Awaiting Pre-Approval (Stage 2)

[inkyvelarde (Mvelard)]

Have you ad your biometric appointment yet?

[ohbee (Full Name)]

There’s a whole thread about NHR!

[anonymous69]

Good point @tkrunning is it possible to move the NHR posts into the NHR thread? The End of Portugal's Non-Habitual Residence (NHR) Program Announced

[ThroughtheMill (Anonymous)]

Yes, but people on the thread should still be aware of the issue as it relates to the delay in Pre-approvals:

Even if you qualify to be grandfathered for the old NHR scheme, you still must become tax resident this year. That is (at least according to two separate law firms I’ve consulted) very hard to do without having received pre-approval because you need to show that you legally can reside there.

Plus, those of us who applied in ‘22 and beyond have not been granted the right to live there that was given to prior applicants by the Dec. 31 decree.

This makes pre-approval that much more urgent for us.

[PCERoman (Roman)]

@ThroughtheMill

That is (at least according to two separate law firms I’ve consulted) very hard to do without having received pre-approval because you need to show that you legally can reside there.

That’s not quite true. At least in my Frequésia (Santo António), they just asked for my passport and a Contrato de Compra e Venda (Real-Estate Purchase Certificate, i.e. deed to the property). They could careless about my immigration status.

[ThroughtheMill (Anonymous)]

Yes, I do understand results may vary based in which tax office you submit to. The Portugal Random Outcome Generator™️ strikes again.

Also, getting the NHR is apparently particularly difficult for your dependent applicants if they’re not on the deed and don’t yet have pre-approval. It’s my mom who needs this most because she will be living on social security/ rent from her US home and needs the flexibility to sell that home without being subject to the crazy-high PT tax on real estate gains from foreign properties.

[goel.shashank85 (Shashank)]

Portugal Golden Visa World is like the “Infinity” domain expansion of Gojo Satoru. Time comes to a stand still. Nothing ever moves but the repercussions of one wrong decision, the never ending pain, heartbreak, frustration and injuries inflicted by the portuguese institutions are still played infinite times over.

Once the moment passes, the anticipation of the cycle repeating itself the very next moment makes you hopeless.

When will the heartless gods sprinkle some mercy on my little innocent self.

[slobsurfer]

Are there absolutely no movements?

[goel.shashank85 (Shashank)]

Nil…zero…nothing.

At the current rate of processing, 7 lives wont be enough to procure the first residency card. I cant even sympathise with you, all my sympathy is currently reserved for myself.

[rvnjoel (Joel)]

This is beyond messed up. Is it possible to pool up and create a class action law suit?

[goel.shashank85 (Shashank)]

If possible, count me and my share in.

[ThroughtheMill (Anonymous)]

I really think we should consider it and try to find representation. As a 2022 investor/applicant, we got particularly screwed. We invested more money and/or in less marketable areas under a renewed scheme with every reason to believe the government wanted our investments. The government solicited our investments, took the taxes AND fees and has delivered NOTHING. Less than nothing—the PM then scapegoated us for a housing crisis that we did not create or even meaningfully contribute to. On paper, it’s not a “retroactive” revocation. But in practice, it’s worse. Leaving us robbed and remediless.

[PTbound (A L)]

Not surprisingly, class actions have been discussed on this forum before - general feeling is Portugal doesn’t have such a thing for “personal” issues.

Class Action against Portugal for proposed termination of GV

You have arrived. However, there is no real class action status in Portugal, that is a product of the U.S. tort law. We would have to file a claim in the US which could be done, but is about 4 or t on the list of options because of expense. Better to join the production mill of individual administrative legal court actions that we will all file in Portugal if this goes the wrong way.

Class action lawsuit?

Instead of a class action suit, maybe submit a case to the Ombudsman. This is for quite serious complaints about public administration, which the whole Golden Visa fiasco certainly is. https://www.provedor-jus.pt/en/who-we-are/faq/file-a-complaint/

PT law also doesn’t seem to care much about jurisprudence either. So two GV applicants can file similar lawsuits against AIMA to move their applications along, making similar arguments… but in the end it’s just a scandalous lotto of whether you get a friendly or unfriendly judge. Plenty of examples in this thread:

https://community.nomadgate.com/t/is-it-lawsuit-time-processing-times

[ThroughtheMill (Anonymous)]

This may have changed:

The arrival of Class Actions in Portugal | Caiado Guerreiro

[PTbound (A L)]

Ah, interesting. Thanks European Union!

Please also post in one of the various ‘lawsuit’ threads for better visibility.

[PCERoman (Roman)]

Thanks for sharing - very interesting development.

[sj-to-pt]

If true, we should seriously consider doing this as a collective.

[Hippopotamousse]

Just need the right lawyer. Anybody know one?