Weāre planning on relocating to PT this summer for 1-2 years and have just recently applied for the Golden Visa. Our 3 kids will be in school in Lisbon. Weāve gotten conflicting advice from lawyers on whether we need to do anything else to legally live in PT. Our main lawyer has said that while our status in Portugal would be āirregularā it would not be illegal and that customs āshould beā accommodating. This doesnāt give me the comfort Iām looking for so I would like to know if anyone on here is currently living in Portugal for longer than the 90 day tourist allotment (US citizen) while waiting for their GV application to progress to residence permit and (b) if they have had no issues, have they additionally traveled to other parts of Europe. We intend to travel around EU and likely come back to US 2 times. thanks!
__
You can enter Portugal as a tourist and remain here while waiting for the residence cards to be issued. In this case, your status would be irregular, but not illegal. Portuguese authorities are aware of the delays in our public services and tend to be understanding in such situations.
The main challenge may arise if you need to travel to other countries before receiving your residence cards. However, in principle, you should be able to travel to your home country and return directly to Portugal without any major issues.
__
From another reputable GV lawyer:
Following up on our meeting and as we discussed, given the current delays in the Golden Visa process, it is highly likely that within 12 months you will not have your residence permit. Therefore, you will not be officially legal to live in Portugal. The Golden Visa is the only type of legalization that does not require you to fulfill the residency obligations in Portugalāsuch as becoming a tax resident, having children studying in the country, or spending more than 6 months per year in Portugal.
Thus, as we discussed, if your intention is to live in Portugal in the short term, the Golden Visa may not be the best option at this time. However, there are some points to consider.
Once your Golden Visa application is submitted, after 90 days we can file a court claim to accelerate the process, which could shorten the waiting time by a few months. The court claim usually takes 4 to 6 months to show a positive outcome with the collection of biometric data. After this collection, according to the law, AIMA must make a decision within 90 working days. However, due to delays, this may take a little longer.
As I explained, after submitting the Golden Visa, you will not be able to apply for a regular visa. If you choose to apply for another visa, the authorities will only issue the new visa if you withdraw your Golden Visa application.
Another option is to apply for a regular visa, such as a digital nomad visa or a D7 visa, before starting the Golden Visa process. You can find more information about this visa in the attached presentation. This application must be made in the United States, and you will only be able to enter the Schengen Area ā and consequently Portugal ā once the visa is issued. The processing time for this visa is around 90 working days. Once you enter Portugal, you will receive a visa valid for 4 months with two entries. After that, we will need to work with the authorities to schedule the replacement of the visa with a residence permit, valid for 2 years. Itās important to note that scheduling an appointment for the replacement may also face some challenges due to the current demand. However, while you are waiting for the appointment, you will be able to stay in Portugal without any issues.
Itās also important to mention that, if that is your intention, after receiving your residence permit via the regular visa, you can immediately apply for your Golden Visa without any impact on your status.
Regarding nationality, as I explained, the 5-year period begins from the date your Golden Visa application is submitted, provided you receive the residence permit. If you choose to start with a regular visa, such as the digital nomad visa, the time of your residence permit will count towards those 5 years. So, if you apply for the Golden Visa later, itās likely that as soon as you receive the residence permit under the Golden Visa, you will already be eligible for nationality.
Itās also important to note, considering the ages of your children, that the nationality request based on residency only applies to individuals over 18 years old. For minors, nationality can only be requested once one of them becomes a Portuguese citizen. Therefore, it will be essential to maintain a valid residence title until your children are eligible for nationality.