Jewish American Heritage Month

Posted By admin on February 7, 2021

By: Meyer Harroch

New York Jewish Travel Guide sat down with Ms. Rita Mayer Jardim, Attorney at Mayer Jardim, to ask a few questions about Portuguese Citizenship for descendants of Sephardi Jews. The following interview was edited for clarity:

NYJTG: Thank you for this opportunity to meet with you. Can you tell us about yourself and how you became interested in working in this specific area and why?

Rita Mayer Jardim: I studied law in Portugal and I then completed my studies in International Human Rights Law at Oxford University. I think it was the Human Rights law angle that slowly led me to Citizenship law. I was working in the London law firm Mishcon de Reya when this law was approved and I immediately when this law was approved, I felt I wanted to be part of what I think is history, to play a very small part but to play something and to be doing something I believe is meaningful for many reasons.

So from the moment the law came into force when it was possible to apply, I started working on these applications, in the beginning not really knowing, because there were no precedents, there was no track record I could use, which was also the appeal of this. I had to find my way around. How do you prove so many different family histories that they connect to this Sephardic anchor which could be very far in the past, or very recent, everything was so different, and its the diversity of these cases that Im most interested in? There are geographical diversity and historical diversity in all these applications. Its not just legal work you have to enjoy the historical elements which play a big role.

Since early 2015, I started working on applications and I feel I have traveled the world of the Sephardic diaspora. I still have many places to go to mentally, but Ive covered an interesting amount of stories and geographies and times.

NYJTG: These cases are all over from all over the world. Can you share with us one or two interesting and rewarding cases you have worked on?

Rita Mayer Jardim: They are and of course once you start working with a given community, a given family, a given environment, you tend to grow exponentially within that area or geography. My first case was with the South African citizen, a Sephardic Jew, whose grandparents had lived in Rhodes and he also had connections to Izmir and Salonika. That was the first one. He was the first South African citizen to become Portuguese through this law. That was my first case.

The second one was a US citizen, the one whose ancestor he discovered to his surprise was the founder of the Savannah congregation. At the time his ancestor was one of the first colonial settlers. This case was extraordinary and I didnt have anything so extraordinary since, I think since Ive started, in the sense that through a genealogy study, we were led to the inquisition procedure of this mans ancestors. It evolved from that. There are lots of other geographies which have grown immensely.

Brazil is one of those. Currently, I think, leading the applications are Brazilians who trace their ancestors to the time when Portugal colonized Brazil. These are Brazilians whose families settled in Brazil 400 years ago, and whose ancestors were Converso, the New Christians.

Then I have some applicants from Israel of course, it became also an area of focus. I go to Israel frequently and in Israel, its a very well known law. Theres a lot of interest from Israeli citizens and then a few bits in every other different country, including people of Moroccan descent, Syrian descent, etc, with a current day connection to Israel. Finally, I have applicants from the Netherlands, the UK, and other European countries which dont really need to apply in the sense that they already have European citizenship. If its a Dutch citizen, it would be in a sense redundant, but its not because motivations vary.

NYJTG: Even in England with the Brexit situation, there are people with Sephardic ancestry who are applying for the Portuguese Citizenship, correct?

Rita Mayer Jardim: It is absolutely true. Its not the numbers that sometimes people say, there is no flood, no, but its true they are applying. They dont do want to lose their European identity. Its also a question of identity. Its a statement, We are European. And its also a practical matter of, I want to work like I always worked, with no boundaries, no borders in Europe. I want to travel, I want to study, I want to be part of a community I always felt a member of.

So yes, theres an increase in applications. Relatively speaking, its not a significant amount, but I think its expressive because of the background.

NYJTG: Of course, one of the things is that theres a growing interest in Portuguese citizenship and the Sephardi Jew. How easy is it to obtain one? How long does it take? Who is eligible to apply? And what are some of the requirements, basically what is the process?

Rita Mayer Jardim: The process is comprised of two stages. First, you need to convince one of the Jewish communities of Portugal that you have a tradition of belonging to a Sephardic community of Portuguese origin. Portuguese as understood in the wider sense of Iberian origin. Once you have convinced one of those communities, you will receive a certificate that says, You meet the requirements for citizenship under this law, with your family tree on the back.

That is a process that is taking around two months. It can be more or less complicated, easier or harder depending on your personal circumstances and your family history and the origin geographically for your family, and your current circumstances. Each case is different, but around two months is the average of the processing of that request.

The next stage is the application for citizenship which is addressed to the Ministry of Justice of Portugal. This is a bureaucratic process that is currently taking around two years. It started as something as quick as six months. My first application was decided, with a passport in the hand of my client, in six months. Its no longer the case because of the number of requests that every day, every week, just pile up. That has a tendency to increase especially due to the expected ending of the Spanish similar law, which is only similar in the sense that you need proving you have a Sephardic heritage. But in Spain, you also need to prove you know Spanish, and also that you know the Spanish constitution, values, and culture. You take two tests. Portugal has no such tests.

