Awaiting Pre-Approval (Stage 2)

yes i think that’s what @david ko pretty much said - “originally applied in early 2021”.

all is well - his timeline isn’t any better than what the rest of us are enduring :joy:

@sen,

I dug a bit into the published Portuguese laws (site ari.pt), and looked under “Lei n.Âș 23/2007” which deals in general with immigration. ARI fall under Artigo 90.Âș where section 2 states:

2 - O requerente pode ser dispensado do requisito a que se refere a alĂ­nea a) do n.Âș 1 do artigo 77.Âș sempre que tenha entrado e permanecido legalmente em territĂłrio nacional.

And for the reference, the text of Artigo 77.Âș cited herein states:

*CondiçÔes gerais de concessĂŁo de autorização de residĂȘncia temporĂĄria

1 - Sem prejuĂ­zo das condiçÔes especiais aplicĂĄveis, para a concessĂŁo da autorização de residĂȘncia deve o requerente satisfazer os seguintes requisitos cumulativos:

a) Posse de visto de residĂȘncia vĂĄlido, concedido para uma das finalidades previstas na presente lei para a concessĂŁo de autorização de residĂȘncia;*

Hence, you are allowed to remain on the territory whilst you are still “requerente”, i.e. petitioner. Furthermore, there is a Dispatcho that @tommigun has posted that further grants you status of “regular” resident during the COVID-19 regime that has not yet been lifted.

Hope this helps.

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Sorry wish I could say my lawyer had done some magic trick that everyone here can emulate.

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no you are on the same miserable boat as the rest of us :tada:

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Thank you, much appreciated! This is great information.

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@PCERoman - nice research, only I am afraid you are referring to the original version of the Law (Ato Original), instead of the latest actual version of the same Law (VersĂŁo Consolidada), see below:
https://dre.pt/dre/legislacao-consolidada/lei/2007-67564445

Besides, it’s not Article 90, but Article 90-A that describes the ARI/GV.
Unfortunately, it does not contain the wording you quoted as clause 2, hence not of much help in our context.

On the other hand, the Despacho you mentioned is still in force (as previously shared in another thread):
https://dre.pt/dre/analise-juridica/despacho/12870-c-2021-176908200

Note this Despacho only addressed the applications lodged by 31 December 2021.
Anyone who lodged their GV application in 2022-23 are in a legal vacuum when it comes to permanent stay in PT


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@tommigun

Thank you for pointing this out: I guess I stumbled upon the older document during my search.

Although I would agree with you that there are no firm wording regarding the ARI status specifically, it is something that should be arguable considering the similar arrangements for other residency petitioners. As you have pointed out many times, the SEF constantly breaks its own rules of timely due process. In light of these, it can be pointed that ARI applicants are entitled to the same protections under the Lei 23 as other petitioners.

So far I hadn’t had any issues, and I doubt SEF really after pursuit of ARI applicants to throw them out of the country. I will be travelling back to Lisbon in the end of April, so let’s see if my “theory” holds! :slight_smile:

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SEF restructuring now penned in for start of April - The Portugal News

Of course they postponed itâ˜č

with what’s going on, I am not sure if the country is moving the right direction, end of golden visa, chaotic housing solution, online auto renewal, online auto residency, etc


I just noticed the fees have been increased to EUR581.76 from 1st March :wink: a bit funny. On one hand they said all applications after 16th Feb are frozen, on the other hand, they increase the fees from 1st March.

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Nothing is truly “frozen” yet as nothing is enshrined into the law until the Parliament discusses it and the President signs it. The rate increase is just a reflection of the inflation, hence 9 to 10% is about right. I would not place too much value on this other than “shell out more cash”
 :slightly_frowning_face:

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Hello, Are there any new updates on the SEF pre-approval?
Did anyone receive pre-approval in the past few days?

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Tbh, I expected the Dec backlog to be completed by Feb 2023. I mean, how much resource does this take for God’s sakes? It’s not like there are thousands of applications. More like few dozens to a couple of hundreds pending at the max. Sheer inefficiency. Frustrating really.

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I was hoping for the establishment of APMA, and they just postponed it to April.6😓, and as far as I understand, April 6 is merely a date for legal proceedings, there’s no guarantee that APMA will start functioning on April 6. I’m really frustrated too.

Actually, the backlog is in hundreds of thousands. GVs are just a tiny number of them. And yes, the process is inefficient in its very core, further exacerbated by multiple terminations of SEF officers for bribery and COVID-induced delays which are still “working” through the system.

If you want to live in Portugal, patience must be your primary co-pilot. Persistance is important, but often takes a second seat. Eventually, the things do get done given sufficient time


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how is APMA supposed to help?

If you want to live in Portugal, patience must be your primary co-pilot. Persistance is important, but often takes a second seat. Eventually, the things do get done given sufficient time


indeed!

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It’s sort of blind hope on our part afaik. Hopefully the new system will be more streamlined and faster. Surely, at least it can’t get worse!

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Hey everyone, quick guidance please.

I applied in Aug 22, added my father in Dec 22 and my wife in Mar 23.

Given the very sporadic applications (unfortunate due to documents delays) , would the pre-approval be given differently based on the specific applicant or will it be sooner for my father and wife then 4 and 7 months difference?

Much appreciate whatever you can share.