We applied for GV in June 2023 and are currently “under analysis” which I anticipate will be for quite a while. My question is regarding time allowable in Portugal National Territory (NT) while awaiting residency.
I’ve heard conflicting opinions:
We are limited to the Schengen 90 day rule in Portugal NT. vs.
We are allowed unlimited time in PT (since GV is an application directly with AIMA -SEF when we applied) but elsewhere in Schengen countries still have 90 day limit.
Does anyone have experience with this or documentation explaining either opinion?
My understanding is that the despacho that allowed you to stay in Portugal while the SEF were processing your visa application sunsetted on Dec 31 2023.
I haven’t had to look at this issue since late last year, but at the time the situation was that you could only get one exit and re-entry once you overstayed, the re-entry being for the purposes of a visa process (in 2024 and beyond).
The answer seems to change with time and vary based on different lawyers’ opinions, so I’d get current and study up were I in your position and considering going down this path.
Technically, the Schengen 90-day rule applies to you while awaiting in Portugal; yet, an interesting caveat exists within the Golden Visa (GV) application.
Applying directly with AIMA - SEF for the GV places you in a somewhat ambiguous position: potentially, you may not be strictly bound by the Schengen rules during your time in Portugal NT.
Consider this tidbit: According to some, your GV application’s in-process status might grant you an extension beyond the usual 90 days in Portugal. However, please note that it is not a confirmed provision and could vary based on your unique circumstances.
I recommend directly checking with the SEF (Serviço de Estrangeiros e Fronteiras) for the most accurate information. The handling authority on this matter rests with them, and thus they hold final decision-making power. Furthermore, should you discover any concrete documentation or clarification related to this issue – sharing it would be greatly appreciated! Always good to have solid info for fellow GV applicants