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wave” of the pandemic, it was widely reported in the media that Portugal was conferring temporary citizenship rights upon a group of migrants within the country. On closer inspection,53 it
became apparent that the Portuguese migration authorities had issued secondary legislation protecting the situation of those who have pending applications under the Foreigners’ Law or under
the Asylum Law, who—after the declaration of a National State of Emergency on March 18, 2020
—could no longer be seen by the relevant authorities in person in order to review their cases. Time
stood still on their applications until June 30, 2020, and the measure simply secured their existing
rights as lawfully resident non-citizens, thus permitting, for example, access to healthcare, to work,
and to welfare benefits. Even those without legal residence status in Portugal were also given
partial protection so far as concerns their right to emergency healthcare, including treatment
for COVID-19 and maternal, fetal, and new born health conditions. Combined with Portugal’s
relatively accessible naturalization regime and newly minted ius soli principles for the second
generation born in the country,54 such measures have the capacity to open out citizenship in times
of crisis. We can also note the measures taken in France to accelerate the naturalization of key
frontline workers who had already applied for citizenship by reducing the qualification time
required for citizenship to be conferred55 and the new pathways to permanent residence for
certain groups of desired workers extended to those living in Canada during the pandemic.56
This in turn provides a pathway to citizenship through naturalization, as does the extension
of indefinite leave to remain in the UK for non-citizen relatives of National Health Service
(NHS) workers who died of COVID-19 during the pandemic.57
It is certainly clear that the impact of travel restrictions will undoubtedly have constrained what
might be termed one of the “markets” for citizenship, namely that related to birthright citizenship
of convenience, or “birth tourism.” This term refers to those who travel in the later stages of pregnancy to a country with unconditional ius soli with a view to giving birth in that country and
thereby seeing the citizenship of that country conferred on the child.58 While the term “birth tourism” is generally used by those who are opposed to the practice as in some way abusive of the
ordinary rules of birthright acquisition in target countries such as the U.S. or Canada, the fact
that this practice occurs (and indeed has been documented by researchers such as Yossi
Harpaz59) opens new policy options for governments in the pandemic and post-pandemic world
wishing to erect tighter citizenship borders.
53
EUR. COMM'N, Information for Foreign Citizens in Portugal with Pending Cases Before SEF (Apr. 27, 2020), https://ec.
europa.eu/migrant-integration/news/information-for-foreign-citizens-in-portugal-with-pending-cases-before-sef. For other
examples of the impact of the pandemic on migrants from outside the EU in the Member States, see EUR. COMM'N,
COVID-19’s Impact on Migrant Communities (last updated July 27, 2020), https://ec.europa.eu/migrant-integration/news/
covid-19s-impact-on-migrant-communities.
54
Ana Rita Gil & Nuno Piçarra, Report on Citizenship Law: Portugal, GLOBALCIT, (2020), http://hdl.handle.net/1814/
66204. See also recent liberalization related to children, Ana Rita Gil, The 2020 Amendments to the Portuguese
Nationality Act: A Big Step Further Towards Pure Ius Soli . . . and Some More Inclusive Measures, GLOBALCIT (Jan. 12,
2021),
https://globalcit.eu/the-2020-amendments-to-the-portuguese-nationality-act-a-big-step-further-towards-pure-iussoli-and-some-more-inclusive-measures/.
55
France Facilitates Citizenship for COVID-19 Frontline Workers, GLOBALCIT (Jan. 11, 2021), https://globalcit.eu/francefacilitates-citizenship-for-covid-19-frontline-workers/. See also Bahar Makooi, France: Naturalisation des étrangers en
"première ligne" contre le Covid, un effet d'annonce?, FRANCE24 (Sep. 16, 2020), https://www.france24.com/fr/20200916france-naturalisation-des-%C3%A9trangers-en-premi%C3%A8re-ligne-contre-le-covid-un-effet-d-annonce.
56
Shelby Thevenot, Canada’s New Essential Worker Stream Reaches Intake Cap, CIC NEWS (July 16, 2021), https://www.
cicnews.com/2021/07/canadas-new-essential-worker-stream-reaches-intake-cap-0718646.html#gs.ebj44e.
57
Guidance from UK HOME OFFICE & VISAS AND IMMIGR., Coronavirus (COVID-19): Bereavement Scheme for Family
Members of NHS and Health and Social Care Workers, GOV.UK, (Jun. 16, 2021), https://www.gov.uk/guidance/
coronavirus-covid-19-bereavement-scheme-for-family-members-of-nhs-and-health-and-social-care-workers.
58
Graeme Wood, Record-setting Year for Birth Tourism in B.C. Prior to Pandemic, BUS. VANCOUVER (Aug. 27, 2020),
https://biv.com/article/2020/08/record-setting-year-birth-tourism-bc-prior-pandemic.
59
Yossi Harpaz, Mexico: Strategic Birth as Elite Investment, CITIZENSHIP 2.0: DUAL NATIONALITY AS A GLOBAL ASSET 67
(Yossi Harpaz ed., Princeton Univ. Press 2019).
https://doi.org/10.1017/glj.2021.77 Published online by Cambridge University Press