DISCUSSION QUESTIONS
The following questions were collected during the meeting held on October 22, 2022.
Proceedings before the Israelite Community of Lisbon
Are the genealogical reports entered in the CIL for all clients?
Yes, all of our clients’ genealogical reports were entered into the CIL before September 1st. We will inform you in the coming months when pre-approvals, observations or final certificates arrive.
Why have no final CIL certificates been issued in recent months?
It is not clear to us why no final certificates have been issued in the last two months, this has not happened only to Asefarad’s clients. All friendly law firms have made the same observation to us. The ILC has not published anything on the matter either.
We believe it has to do with the resolution of March 18, 2022 in which new requirements for the CIL certificate model were requested.
Is there any possibility that the CIL has lost or misplaced an application and for that reason the certificates are not arriving?
It would be quite rare for CIL to lose the documents. When the genealogical reports are entered into the CIL, they give us a case number for each person, this is the proof that the process is entered, and eventually any question could be asked in relation to that code. The delay in the arrival of final certificates is tied to an internal CIL process and not to particular cases.
Are there new criteria for analyzing genealogical reports by CIL?
No official communication has been sent by the ILC indicating that there will be new criteria for the evaluation of the submitted pedigree reports. Asefarad has received observations within the expected range and these have been resolved for each of our clients.
In the event that we receive observations from a family, Asefarad will keep them informed and may eventually request further documents, especially in the case of recent generations.
Is there any difference in the time taken for the process (more/less) due to the fact of having filed the process in Portugal or Porto?
There is no significant difference in the process, however, each Community has its own particularities. For example, the one in Porto only received applications from observant Jews.
What about people who do not yet have a CIL certificate? Is there any way to know the status with the CIL?
Individuals who have not received their CIL certificate will have to wait for it to be issued, the time this may take is uncertain. Normally, it could take between 6 and 10 months from the time the documents were filed to the time they were obtained, but times have now changed. As soon as this certificate is issued, you will be informed and it will be attached to the documents already submitted to the government.
As to whether there is a way to know the status of the process, the ILC does not usually respond to messages with this type of information. The statuses of the process are: Entered, pre-approved, observations, final certificate, and this information is sent to us via an email that is forwarded to our clients. Unfortunately there is no platform to find this out, as there is in the government.
Are there any known cases of Ecuadorians who have already obtained the final CIL certificate through Martin Jeronimo Chiriboga’s line?
Yes, in fact, at Asefarad we have hundreds of clients who already have their final certificate for this line.
Communiqué of the Israelite Community of Lisbon, June 1, 2022
This is the latest communiqué from the ILC, which can be accessed through its web page or through this link: https://cilisboa.org/media/1163/info_es.pdf.
Proceedings before the Central Registry Conservatory
Have the files of all Asefarad’s clients been filed with the government?
Yes, all documents have been filed before September 1, 2022. In some cases, the criminal records of the countries where they have lived for more than one year and, above all, that they have declared in the form, are still missing. In the coming weeks we will contact each of you to remind you about this process or the pending ones.
What about people who have not yet received the government consultation key. Is it normal? how long should you wait?
While most of our clients already have a government query key, there are a few who do not yet have one. This is normal due to the large volume of applications received before September 1. Even these numbers could take another couple of months to arrive. However, as Asefarad, we will make a timely consultation on your case, awaiting a response from the government.
You will receive an e-mail from Asefarad when the consultation key arrives. If anyone has a question about the key, please contact us.
What does it mean to have the consultation key on the government platform?
People who have their consultation key can verify that their process is registered with the government.
The government reviews your documentation according to the following phases:
1. Receipt of the application, at a registry office, consulate or by mail
2. Registration of the application
3. Consultation with external entities
4. Verification of the documentation submitted
5. Analysis that all the conditions provided by law for granting nationality are met.
6. Decision on the attribution or not of nationality
7. Registration of the new Portuguese citizen in the Portuguese Civil Registry or closure of the case.
In the case of adults, it should currently take between 24 and 29 months from the filing of the nationality application to the final registration of the nationality. That is to say, the total time until receiving the nationality.
Times of each phase:
Approximately 9 to 11 months elapse between the filing of the application and the start of the analysis from preparation, the analysis and related steps usually take 9 to 12 months, and the final decision and registration take 6 to 8 months to complete. These deadlines will be longer if the government requests any additional documents, which is within its administrative power.
Applications from minors, children of a Portuguese father or Portuguese mother and declared directly by the parents, are treated with priority, so the analysis and decision time can take between 2 and 4 months.
These times can be considerably extended due to the number of applications that the Portuguese government has to process.
How long can it take for the government to deliver the nationality resolution from the time the documents are filed?
According to the Conservatory’s website it can take between 24 and 29 months for the nationality resolution to be delivered from the time the documents are filed.
These times can be considerably extended due to the number of applications that the Portuguese government has to process.
If during the government document review process there is an observation, will citizenship be definitively denied or can additional documents of proof be submitted?
According to the government’s analysis scheme, in item 4, “Verification of the submitted documentation” additional documentation of any kind could be requested. The government has full authority to do so. Once the evidence is presented, the government will analyze that the requirements are met in order to proceed with the nationality resolution.
Criminal records from the countries where you have lived and others where the government suspects you have lived, corrections in translations, current passport or identity card documents in case they have expired and the CIL certificate, in case you have not had it done before, may also be requested.
How do you ensure that the final CIL certificate, for those who do not have one, arrives before the start of Stage 4? Until when can it be submitted?
Until you reach stage 4, you have approximately one and a half years. Ideally, this document should be available during this time. Eventually the same could be presented until the end of the process.
It is important for you to know that Asefarad submitted for each of the clients who did not have a final CIL certificate, a letter from our lawyer, the final genealogical report using a QR code, the family tree, the proof of CIL admission and in the case of some families the final certificate of the next of kin. The law clearly states that other means of proof of Sephardic Jewish descent are permitted, and that the government, in case of doubt, shall consult with the nearest Jewish community. In other words, a solid proof of linkage was presented anyway. Naturally, the ideal would be to present the final certificate to the government as soon as we receive it.
Can documents that were delivered to the government expire? Is there a possibility that they could be reordered?
If the government has a question regarding any document, it has the power to ask for it again. We as Asefarad have submitted complete and current files, but the government has the power to inquire into any aspect of the application or the applicant, and request any documents it deems necessary, especially regarding the applicant’s criminal record and birth certificates.
Once stage 7 “finished” is reached, what is the next step?
Once you reach stage 7, the government issues a birth certificate of the applicant with the endorsement of acquisition of Portuguese nationality, from this document, you have the proof that you are a Portuguese citizen and you can process your passport and citizenship card.
This will be notified to Dr. Moura, who is his legal representative in Portugal and will be sent an e-mail in this regard.
Once I have already obtained Portuguese nationality as a holder, what is the process for applying for nationality for spouses and minor children?
Once the holder obtains Portuguese nationality you can immediately apply for their children under 18 years of age and spouses. For each of them, a file will be prepared with a copy of the passport, full and digital birth certificate, criminal record certificate and power of attorney for the Dr. Moura. In due time we will show you step by step.
For people who, due to the change of regulations in March 2022, were able to admit their children and spouses together with the principal, what should they do and how long should they wait for them to receive the nationality as well?
For the time being, they should do nothing. Once they obtain citizenship the process of their dependents will begin in the government. Although it is not known exactly how long it will take to obtain citizenship, it is estimated that it could be between one and two years in addition to the process.
If the main applicant filed the file of his minor children at the same time as his own, but in the course of the process he reaches the age of majority, what happens?
What matters is that the children are minors at the time the documents are filed with the government.
If a person did not submit the file of his or her minor children at the same time as his or her own, and they reach the age of majority, a judicial or administrative appeal should be considered.
If one wants to obtain citizenship for children and spouse, once the principal does so, knowing that the process may still be almost two years away, is there any way to advance any requirements before the government? as a language for example.
Since the documents to be presented to the government for your children or spouse must be current, this should be done once the principal obtains his or her citizenship. Eventually, as a suggestion, and not a requirement, they could learn Portuguese, as this will be assessed at the time of the presentation of the document or eventual interview with the person in charge in the government of your case.
Is it possible to submit the spouse’s documents together with the main file, in order to obtain Portuguese nationality at the same time?
Individuals who have already submitted their files to the Portuguese government can no longer attach documentation for spouses or minor children. They will have to wait until they have their nationality before they can apply. In terms of time, both for people who entered with family members linked to the main file, as well as those who will apply when they already have the nationality, it may take approximately one and a half years more.
