השעיית הליכים למבקשים בעלי סנקציות של האו"ם/האיחוד האירופי (סעיף 13) - בוטל

תרחישים לדוגמה

התרחישים לדוגמה מוצגים באנגלית.

• TRANSITIONAL PROTECTION APPLIES — proceedings continue under the prior redação (former Art 13 suspension preserved for his pending application). Boris's IRN electronic submission predates 19 May 2026; under LO 1/2026 Art 7, pending procedures continue under the prior Lei 37/81 redação. His file is suspended under former Art 13 until the EU restrictive measures are lifted, at which point the suspension ends and the naturalisation assessment resumes under the prior rules (5-year residence threshold if his submission was before 19-05-2026 per Art 7 transitional). However, even if the measures are lifted and the naturalisation proceeds under the prior rules, his file may still be assessed against the substantive grounds operative at the time of decision — this is a complex transitional question requiring case-specific legal advice. NOTE: Former Art 13 is revoked for new applications from 19-05-2026; Art 6(1)(h) now operates as a substantive bar, not a suspensive mechanism.

  PT-ASSERT-XCT-007 (conf 0.95): Art 13 WHOLLY REVOKED by LO 1/2026; pending applications continue under prior redação per Art 7 transitional. S-C16 / S-C17: IRN electronic submission date is the operative anchor. Boris's 5 March 2026 submission predates 19-05-2026; transitional protection applies. Former Art 13 was a suspension, not a refusal — once measures lift, the file resumes. The interaction between the transitional prior-redação rule and any assessment under the new substantive conditions is a legal ambiguity (NLR for this specific transitional scenario). PT-ASSERT-NAT-007 (conf 0.93): Art 6(1)(h) is the W7 successor bar.

• NO SUSPENSION AVAILABLE — former Art 13 is revoked as of 19 May 2026. For applications filed from 19 May 2026, Art 6(1)(h) Lei 37/81 (LO 1/2026) operates as a SUBSTANTIVE BAR, not a suspensive mechanism. Elena's application will be refused (or not accepted) on the basis that she does not satisfy Art 6(1)(h). There is no procedural suspension route available for new applications post-19-05-2026. Elena should seek legal advice on whether the restrictive measures can be contested or lifted before re-applying, and on whether any other route (e.g., marriage or adoption, where Art 3(4) also imports the Art 6(1)(h) bar) would change her position. In all cases, the sanctions bar applies across all nationality acquisition routes under LO 1/2026.

  PT-ASSERT-XCT-007 (conf 0.95): Art 13 revoked; Art 6(1)(h) is the operative W7 mechanism. PT-VC-010 (HIGH): Art 13 revoked wholesale by LO 1/2026. For new applications from 19-05-2026, no suspension is available; Art 6(1)(h) is a substantive disqualification condition. PT-ASSERT-MAR-004 (conf 0.97): Art 3(4) imports Art 6(1)(f)-(h) into marriage/união routes — sanctions bar applies there too. A62 FATAL guard: no ES framing. The A252 lifecycle documentation is fulfilled by the route doc; scenario correctly reflects the 'closed to new applicants' nature of the former mechanism.

• NO RETROACTIVE SUSPENSION OR REVOCATION on the basis of post-acquisition sanctions measures. Former Art 13 applied only to pending proceedings (suspensão de procedimentos), not to completed naturalisations. LO 1/2026 Art 6(1)(h) is a prospective eligibility condition for new applications; it does not operate retroactively to revoke already-granted nationality. The only grounds for cancellation/revocation of nationality are fraud-based (Art 12-A Lei 37/81) subject to the Art 12-B bona-fide third-party consolidation protection (10-year bar under LO 1/2026, raised from 6 years). Sanctions measures post-naturalisation do not constitute 'fraud' in the Art 12-A sense. Loss of Portuguese nationality can only occur under Art 8 (voluntary renunciation). TC Ac. 1134/2025 (Proc. 1384/2025, 15-12-2025) struck the proposed CP accessory-penalty nationality loss — no criminal or administrative deprivation of nationality is available. The client's nationality is secure from retroactive sanctions-based challenge.

  PT-ASSERT-XCT-001 (conf 0.90): only statutory loss ground = Art 8 voluntary renunciation. PT-ASSERT-XCT-002 (conf 0.93): no criminal accessory-penalty loss — TC Ac. 1134/2025 struck CP Art 69-D. PT-ASSERT-NAT-018 (conf 0.92): Art 12-B bona-fide consolidation protection (10y under LO 1/2026). PT-ASSERT-XCT-007: former Art 13 = procedimentos pendentes only, not completed grants. Art 6(1)(h) is a prospective condition for new applications, not a retroactive ground. The practitioner's client holds valid Portuguese nationality that cannot be stripped by sanctions measures post-acquisition absent fraud findings. A62 FATAL guard confirmed.