The Consideration 3: Spain and Portugal Pass Sephardic Right To Return

Spain finally passed the law of return for Sephardic Jews this past June. The law goes into effect in October 2015 but expires after three years, although it can be extended for another year if deemed necessary. Candidates must apply to the Federation of Jewish Communities of Spain (FCJE) and they must hire a Spanish Notary and pass tests on the Spanish language and history. The law has many different hurdles the candidate must get over and has been defined as some as a bit excessive. Most of these hurdles are in the second section of the law, stating;

Spanish Parliament applauds after approving law
to grant citizenship to Sephardic Jews

"2. The condition of Sephardic jews originally from Spain will be attested through the following means of proof, evaluated as a whole:

a) Certificate issued by the President of the Permanent Commision of the Federation of Jewish Communities of Spain.

b) Certificate issued by the president or similar position of the jewish community of the area of residence or birthplace of the applicant.

c) Certificate of the competent rabbinic authority, legally recognised in the country of residence of the applicant.

The applicant may attach a certificate issued by the President of the Permanent Commision of Spain’s Federation of Jewish Communities that endorses the authority condition of the expeditor. As an alternative, to prove the idoneity of the documents mentioned on b) and c), the applicant must provide:

1st. Copy of the original statute of the foreign religious entity.

2nd. Certificate of the foreign entity containing the names of those designated as legal representatives.

3rd. Certificate or documents proving that the foreign entity is legally recognised in its country of origin.

4th. Certificate issued by the legal representative of the entity which proves that the signatory rabbi currently and effectively holds such condition in accordance with the requirements established in the statutory rules.

In addition, the documents referred to in the previous paragraphs, exception made from the certificate issued by the President of the Permanent Commision of Spain’s Federation of Jewish Communities, will be, when necessary, appropriately authorised, translated into Spanish by a sworn translator and shall contain the Apostille (of the Hague) or the pertinent seal of legalisation.

d) Accreditation of use of Ladino or “Haketia” as family language, or through other evidence that proves they traditionally belong to that community.

e) Birth certificate or “ketubah” or marriage certificate indicating its celebration according to the traditions of Castile.

f) Report issued by a sufficiently competent entity proving that the applicant’s surname belongs to the Spanish sephardic lineage.

g) Any other circumstance that can reliably prove the condition of Sephardic originally from Spain."

Portugal passed a similar law in January which became effective in late February with the first 21 citizenships being given by March 3rd, 2015. The Portuguese law is less strict than the Spanish law, requiring candidates to obtain a document issued by a Portugal-based Portuguese community attesting to their Portuguese Sephardic ancestry as well as providing their criminal record and birth certificate. To obtain the document attesting to Portuguese Sephardic ancestry a candidate must prove 

"the tradition of belonging to a Sephardic community of Portuguese origin, materialised, namely, in the family name of the applicant, native language, ancestry, and family memory."

or they must provide the following evidence;

1. a)  Certified document, issued by the Jewish community that ther applicant belongs to, proving their usage of Portuguese expressions in Jewish rites, or as a language spoken by them in the heart of that community, the Ladino;
   
2. b)  Certified records, such as registers from synagogues and Jewish cemeteries, as well as residence permits, property titles, deeds of will, and other pieces of evidence of family connection from the applicant, through direct ancestry or family relationship in a collateral line of a common parent from the Sephardic community of Portuguese origin. 

Now that both Spain and Portugal have passed laws, it is interesting to look at the history of Sephardic Jews, Spanish Nationality Law, and Portuguese Nationality Law. In 1492 the Alhambra Decree was signed and brought in the Spanish Inquisition, requiring Jews to either convert to Catholicism or leave the country. In 1536 Portugal followed suit and began their own Inquisition against the Jews. It is said that when the Inquisitions happened the leading Rabbis declared a cherem on Spain, or a ban on living in Spain (oddly enough I never heard or read about a cherem being placed on Portugal). The expulsion from Spain was viewed by many leading Jews as a betrayal and even some Jews who converted to Catholicism (or pretended to) - such as Don Abraham Senior Coronel - were considered betrayers of their people. Fast forward about 500 years to 2013 and the first draft bills in both Portugal and Spain are being put forward to "right the wrongs on the Inquisition" by giving descendants of Sephardic Jews "the right to return" by granting fast-tracked citizenship. 