Also, in addition, you need to physically go to Spain and I think to meet with a notary. In Portugal, the process is easier in the sense of theres no expense or time required to go to Portugal, even if new citizens always tend to end up visiting, but its not mandatory. For some, it is the first time they go to Portugal and its usually a very good surprise.

But the fact that the Spanish law is more difficult, more onerous, both in terms of cost and time, means that the Portuguese number of applications continues to increase. The Portuguese law was not approved with an expiry date in mind. It was considered at the time when the law was being developed, whether there should be a limitation on this and the Portuguese government and Parliament decided, and rightly so, that there shouldnt be a limitation to a right. If this is a right, theres no logic in assigning it a timeframe for this. Portugal is dealing with a huge influx of requests, which means that you should consider at least two years until you have your birth certificate, the registration as a naturalized citizen, which then allows you to have your passport done in any Portuguese consulate or in Portugal.

NYJTG: So they dont have to come to Portugal?

Rita Mayer Jardim: No, they should because they will love it, but its not mandatory. Its not a requirement. Everything is done remotely by a power of attorney. When you hire a lawyer, documents are sent by courier. The first stage doesnt have formalities in terms of legalization. The second stage requires proving a very important requirement, that the person is free of criminal records so a formal document needs to be provided to prove that. There is discretion for the Ministry of Justice, there is freedom to decide whether to grant or not, just because technically the law was drafted as an option the Portuguese government. But there have been no refusals except on the basis of a criminal record, that, of course, is an impediment to citizenship. It takes a little bit of time, however slowly but surely you get to the desired outcome, which is to reconnect, to connect, to pay respect to your ancestors and also, very pragmatically, to be connected to a wider employment market as European citizens.

NYJTG: This is how the applicant can prove their Portuguese Sephardic ancestry by providing all these documents that you have outlined?

Rita Mayer Jardim: Yes, so each case will be different. There is no cookie-cutter approach. Its not one single document that will prove your connection as much as you feel Sephardic. There must be some elements of proof. The proof does not need to be a genealogy that connects you to a Portuguese ancestor more than 300 years ago. Thats not the threshold. Sometimes it is possible to do that, but thats a rarity in a sense. There are many elements which have weight and its the cumulative effect of the various elements of proof that will make your case successful or not.

NYJTG: Earlier you spoke about families and the restrictions imposed on children in certain situations, can you elaborate on this?

Rita Mayer Jardim: The way the Portuguese naturalization route into citizenship works is that you need to be over 18. So, children who are under 18 should wait until they become of legal age. If they are very close to eighteen, nothing prevents them or even younger, to get the certificate that attests they are Sephardic. Its just that that certificate will not be able to be immediately used. You need to be eighteen.

Families can apply all at the same time and in a sense, its preferable because youre not waiting for each application. Applications are independent in the sense that you dont need first to get citizenship for the father and then for the children. Each person has an individual right. Thats why theyre 18. They have as adults, a right they may exercise or not. For spouses who are not Sephardic, they also have in the sense of facilitated route into citizenship not as descendants of Sephardic Jews, but as spouses of a Portuguese citizen.

It is crucial that they are also mothers or fathers of Portuguese citizens. The spouse does need to wait for the husband and for their sons or daughter over eighteen to become Portuguese. The minute that happens, the day that happens, we are able to submit an application as long as the spouse has been married before, doesnt need to be from that moment, for more than three years. Citizenship by marriage in Portugal works like that. More than three years of marriage with connections to Portugal and the children who are Portuguese could be those connections.

Minor children need either to wait until theyre eighteen and then they apply or if the family decides to move to Portugal. every citizen has the right to move to Portugal whenever he or she decides and to take all family members, dependent ones. Minors are dependents and once a minor comes to Portugal and starts attending school, then he or she has the necessary connections to Portugal. So then the minor may become Portuguese as a son or daughter of a naturalized citizen that has connections to Portugal. So, no longer as the Sephardi Jew in sum, there are ways for a family who is willing to move to Portugal, for all the family members to become Portuguese.

NYJTG: Can a DNA test be submitted for citizen application? Would it be accepted?

Rita Mayer Jardim: The DNA tests as far as I can understand, and Im not a geneticist, will not be able to tell that you have Sephardic ancestors. They tell you whether you have Iberian origin, and that may be relevant if youre an American citizen, with your life and your ancestors always here. The fact that you have an Iberian genetic marker, it could be relevant. In itself, its not a sufficient element of proof because as I said, and as far as I understand, there are no specific Sephardic markers to tell if someone is of Sephardic genetic origin. In any event, I have clients who have done those tests and what they say was that I saw my genealogy report said I was descended from this person. I think I only believed it when I saw the genetic testing that said, Yes, youre Iberian. Its more like a validation of something. To some people, its not evident. For you, for someone who knows in their heart they are of Sephardic descent, they dont need scientific proof, but for someone who is not and discovers that maybe it is a sort of science rubber stamping that conclusion.

(New York Jewish Travel Guide)

See more here:

Closing the Circle on Portuguese Citizenship for Descendants of Sephardi Jews - The Jewish Voice

Category: Sephardic
Tags: