated with Portuguese institution in Brazil will not be enough, at least that's what I understand,” he said.
With this and coupled with Brexit news, the lure of Portuguese nationality may no longer be attractive to Goans seeking to settle abroad.