As I spoke about in The Consideration 2, some see this as a political ploy to bring money to their dying economies. A little unknown fact many people miss is that Portugal had already passed a "Jewish Law of Return" in April 2013 which allowed Sephardic Jews to gain a 'fast-tracked' citizenship. The law of return in Portugal was a bit stricter than that proposed in Spain; requiring applicants to have "belong to a Sephardic community of Portuguese origin with ties to Portugal" and to show Sephardic names in their family tree. Interestingly enough this is an amendment to the already established law "Law On Nationality" which was established in 1981 and determined citizenship by whether one or both parents are citizens of the state as opposed to place of birth. This is called Jus Sanguinis, or right of blood, and makes it so someone born in Portugal can't gain citizenship without at least one parent having citizenship or having held residence for at least 6 years in Portugal.

There are still a lot of questions with both laws and it will be interesting to see how many applications are accepted come October. Many are saying that Spain's law is too strict and they should lighten their requirements, similar to Portugal. A lot of people seem skeptical and believe that this is a ploy to just help the Spanish and Portuguese economies out of their recent slumps. I'd be interested to hear from anyone with personal experience applying for the citizenship and any problems they may have encountered. Now it's time to consider if I want to start the process.

Read the Other "Consideration" articles;
The Consideration: Obtaining My Spanish Citizenship As A Sephardi
The Consideration 2: A Step Forward For Obtaining Spanish Citizenship
The Consideration 4: Starting the Process for Portuguese Citizenship

The Consideration 2: A Step Forward For Obtaining Spanish Citizenship

Just a few days ago the Spanish Cabinet officially approved draft legislation allowing people with Sephardic Jewish ancestry to obtain dual citizenship. They have added one caveat to the process which requires the person to not only prove their ancestry but they must also pass a Spanish Culture Test. What that exactly entails they have not released but it is being prepared by the Cervantes Institute. The legislation cannot be implemented until approved by the Spanish Parliament which is controlled by the  conservative People's Party who strongly support the legislation, so it will most likely pass.

Some are lauding the move as a way to right the injustice of the Spanish Inquisition. But there is another voice which has emerged forbidding Jews to obtain Spanish citizenship. Rabbi Shlomo Aviner and other senior rabbis urged the Jewish people to reject the offer. Their main argument is they believe Spain is using this for political reasons to "make up for the expulsion of the Jews." Rabbi Aviner also spoke about the financial gain Spain is looking to gain because of their need for support, even claiming "An Israeli passport is worth more."

After my first post about looking into obtaining citizenship once available I heard from a lot of people about their opinion and many said things quite similar to Rabbi Aviner. Some even said they felt that Jews looking to move abroad should consider Israel over Spain since it is the Jewish Nation. Rabbi Haim Drukman had similar statements earlier this year, "We are privileged to have our own country and we should be proud to be its citizens." It is an interesting notion but one many non-religious Jews would not agree with, especially those who don't want to serve 2 years in the military or are afraid of the current fighting situation.

Leading Sephardic Rabbi Eliyahu Abergil reminded the Jews that there is an ancient cherem (religious ban) which was decreed after the Inquisition. A topic which I've heard about since I began my research on my Sephardic ancestry.

At this point I couldn't move forward with obtaining citizenship because I have to wait for Spanish Parliament. Yet the question I have to really ask before I move forward is, "What do I gain out of it?" Obviously it would be really cool to have dual citizenship but there are negatives and a lot of unknowns with possible situations that could arise, especially anything legal. One of the best positives from getting Spanish citizenship is becoming a member of the European Union, basically giving me access to live, work, and study in any EU country. EU membership has a lot of other perks whether I'm traveling throughout the EU or I decide to live there. Beyond this the only other thing I'd gain, I assume, is the ability to participate in Spanish politics.

