Fourth Amendment Law No. 37/81 Of 3 October (Law Of Nationality)

Original Language Title: Quarta alteração a Lei n.º 37/81, de 3 de Outubro (Lei da Nacionalidade)

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1 DRAFT law No. 173/X changes the LAW of NATIONALITY explanatory memorandum the assignment of Portuguese citizenship to non-national citizens of one of the Member States of the European Union, in addition to giving testimony of Portuguese State that any alien deserves to be one more element of the national community, on an equal footing with the other Portuguese in practice, gives a passport to 25 countries of the European Union, and to all other countries that require entry visas to nationals of countries of the European Union. Them, can these citizens to establish permanent or temporary residence, establish businesses, find and get work, in accordance with fundamental principles and rules of the European Union, long recognized as individual rights of each and every one of those citizens.

This fact should lead us all to meditate on the importance of internal policies of the Member States governing the conferral of citizenship, and the effects and consequences that can result from the rules in that such policies and practices will translate.

For the CDS-PP, the acquisition of citizenship by naturalization is the ultimate step of integration (or inclusion) full of immigrants and should necessarily be preceded by a set of other measures of integration, that start in the host and their conditions, through adequate insertion in the labour market, by effective social protection and disease, by creating conditions for the progressive inclusion in the community , and a whole host of other realities and circumstances, until the Portuguese citizenship. Citizenship is a legal public link that connects the person to the nation and the State and, therefore, the recognition of this new national status should assure you, without conditions or restrictions, sustainability, solidity, stability and lasting emotional connection implied to the importance of the Statute.

2 it is clear that some of these steps may fail or miss, and the CDS-PP, seems absolutely essential to establish a minimum of time of residence the Portuguese citizens effective in national territory. Only during this period of time, in the opinion of the signatories of this initiative, will assess the existence of evidence that the full inclusion is a reality, and that the next logical step is the legal recognition, through naturalization.

It is undeniable that gain relief, inclusion factors, other realities with legal and public relief, such as residence permits, working visas, of various types, student visas and others that come provided for by law. For the purposes of counting time of residence in national territory, however, understand the law subscribers should for anchoring to the residence permit, which, with more security, gives testimony of community connection, the actual residence and not merely casual, i.e. full integration that can justify the granting of Portuguese citizenship through naturalization.

Portugal is part of the European Convention on Nationality, opened for signature in Strasbourg on 26 November 1997 and approved for ratification by resolution of the Assembly of the Republic n° 19/2000, 6 March. Of this Convention set out the fundamental rules that States parties the same considered likely to be pooled, conforming as well, within acceptable limits, their legislation.

The existence of the Convention, however, has not stopped recent legislative changes in some European countries, the granting of nationality, that make it more difficult, and even painful. Note in some examples: In Austria, the Austrian nationality will be more difficult than today, where you can acquire nationality by the course of 10 years of legal residence in the country. After the record number of naturalisations hit in 2003, the Minister of Justice publicly announced the intention to create a trial period, to be applied after the minimum period of legal residence referred to above, and which shall consist of submission of future citizens an assessment on certain specific factors, 3 as the domain of language, written and spoken, and their financial capacity. The following is a provisional assignment of nationality for 3 years, and, in the absence of a criminal record, the definite assignment.

In Germany, most foreigners may apply for conferral of nationality after 8 years of residence-in the specific case of the children of foreigners residing in Germany and there born (2nd generation immigrants) they have to opt for German nationality between 18 and 23 years. To be attributed to German nationality to foreign residents by the legal period, it is still necessary that integration into German society, whereas the law sufficient evidence the absence of any criminal record, the ability of subsistence, the existence of a certificate concerning the German language as evidence of the language requirement, or the provision of evidence of adequate knowledge of the German language.

In Switzerland, the applicable law determines that the minimum residence period is 12 years, since three of these have registered in the last 5, and counting the double last years in the country in the period between 10 and 20 years of age. In addition to this, is to have a rigorous and exhaustive naturalization procedure, which involves federal and cantonal bodies. Recently, moreover, a referendum that focused on the introduction of amendments to facilitate the naturalization of second and third generation immigrants obtained a response mostly negative.

The CDS-PP does not wish to proceed that way, however. Instead, it is to make the acquisition of Portuguese citizenship in accordance with the European Convention on nationality.

