I just got an email from my lawyer. My visa application was finally approved. I have until the 19th to pay. Unfortunately, the letter doesnāt seem to include payment information, so Iām at a bit of a loss of how to do that.
I originally applied way back in April of 2021 and had my biometrics done in Lisbon in October of 2022. Iām honestly shocked. I wasnāt expecting any progress this month.
Many congrats! When exactly was your biometrics in October?
October 26th.
Wow, one day after I posted that we were about to give up, we also received final approval and to pay DUC.
Iām on the same time line as Catsclaw,
Purchased Investment and Applied in April 2021
Received Pre Approval on March 2022
Biometrics October 26, 2022 in Lisbon
Final approval and DUC Payment request on Aug 13, 2024
What is unclear is how fast my wife will be processed as she hasnāt even had her biometrics yet.
It takes a couple of days for the DUC to be issued so expect the payment info shortly.
You can only pay from a bank account in Portugal (my attorney paid on my behalf after I wired the money and for a 50euro fee)
While bearing in mind that it is inadvisable to exit/enter Schengen through airports other than Portugal since other Schengen countries may not recognize your residence right at this stage, and some (Germany) have even charged pre-pre-approval GVers with crimes for doing so.
With or without a lawsuit?
Without lawsuit
Hi all, I wonder if any of you who have renewed your GV card and received 3-year D2 card (showing card type as āTemporĆ”riaā* as opposed to āAR Investimentoā ) have looked into the legislation for D2 residency. Note D2 has existed as a residency category for a long long time - it is not something new. The minimum stay requirement is over 183 days a year (like all resident permits except ARI) . In addition to stay requirement, there are many other criteria to fulfill to maintain D2 residency for self and family members.
One of the key reasons why people have chosen to invest in a golden visa / AR Investimento is to avoid having to live in Portugal for a minimum of 183 days every year (thereby automatically deemed as a tax resident). In the past ARI holders get ARI resident permit which says āAR Investimentoā as type of residency and āAtividade de Investimentoā under remarks on their bio-metric card and they only need to stay 7 days a year to maintain it. Now renewed cards of ARI investors indicate āTemporĆ”riaā as type of card, and āAtividade Empreendedorā as remarks. What does your resident card show? For ARI holders to be force-converted into D2/Entrepreneur permit upon renewal, is that in the spirit of grandfathering?
Legally speaking, Lei no. 56/2023 is the governing law on ARI since Oct 2023, replacing lei no 23/2007. This law only covers Atividade de Investimento (ARI) - with details under Article 42 & 43. Note: There is no single mention of Atividade Empreendedor (Entrepreneur residency) in Lei no 56/2023 which governs ARI.
This also has implication for permanent residency as ARI PR and normal PR have different stay requirement just as ARI vs any other type of resident permitsā¦
Does anyone know or have consulted their lawyers on the legal status of ARI investors who now hold D2 temporary resident cards? What are the governing laws? Must they sell property and operate a company as an entrepreneur and fulfill the requirements of the competent authority for D2? Please kindly share with the community if you have any information/insights. Thanks.
@Joan219 the Mais HabitaĆ§Ć£o law that converted ARI to D2 for real estate, also specified that the stay 7 day requirement is grandfathered in for those D2 holders. See Golden Visa to D2 Visa - #19 by drsteve
That post you referred to was written in Apr 2023. Back then, Lei no 56/2023 (Mais HabitaĆ§Ć£o) was not even published/finalized. The law was passed on 6 Oct 2023. If you read the law itself, you may find it head-scratching that there is zero mention of Atividade Empreendedor which is the residency type of ARIs upon renewal. Atividade Empreendedor (D2) resident type has its own legislation and minimum stay is 183 / year! Any insights from lawyers are greatly appreciated.
Not a lawyer, but just a couple of observations:
I think ARI cards havenāt always been consistent about what text goes where. Sometimes the type is āTemporĆ”riaā, and āAtividade de Investimentoā appears in remarks. Other times the type is āAtividade de Investimentoā. If you browse online youāll see images of cards in both styles. All ARIs are temporary residents permits, of course.
I donāt think itās right to say that Lei 56/2023 replaces Lei 23/2007. Lei 23/2007 remains in force, as amended, as does Dec Reg 84/2007 as amended. So you have to read them all in conjunction. And the 7/14 days is set out clearly in Art 42/43 - itās one of the only very clear statements in the MH amendments - I donāt think the short stay requirement for people converted into D2 status is in doubt.
I agree that the conversion into D2 is not very well covered in the law - and there are grey areas about how if at all any of the regular D2 requirements apply to ex-ARI people.
Hi Chris, your points above are very well appreciated. Have you by any chance looked at the legislation that governs D2 (Entrepreneur residency)?
@Joan219 I replied in this thread, lets try keep the discussion contained in one place: Golden Visa to D2 Visa - #76 by anonymous69
Finally got the approval for main applicant, these are not exact dates but rough timelines
Investement - last week of December 2021
Biometrics - October end 2023 in Faro
Approval for main applicant - Aug 2024
Investement was in IMGA AƧƵes Portugal A fund for 350,000 Euros
Last udpate came in couple of days ago where my attorney forwarded me email showing approval and asking to pay around 6000 euros for card printing fees i guess?
As I mentioned in the other thread where you posted, this is super fast. There are others from March - August 2023 Faro biometrics who are still waiting.
With or Without Lawsuit?
I paid my DUC back in May and got my card in two weeks. A week later i paid the DUC for my family and still waiting for the cards - more than 3 months now. Has anyone had any similar delays on card delivery for family? I wonder if cards got lost on the way to my lawyer. We all had our bio process in Coimbra, but not sure this is related as cards are printed centrally.
cards are typically taking 2.5 months plus to get delivered after paying DUC , this is what I have seen with mine and dependent cases