Clearing up doubts surrounding the Law of Nationalization by Sephardic Origin
AIM Global's General Manager, Caterina Utili, had a lively conversation with Victoria Walsh, host of the Café Plus program on Radio TXS. The discussion focused primarily on Portugal's Decree-Law 30-A/2015, also known as the "Law of Naturalization by Sephardic Origin," which promotes the acquisition of Portuguese nationality by descendants of Sephardic Jews.
This law, enacted in 2015, has not been without controversy at the local level. However, since its last amendment in September 2022, applications for Portuguese nationality based on Sephardic origin have increased, currently exceeding 74. And since only about 300 people have been denied, there is a high probability of success. However, this window of opportunity has an expiration date, as the law expires on December 31 of this year.
“Although in practice that could change,” Utili maintained. “That’s why it’s important for our team to be in Portugal, because our lawyers are kept up to date with all the news, the recurring changes, and the proposed laws that are being introduced daily. For now, it’s said that December 31st would be the deadline to apply, but, again, that could change,” he stated.
Given the most recent political events in Portugal, there could be legislative changes, although nothing is clear at the moment. According to reports IMI DailyWhat would be interrupted is the initiative that sought to end the tax exception regime known as Non-Usually-Frequent Residence or NHR. This regime would remain in effect.
The objective of this “Sephardic law” is to correct a historical debt, by recognizing and restoring to the descendants of the Sephardic Jews who were expelled from the Iberian Peninsula during the Inquisition (1492-1495).
The professional points out that this aspect is important to clarify “since there are people who approach us and say, ‘I don’t have a Portuguese surname, but a Spanish one.’ Indeed, in this case we are not talking about (what is currently) Portugal or Spain, we are talking about the Jews who were originally from the Iberian Peninsula; therefore, it can be a surname like Bravo, which, while not directly related to Portugal, is related to a Sephardic origin from the Iberian Peninsula.”
Regarding the latest update to this law, it is important to emphasize that, in addition to proving Sephardic origin, some effective link to Portugal must also be demonstrated. The lawyers at AIM Global play a crucial role here, having already investigated how this link can be documented.
“Ultimately, the law is not yet fully interpreted,” Caterina clarifies. “However, what this latest update says is that the connection must be demonstrated in two ways: first, by owning or holding rights or property in Portugal; and second, by demonstrating regular travel to the country.”
“These two points, without advice, seem very limiting,” he continues. “But what has been done, and what the lawyers have been investigating, is that if you choose to own property in Portugal, it is suggested that you purchase shares in a Portuguese public company. That is how we try to bridge the gaps and make this paperwork more feasible.”
Another option suggested by AIM Global is to make a donation to the Portuguese Israeli Community. This community, by law, is helping to validate these documents and this Sephardic heritage. "That's how we're trying to help the client; we believe it's very important to have an expert in this process," the professional emphasizes.
The General Manager of AIM Global briefly explains the AIM Global process, which has been divided into 4 stages to make it more viable for the client:
1.- Pre-analysisIt is open to anyone who wishes to know if they have Sephardic ancestry. It is simple, and requires providing information about the client's family line, on both sides. The more information provided, the better, as this allows the genealogist to determine more quickly whether or not it is worthwhile to continue with the genealogical study. This step costs 50 euros.
2.- Genealogical study. This is a more complex stage, involving the study of 500 years of history, and therefore much more expensive, but necessary. It can be done with or without AIM Global, but we recommend our genealogist. It's also important to remember that you don't need to be Jewish, but you do need to demonstrate your lineage, and this study is key to that. Only with this study can you proceed to the third stage.
3.- Postulation before the Portuguese Jewish Community and the Portuguese Civil Registry. These are parallel processes, where, as mentioned, the Jewish Community helps validate the applicant's documentation. If the response from these entities is positive, the process moves to the fourth and final stage.
4.- Registration as a Portuguese citizenAIM Global accompanies the client to this stage, which once completed immediately grants a series of rights such as: living and working in Portugal or any country of the European Union, without the need for excessively bureaucratic procedures, moving freely within the Schengen Area, the right to vote, among others.
If you are interested in determining whether your ancestor had Sephardic ancestry, we are available to assist with the research and process the necessary documentation to support your claim. Please do not hesitate to contact us. get in touch with us.
