Portugal
Residence and citizenship
This chapter will address national regulation at the level of residence and citizenship participation. It should be remembered that the legislation assumes neutral language by not referring to feminine and masculine. However, legal measures with an eminently gender profile will be highlighted. The regulation considered in the present analysis contemplates the political, social/cultural, and economic/labor fields.
For the issues under discussion on residence and citizenship we highlight two legislative instruments.
Thus, the Law No 23/2007 of 04 July – Entry, stay, exit and banishment of foreigners from the national territory, regulates the subject of residence. This instrument defines the conditions and procedures for entry, stay, exit and banishment of foreign citizens from Portuguese territory, as well as the status of long-term resident.
Portuguese law provides for several types of requests for residence in national territory. General terms are provided in article 77.º. To demonstrate the contents covered in chapters 1, 2 and 3, we will indicate the residence requirements to study in higher education in Portugal. According to article 91 it is necessary that the applicant presents:
- Valid residence visa under the terms of article 77;
- Proof of enrolment in a higher education institution;
- Proof of payment of tuition fees if applicable;
- Means of subsistence;
- Proof of health insurance or registration with the National Health Service;
- Proof of accommodation.
The residence permit is valid for one year, renewable as long as the conditions for granting continue to be met.
The obstacles experienced in this area relate to the complexity of the process and its slowness. The women interviewed referred to the difficulty in obtaining information and consequently having to rely on the support of informal networks such as friends and family.
With regard to citizenship, Law 37/81, of 03 October updated by the Organic Law no. 2/2020, of 10/11 regulates the forms of attribution, acquisition, and loss of nationality. It is known by Nationality Law. The subjects that can apply for nationality are, as a rule:
- Those who are born in Portugal;
- Those who have Portuguese parents or grandparents;
- Those who are married to a Portuguese national;
- Those who have been living legally in Portugal for at least 5 years.
In this last case, foreigners, residents for at least 5 years, must meet the following requirements:
- To be of age or emancipated under Portuguese law;
- They must have sufficient knowledge of the Portuguese language;
- Not to have been convicted of a crime punishable in Portugal with a penalty higher than 3 years of imprisonment;
- Not to constitute a danger or threat to national security, namely through terrorist acts.
In the law, this process is called acquisition of nationality by naturalization (article 6). The State does not exactly have discretionary power in this process. It has a power of legality and is responsible for verifying compliance with the legal requirements. However, in this field there are again complaints about the complexity of the process and delay in responding to requests.
To illustrate this chapter, we propose the analysis of the success story “The migrant female body”. The story is available in https://viw.pixel-online.org/case_view.php?id=MTA=. The story tells us the capacity of a woman capable of performing the migrant role and enhance questions of identity and citizenship participation in her trajectory. For other reasons, the success story "The education of sons and daughters as a life project", available at https://viw.pixel-online.org/case_view.php?id=Mzg=, illustrates the diversity of access routes the regularization of immigrants and access to full citizenship.
References/Online Resources
Report on Naturalisation in Portugal
https://www.om.acm.gov.pt/documents/58428/296070/b+naturalized_pt.pdf/9268c402-7b6e-4fce-b145-a543ebe716d8
The report describes concepts of citizenship through the idea of nationality by naturalization.
Justiça.Gov.PT – Reside legalmente em Portugal há pelo menos 6 anos [Justiça.Gov.PT – Have legally resided in Portugal for at least 6 years]
https://justica.gov.pt/Como-obter-nacionalidade-portuguesa/Reside-legalmente-em-Portugal-ha-pelo-menos-6-anos
The website explains all the necessary requirements to acquire nationality by naturalization.