30 Jan 52 views

Portugal Proposes Citizenship for Stateless Individuals After 3 Years of Residency

Portugal’s green political party, Livre, has proposed granting Portuguese nationality to stateless individuals who have resided in Portugal for at least three years. To qualify, applicants must demonstrate proficiency in the Portuguese language and pose no risk to national security.

Who Would Benefit From This Proposal?

According to the UN Refugee Agency (UNHCR), the law would primarily affect individuals:

Born in former Portuguese colonies who arrived during the wars of independence.
Those who lost Portuguese nationality due to past legal frameworks.
Children and young people who arrived in Portugal without documentation, often unaccompanied by adults.

According to Cláudia Pedrosa, director of the Legal Department of the Portuguese Council for Refugees, most stateless individuals in Portugal originate from Palestine, Iraq, and Western Sahara.

Portugal’s 2023 Law on Stateless Individuals

In 2023, Portugal adopted a law defining stateless persons and granting them access to travel documents and statelessness status. Several sections of the Asylum Act and Immigration Act were revised under Law No. 41/2023, but further legislation is needed to:

Establish a statelessness determination process.
Define legal protections for stateless individuals.
Outline the rights granted upon recognition of statelessness status.

Existing Citizenship Laws for Minors in Portugal

Under Law No. 37/81, published in the Official Gazette, new-born children found in Portuguese territory are presumed to have been born in Portugal unless proven otherwise.

Additionally, Portugal grants citizenship by naturalization to minors born in the country if they meet specific conditions, including:

At least one parent having legally resided in Portugal for five years.
The minor has attended at least one year of pre-school, primary, secondary, or vocational education in Portugal.

If approved, this new proposal would strengthen Portugal’s commitment to protecting stateless individuals, ensuring their full integration into Portuguese society.

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