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DRAFT LAW NO. 173 /X

CHANGES THE LAW OF NATIONALITY

Exhibition of reasons

The allocation of Portuguese citizenship to non-national citizens of one of the States-

members of the European Union, in addition to giving testimony to the recognition of the

Portuguese state that any foreigner deserves to be more of an element of the

national community, on an equal footing with the remaining Portuguese, confers on the

practice, a passport for 25 countries of the European Union, and for all other countries

that dispense with the entry visa to nationals of countries of the European Union. In them,

may such citizens establish permanent or temporary residence, establish

business, search for and obtain work, in accordance with fundamental principles and rules of the

European Union, of long recognized as individual rights of all and every one

of those citizens.

This fact should lead us all to meditate on the importance of domestic policies

of the Member States governing the allocation of citizenship, and of the effects and

consequences that may arise from the rules in which such policies and practices come to

translate.

For the CDS-PP, the acquisition of citizenship by naturalisation is the ultimate step of a

integration (or political inclusion) full of immigrants, so it must necessarily

be preceded by a set of other integration measures, which begin in the

hosting and respective conditions, go through the appropriate insertion into the market of

work, for effective social protection and disease, for the creation of conditions for

progressive inclusion in the community, and by a whole host of other realities and

circumstances, until you reach Portuguese citizenship. Citizenship is a legal bond-

public that links the person to the Nation and the State and so the recognition of that new

status of national must assure you, without conditions or restrictions, a

sustainability, soundness, affective attachment, stability and duration implicit to the

importance of the status that is in question.

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It is clear that some of these steps may fail or lack, so, to the CDS-PP, it seems

absolutely indispensable that a minimum period of time is established

effective residence of the candidate for Portuguese citizens on national territory. Only the

course of this period of time, in the opinion of the underwriters of the present initiative,

will allow to affer from the existence of evidence that full inclusion is a reality of

fact, and that the logical next step is legal recognition, through the

naturalization.

It is undeniable that they gain relief, as factors of inclusion, other realities with relief

legal-public, such as stay permits, work visas, of several

types, student visas and others that come under the law. For counting effects

of time of residence in national territory, however, understand the underwriters that the

law should continue to arrivals to the residence permit, for being the one with more

security, gives testimony to the connection to the community, of the actual residence and not

merely occasional, that is, of the full integration that may justify the granting of the

Portuguese citizenship by naturalisation.

Portugal is part of the European Convention on Nationality, open to signature in

Strasbourg on November 26, 1997 and approved for ratification by the Resolution of the

Assembly of the Republic No. 19/2000 of March 6. Of this Convention are listed

fundamental rules that the states party to the same deemed liable to be

put together, uniformising so, within acceptable limits, the respective

legislations.

The existence of the Convention, however, has not prevented recent legislative changes

in some European countries, at the level of the granting of nationality, which make it more

difficult, and even, pensive. Attest to some examples:

In Austria, the granting of Austrian nationality will become more difficult than

currently, where it is possible to acquire the nationality for the course of 10 years of

legal residence in the country. After the record number of naturalizations reached in 2003, the

Minister of Justice has publicly announced the intention to create a period of proof, the

apply after the minimum period of legal residency mentioned above, and which will consist of the

submission of future citizens to an assessment on certain concrete factors,

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as the domain of language, written and spoken, and the respective financial capacity. Follows-

if a provisional assignment of the nationality for 3 years, and, in the absence of registration

criminal, the ultimate attribution.

In Germany, the generality of foreigners may apply for the assignment of the

nationality after 8 years of residence-in the specific case of the children of foreigners

who reside in Germany and there born (immigrants of 2ª generation) these have to opt

by German nationality between the ages of 18 and 23. For it to be attributed to

German nationality to foreigners residing for the legal period, it is still necessary

which revels in integration into German society, considering the law sufficient evidence to

non-existence of any criminal record, the ability to subsistence, the existence of

a certificate relating to the German language as proof of the requirement of the language, or the provision

of evidence of adequate knowledge of the German language.

In Switzerland, the current law mandates that the minimum residence period is 12 years,

provided that three of those have registered in the last 5, and counting to double the years

passed in the country in the period between the ages of 10 and 20 years of age. In addition to this, it is from

rely on a rigorous and exhaustive naturalization procedure, which involves

federal and cantonal entities. Recently, incidentally, a referendum that dealt with the

introduction of changes that facilitate the naturalisation of second and emigrants ' emigrants

third generations obtained a mostly negative response.

The CDS-PP does not intend to go down that path, however. Instead, it's about

relaxing the acquisition of Portuguese citizenship in accordance with the European Convention

of Nationality.

In what to the acquisition originate concerne, in addition to matching the law of nationality to the

timeliness-they have ceased to exist territories under Portuguese administration-, and to the

requirements of the European Convention on Nationality, eliminating the distinction between

children of foreigners originating in the PALOP's and originating in other countries, admits

likewise:

a) The attribution of citizenship originating, by mere effect of the law, to individuals born

in Portugal, children of a foreign parent or mother, provided that at least one of the

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progenitors here were born and here resida, regardless of the title (emigrants

of 3ª generation);

b) Assignment of the originary nationality, dependent on declaration for the purpose, to the

individuals born in Portugal, children of foreigners, provided that at least one of the

progenitors reside effectively and legally in Portugal for the minimum period of 6 years

(emigrants from 2ª generation).

