Electronic Submission| Nationality

AS Lawyers

Order no. 344/2023 of November 10 was published, regulating the electronic submission of applications and declarations for nationality purposes by lawyers and solicitors.

AS Lawyers

1. Object

1.1 Ministerial Order no. 344/2023, of November 10, regulates the electronic submission of applications and declarations for the purpose of granting, acquiring or losing nationality, by lawyers and solicitors, on behalf of the interested parties, and the consultation of information on the nationality procedure.

1.2 Access to the reserved area of the information system supporting the submission of nationality applications, which is accessible from the digital justice platform, available at https://justica.gov.pt, depends on the user being authenticated using their professional certificate.

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2. Presentation

2.1 Applications and declarations for nationality are submitted electronically by filling in forms, to which the documents that must accompany the application or declaration are attached, in individualized form, in accordance with the procedures and instructions contained in the information system that supports the submission of applications for nationality.

2.2 The information entered on the forms and the attached documents are reflected in a single document which, for all intents and purposes, constitutes the respective application, which is electronically signed using an electronic signature certificate that permanently guarantees the professional status of the signatory.

2.3 The documents accompanying the application or declaration must be in Portable Document Format (PDF), preferably in PDF/A version, and may not exceed 10 MB each.

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3. Consultation

3.1 Applications for nationality submitted electronically are entered on the worklist of the registry office to which they were assigned in the order in which they were submitted, and information on the applications submitted is made available in the reserved area of the information system that supports the submission of applications for nationality.

Suspension of Local Accommodation Licenses

AS Lawyers

New changes to local accommodation (LA) confirm that new LA registrations will be suspended until December 31, 2030, with the exception of zones for rural accommodation and islands.

AS Lawyers

1. Amendment

1.1 The “Mais Habitação” (More Housing) program legislation confirms that the issuance of new LA establishment registrations is suspended until December 31, 2030, “with the exception of zones for rural accommodation, under the terms to be defined by ordinance of the members of the Government responsible for the areas of economy, housing and territorial cohesion” and determining that “it does not apply to the Autonomous Regions”.

1.2 The LA registrations in force on the date of entry of this legislative amendment expire on December 31, 2030 and are renewable for five years from December 31, 2030.

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2. Supervision

2.1 Contrary to what was previously the case, parish councils will now have supervisory powers and will be able to impose fines and ancillary sanctions in relation to LA.

2.2 Parish councils join forces with the Food and Economic Safety Authority (ASAE) and local councils to impose a temporary ban on the operation of local accommodation establishments, in whole or in part, particularly when failure to comply with the applicable legal provisions jeopardizes the safety of users or public health.

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3. Validity

3.1 The registration of an LA establishment will last for five years and renewal will require authorization from the local council.

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4. Condominium

4.1 A Condominium owners can oppose LA in autonomous fractions of buildings or in parts of urban buildings, unless the construction deed provides for this use, the government clarified.

4.2 In the event that the LA activity is carried out in an autonomous fraction of a building or part of an urban building that can be used independently, the condominium owners’ meeting, by resolution of more than half of the permilage of the building, may oppose the exercise of the local accommodation activity in said fraction.

4.3 However, this rule does not apply if the building deed provides for the use of the respective fraction for this purpose or if the condominium meeting has expressly authorized the activity.

4.4 The decision to cancel the registration, which implies the “immediate cessation” of the activity, must be made known by the condominium owners’ meeting to the president of the respective town hall.