Can the government deny citizenship to a person, even if he/she has the CIL certificate?
Generally, if all documentation is in order, including the CIL certificate, the government may only deny processing if the person is related to illegal activities, terrorism or has been sentenced to imprisonment for more than three years. Otherwise, if all requirements are met, there is no reason to deny citizenship.
What obligations are there for people who obtain Portuguese nationality?
Short list of duties as a Portuguese and European citizen:
- Comply with the laws;
- Respect the rights of other individuals;
- To procure one’s own livelihood through work;
- Feeding close relatives who are unable to care for themselves;
- Educate and protect others;
- Protecting nature and community and public assets;
- Cooperate with the authorities.
- Transcription of all data of the applicant’s life in Portugal. If you change your marital status, for example, you must inform the government.
Due to the change in national legislation, is there an estimate of how many applications were received before September 1? What is the impact on the timing of each of the stages and the final obtainment of nationality?
There is no official number of cases received by the Portuguese government of applicants for nationality as descendants of Sephardic Jews, but it is estimated (from the CIL case numbers) that it may be around 150 thousand. In 2021, 72% of applications are for this type of nationality, and it is possible that this year the percentage will have risen.
The time it takes for the government to deliver the nationality resolution will depend on internal and organizational factors in order to resolve each of the applications.
Is there a maximum number of nationalities that the government will deliver? What is the success rate of the process before the government?
The government has not determined a maximum number of nationalities to be surrendered. The success rate is 100% as long as all requirements are met.
Of the cases you have prosecuted, is there anyone who has already obtained citizenship?
No, as Asefarad we do not yet have clients who have received the nationality resolution. And this is mainly because our operation started two years ago and the first customer filed the documents with the government a year and a half ago. However, Dr. Moura, our counterpart in Portugal, is an expert in migration issues and has processed hundreds of nationalities of various types.
Other topics
Once I get my Portuguese nationality, can my relatives, such as a sibling, do the same?
No, only minors and spouses can benefit from the fact that you have obtained citizenship as a principal applicant.
In the event of a change in the law we will notify you. However, there may be other options that allow you and your family to live, study, work or invest in Portugal.
What are the benefits of being Portuguese?
- Free movement within the European Union
- Travel, study or work in any of the 28 countries of the European Union.
- Access to European rights (participation in political life, pension, social security, among others).
- It does not oblige to renounce the nationality of origin (it maintains the rights of its country of origin or residence).
- As a Portuguese national, it is not required to obtain a visa to enter 187 countries.
- Portuguese citizens have free access to all Schengen countries and can participate in free trade, open bank accounts and work or incorporate companies in any EU country.
Those who naturalize receive the same type of passport as native citizens and have the same rights. - There are no minimum stay requirements and Portugal does not apply taxes based on citizenship or wealth.
- When you obtain Portuguese nationality, your children or spouse will be able to access it through a simple procedure.
Is there a probability that in the process we will be asked to have knowledge of the Portuguese language?
Among the requirements to apply for Portuguese nationality for descendants of Sephardic Jews is NOT to have knowledge of the Portuguese language. However, if there are minors who could apply to the process at a later date, it is suggested that they have basic knowledge. It is not mandatory, but it is recommended.
What economic activities are most sought after in Portugal?
In general, sectors related to tourism, catering, real estate, engineering, medicine, among others.
Is it possible to legalize a professional license to practice in Portugal?
Yes, the professional license can be validated in order to practice the profession. This depends on the race.
Can I apply to a university in Portugal as a foreigner until I obtain the nationality for descendants of Sephardic Jews?
Yes, it can be applied. But you must have a student visa.
If you go to Portugal on a student visa, can you work legally?
Yes, under certain conditions.
What do I have to do to practice a profession in Portugal?
For certain careers, the degree must be validated in order to practice medicine, veterinary medicine, dentistry, nursing, physiotherapy, pharmacy, physical education, law, accounting, etc. While others such as Business Administration, Languages, Journalism, Advertising, Marketing, Public Relations, Tourism, Computer Science, etc. are not required.
Does having a tax number or investing in Portugal help in the process of obtaining nationality for descendants of Sephardic Jews?
No, this does not speed up the process, but having a tax number is the first step for all procedures in Portugal.
Is it possible to attach the university record in Portugal to your government file?
Yes, it can be attached to the file submitted to the government. This could be beneficial to the process.