Already in the case of the supervenient acquisition, it is understood to be necessary to clarify and

consolidate certain requirements, of which, already today, the law makes the granting of the

Portuguese nationality by naturalisation. Thus:

a) It remains the prediction of a minimum period to access citizenship

Portuguese, to be covered in valid residence permit, period such that it is

uniformed for 6 years, regardless of the candidate's place of origin;

b) It remains mandatory for the candidate to substantiate the sufficient domain of the

Portuguese language, specifying that such a voucher shall be made by the

spoken and written form;

c) Similarly, it shall the candidate proceed to the substantiation of the existence of

effective connection to the national community, adding only that such evidence

may be done by any permissible means in law;

d) With respect to the suitability of the candidate for a Portuguese citizen, the CDS understands-

PP that should unify the expected suitability requirements at the headquarters of

naturalisation with those that are provided for the granting of a permit to

permanent residence, given the similitude of the situations;

e) the requirement of proof of subsistence capacity is kept;

f) The suspension of the naturalization process is to be suspended, while proceedings are proceeding-

crime.

The present initiative introduces a requirement in the afferition of these requirements, which us

seem indispensable to the effect. It would not be legitimate, however, that the new law if

apply qua tale to the ongoing processes, which is why it introduces a standard that

exime the pending lawsuits from the application of the new law.

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In these terms, the undersigned MPs present the following draft law:

Article 1º

(Amendment to Law No. 37/81 of October 3)

Articles 1º, 6º, 7º and 9º of Law No. 37/81 of October 3, as amended by Law No. 25/94, of

August 19, by the Decree-Law No. 322-A/2001 of December 14, in the wording given

by Decree-Law 194/2003 of August 23 and by the Organic Law No. 1/2004, of 15 of

January, shall be replaced by the following:

" Article 1º

(...)

1-(...)

a) The children of Portuguese father or Portuguese mother born in Portuguese territory, or in the

foreigner if the Portuguese progenitor there finds himself in the service of the Portuguese state;

b) (...);

c) The individuals born in Portuguese territory, children of foreigners, if at least

one of the progenitors also here has been born and here has residency,

regardless of the title, the time of the birth;

d) The individuals born in Portuguese territory, children of foreigners who do not

find in the service of the respective state, if they declare that they want to be Portuguese and

provided that, at the time of birth, one of the progenitors here resides with title

valid from residence permit for at least 6 years;

e) (current point d).

2-(...)

Article 6º

(...)

1-(...)

a) (...);

b) Residirem in Portuguese territory, with valid title of residence permit there are,

at least 6 years;

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c) We sufficiently know the Portuguese language, spoken and written;

d) Comprove, by any means, to an existence of an effective link to the

national community;

e) (...);

f) (...).

2-The Government may also grant the nationality, by naturalisation, to the minors

born in Portuguese territory, children of foreigners, provided that at the time of the

application, the applicant progenitor and the minor here reside legally there are at least 6

years, respectively, in the following conditions:

a) with dispensation of the requirements of points (a), (c), (d), and (f) and (f) of paragraph 1, when the minor

is aged below 14 years;

b) with dispensation of the requirements of points (a), and (e) and (f) of paragraph 1, when the minor has

age of more than 14 years;

c) With dispensation of the requirements of paragraph 1 (a) and (f), when the minor is of age

higher than 16 years.

3-(current # 2).

Article 7º

(...)

1-The recognition of nationality is carried out by dispatch of the Minister of

Justice, at the request of the person concerned, or, when it is the case, of the surviving spouse or of

descendant, presented within two years of the demise.

2-(current # 3).

Article 9º

(...)

1-(proadmium of the article):

a) (...);

b) The sentencing conviction carried forward on trial, registered during the six years that

background in the formulation of the application, in pity or feathers that, either isolated or cumulatively,

exceed 1 year in prison;

c) (...)

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2-The application for the granting of the nationality by naturalisation suspending itself during the

pendency of criminal proceedings in which the candidate is argued, up to the transit in

trial of the respective sentence ".

Article 2º

(Regulation)

The Government will make the necessary changes to the Regulation of Nationality

Portuguese, approved by the Decree-Law No. 322/82 of August 12, amended by the

Decrees-Law No. 117/93, of April 13, 253/94, of October 20, 37/97, of 31 of

January, and partially repealed by Law No. 33/99 of May 18, within 90 days

to be counted from the publication of this Law.

Article 3º

(Processes pending)

The provisions of this Law shall not apply to proceedings pending on the date of their entry

in force.

Article 4º

(Republication)

Law No. 37/81 of October 3, with the amendments made by this Law, is

republished in attachment.

Article 5º

(Entry into force)

This Law shall come into force with the diploma proceeding to the regulations laid down in the

article 3º.

Palace of S. Bento, October 6, 2005.

The Deputies,