In the original acquisition concerns, in addition to fit the law of nationality today – no longer exist territories under Portuguese administration, and the requirements of the European Convention on Nationality, eliminating the distinction between children of foreigners originating in the PALOP's originating in other countries, also: a) the conferral of citizenship originating, for mere effect of law, individuals born in Portugal , children of foreign father or mother, provided that at least one of the 4 parents here was born and resides here, regardless of the title (3rd generation migrants);

(b) Attribution of nationality) originally, dependent on declaration to the effect, to individuals born in Portugal, children of foreigners, provided that at least one of the parents reside effectively and legally in Portugal for a period of at least 6 years (2nd generation immigrants).

Already with regard to supervening acquisition, it is understood to be necessary to clarify and consolidate certain requirements, which, today, the law makes the granting of Portuguese nationality by naturalization. So: a) the forecast of a minimum period for access to Portuguese citizenship, under the cover of valid residence permit, which is uniform for 6 years, irrespective of the place of origin of the applicant; b) remains the obligation of the candidate demonstrate mastery of Portuguese language, specifying that such evidence should be made by the spoken and written form; c) Likewise, should the applicant proceed to the actual binding existence proof of the national community, adding only that such evidence may be made by any means admissible in law; d) as regards the suitability of the candidate for Portuguese citizen, understand the CDS-PP should standardize the suitability requirements for naturalization headquarters with those laid down for the granting of a permanent residence permit, given the similarity of the situations; e) remains the requirement of proof of sustainability; f) the suspension of the naturalization process, while during criminal proceedings.

This initiative introduces a requirement on Scouting these requirements, which are indispensable for this purpose. It would not be legitimate, however, that the new law apply Wed to ongoing processes tale, which introduced a provision that exempts the cases pending the application of new law.

5 Accordingly, the undersigned Members have the following draft law: article 1 (Amendment of law No 37/81 of 3 October) articles 1, 6, 7 and 9 of Act No. 37/81 of 3 October, amended by law No. 25/94, of August 19, by Decree-Law No. 322-A/2001, of 14 December , as amended by Decree-Law 194/2003, of 23 August, and by Law No. 1/2004, of 15 January, are replaced by the following: "article 1 (...)

1 – (...)) the children of Portuguese father or mother born in Portuguese territory Portuguese, or abroad if the Portuguese parent there to meet the Portuguese State; b) (…); c) The individuals born in Portuguese territory, children of foreigners, if at least one of the parents has been born here and also here you have residence, regardless of the title, to the time of the birth; d) The individuals born in Portuguese territory, children of foreigners who are not in the service of their State, declare that they want to be and since, at the time of birth, one of the parents here resides with valid title of residence permit for at least 6 years; e) (now subparagraph (d)). 2 – (…)

Article 6 (...)

1 – (…) a) (…); b) reside in Portuguese territory, with valid residence permit for at least 6 years; 6 c) sufficiently Acquainted Portuguese language, spoken and written; d) Prove, by any means, the existence of an effective link to the national community; e) (…); f) (…). 2 – the Government can also grant nationality through naturalization, to minors born in Portuguese territory, children of foreigners, since, at the time of the request, the requesting parent and the minor here legally for at least 6 years, respectively, under the following conditions: a) with exemption from the requirements of (a)), c), (d)), and) and f) of paragraph 1, when the minor has the age of 14 years; b) with exemption of the requirements of (a)), and) and f) of paragraph 1, when the smallest has over 14 years; c) with exemption from the requirements of (a)) and f) of paragraph 1, when the minor has aged over 16 years. 3 – (now paragraph 2).

Article 7 (...)

1 – the recognition of nationality is made by order of the Minister of Justice, at the request of the person concerned, or, if it is the case, the surviving spouse or descendant, filed within two years after the death. 2-(now paragraph 3).

Article 9 (...)

1 – (introductory article): a) (...); b) the conviction by final judgment, registered during the six years preceding the request, in the formulation of the penalty or penalties which, individually or cumulatively, in excess of 1 year in prison; c) (...) 7 2 – the request for the granting of nationality by naturalization is suspended during the pendency of criminal case in which the applicant is accused, even in transit of their sentence ".

Article 2 (Regulation) the Government shall make the necessary amendments to the rules of Portuguese nationality, approved by Decree-Law No. 322/82, of August 12, as amended by Decree-Law No. 117/93, of 13 April, 253/94, of 20 October, 37/97, 31 January, and partly repealed by law No. 33/99 of 18 may, within 90 days after the publication of this law.

Article 3 (cases pending) the provisions of this law shall not apply to cases pending at the date of its entry into force.

Article 4 (Republication) Law No. 37/81 of 3 October, with the amendments introduced by this law, is republished in annex.

Article 5 (entry into force) this Act shall enter into force with the diploma that proceeding with the regulations provided for in article 3.

Palácio de s. Bento, October 6 2005.