There is certainly a decent amount to consider and many people have already decided they won't go through with it if the bill passes. Yet there are many more who are still quite interested and see this as a big opportunity. At least I have time to figure it out.

Read the Previous and Follow-up articles;
The Consideration: Obtaining My Spanish Citizenship As A Sephardi
The Consideration 3: Spain and Portugal Pass Sephardic Right to Return
The Consideration 4: Starting the Process for Portuguese Citizenship

The Consideration: Obtaining My Spanish Citizenship as a Sephardi

I have been thinking about becoming a Spanish Citizen. Due to my ancestry I will be able to do so quite easily without losing my current citizenship in the United States. I'm just not yet sure if I want to go through with it, so I have been researching it quite extensively.

There has been a buzz for a few years now about people of Sephardic descent being able to obtain citizenship in Spain without having to denounce their current citizenship. Just the other day on the 7th day of February in the year 2014, the Spanish Cabinet passed a new law giving a 2 year window for descendants of Sephardic Jews to apply for fast-tracked citizenship. While this law is finally coming to fruition it has been in the works for many years now. 

In 1992, King Juan Carlos prayed at Beth Yaacov Synagogue in Madrid to commemorate the 500th anniversary of the Alhambra Decree. King Carlos then declared "Sefarad is not nostalgia but a home which should not be said that Jews feel at home, because the Spanish-Jews are at home. What matters is not accounting for our mistakes or successes, but the will to project and analyze the past in terms of our future." In 2012 at a ceremony at Madrid’s Casa Sefarad-Israel the Justice Minister Alberto Ruiz Gallardón announced the Spanish Government would be opening automatic citizenship for anyone who could prove they descended from Sephardic Jews. 

There was a major problem with the 2012 law which made it impossible to work. It required a Certificate from the Federation of Jewish Communities of Spain (Federación de Comunidades Judías de España) but the Federation refused to give out certificates until the Spanish government defined what documentation an applicant required to be considered Sephardi. Just over a year later the Federation of Jewish Communities of Spain are now praising the law passed by the Spanish Cabinet. A statement they released about the law said “The minister of Justice, Alberto Ruiz Gallardon, kept his word, and this honors him. Spain, once again, not only did not disappoint, but made a historical step for the Sephardic Jews”

The new law still must pass the Spanish Parliament before being officially implemented. While the law speeds up the process it still has stipulations which must be met. The law entails that the applicant prove they are Sephardi by one or more of the following requirements;

1. A certificate from the General Secretariat of the Federation of Jewish Communities of Spain saying the applicant is of Sephardic origin.

2. A certificate from the Rabbinical Authority legally recognized in the country in which the applicant resides.

3. Family names, languages, or other evidence of applicants connection to the Sephardic Community.

4. If said person was included in a list of Sephardic families protected by Spain such as the decree of December 29th, 1948 or those who obtained special naturalization through the royal decree of December 20th, 1924. 

5. The applicant can prove linkage to person or family member who the previous stipulation applies to.

6. In the event the application is sent to the civil registry office in charge of the residence of the applicant it will consider any applicant's sign of belonging to the Spanish community in their area.

If one or more of these stipulations are met then the applicant must also provide a statement of loyalty to the King of Spain and obedience to it's constitution and laws. The acquisition is then recorded in the Spanish Civil Registry. 

Now the question comes about of whether or not to go through with this...

If you would like to read the actual law please click link (warning: automatically downloads .pdf and is in Spanish);

http://www.mjusticia.gob.es/cs/Satellite/1292426924128?blobheader=application/pdf&blobheadername1=Content-Disposition&blobheadervalue1=attachment;+filename=Anteproyecto_de_Ley_nacionalidad_sefardies.pdf

Read the Follow-up articles;
The Consideration 2: A Step Forward For Obtaining Spanish Citizenship
The Consideration 3: Spain and Portugal Pass Sephardic Right to Return
The Consideration 4: Starting the Process for Portuguese Citizenship