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Apparently this IS still happening. But only for renewals? And only for some categories of investments?
AIMA: fighting problems with bigger problems
- O art.Âș 43.Âș n.Âș 1 da Lei nÂș 56/2023, de 6/10, prevĂȘ que:
MantĂȘm-se vĂĄlidos os pedidos de concessĂŁo e de renovação de autorização de residĂȘncia para atividade de investimento previstos nas subalĂneas i), iii) e iv) da alĂnea d) do n.Âș 1 do artigo 3.Âș da Lei n.Âș 23/2007, de 4 de julho, na redação anterior Ă entrada em vigor da presente lei, solicitados ao abrigo do disposto nos n.os 1 e 2 do artigo 90.Âș-A da Lei n.Âș 23/2007, de 4 de julho, que se encontrem a aguardar decisĂŁo junto das entidades competentes na data de entrada em vigor da presente lei. - Nesta conformidade, esta manutenção da validade dos pedidos de concessĂŁo ou renovação pendentes (porquanto se encontravam a aguardar decisĂŁo), permite que possam ser cobradas as taxas previstas para a concessĂŁo ou renovação ARI previstas na Portaria n.Âș 307/2023, de 3/10.
- Explicitando, nĂŁo obstante a conversĂŁo para AR para imigrante empreendedor postulada no n.Âș 5 do art.Âș 42 (e tambĂ©m no art.Âș 43.Âș n.Âș 3) da citada lei, a verdade Ă© que esta considera os referidos pedidos como de concessĂŁo e de renovação de autorização de residĂȘncia para atividade de investimento previstos nas subalĂneas i), iii) e iv) da alĂnea d) do n.Âș 1 do artigo 3.Âș da Lei n.Âș 23/2007, e mantĂ©m a respetiva validade, podendo, em consonĂąncia, serem cobradas as respetivas taxas (ARI).
- SĂł aos pedidos de renovação de ARI (com origem nas revogadas alĂneas do art.Âș 3.Âș da Lei n.Âș 23/2023) que tenham sido efetuadas jĂĄ apĂłs a entrada em vigor da Lei nÂș 56/2023 (7/10/2023) Ă© que deverĂŁo ser cobradas as taxas previstas para a AR para imigrantes empreendedores e nĂŁo as taxas ARI.
- Isto porque, neste caso, nĂŁo existe manutenção da validade do pedido de renovação operada pelo art.Âș 43.Âș n.Âș 1 da Lei n.Âș 56/2023, o qual sĂł se aplica aos processos entrados atĂ© 7/10, deixando de fora os apresentados apĂłs essa data e para o futuro.
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More discussion here - HOW-TO: GV Automatic Online Renewal Procedure (Jan 2023â) - #578 by cj807
If true, renewal fees drop tremendously to 177 Euros which would truly be a nice bonus.
WTH does that mean?? Can someone please translate the translation? That makes no sense to me!
I donât know where this text is quoted from but it is basically an interpretation of the Mais Habitação law explaining why the renewals of the discontinued ARI tracks are charged with the lower D2 fees rather than higher ARI fees.
It does make sense if you read this together with a printout of the Mais Habitação law.
If weâre really being converted to D2, I wonder if the second and subsequent cards will be good for 3 years. I believe thatâs the case for all residence cards except GV which is only 2 years?
If so that will really be a cherry on top of the reduced fees!
However given the regulations around stay required are still out of sync from the card validity, lawyers will probably tell us we still have to spend 14 days in the first 2 of the 3 years!
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It is not clear to me what the requirements of stay would apply after the alleged conversion to D2.
Article 42 refers to the standard 7+14+14 GV terms of stay but in reference to the conditions for renewal AND conversion to D2. What happens after renewal/conversion to D2 is unknownâŠ
Does anyone in the group know the renewal rules for D2 permit holders? So now Entrepreneurs (require zero investment) and Investors (investment of 500K euros) hold the same D2 permit? In the eyes of AIMA, these two groups are exactly the same?
On the D2 resident permit, it shows card type as âTemporĂĄriaâ instead of âAR Investimentoâ which is the card type for investor resident permit before this year. 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.
For ARI holders to be force-converted into D2/Entrepreneur permit upon renewal, is that in the spirit of grandfathering?
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 permitsâŠ
Any further insight is greatly appreciated!
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@Joan219 here is the full text of Lei no 56/2023 (Mais Habitação) https://diariodarepublica.pt/dr/detalhe/lei/56-2023-222477692
Artigo 42.Âș addresses ARI:
5 - Nos casos previstos nos nĂșmeros anteriores, a renovação determina a conversĂŁo da autorização de residĂȘncia numa autorização de residĂȘncia para imigrantes empreendedores, nos termos do n.Âș 4 do artigo 89.Âș da Lei n.Âș 23/2007, de 4 de julho, devendo os seus titulares cumprir o prazo mĂnimo de permanĂȘncia de sete dias, seguidos ou interpolados, no primeiro ano e de 14 dias, seguidos ou interpolados, nos subsequentes perĂodos de dois anos.
Deepl translate:
5 - In the cases provided for in the preceding paragraphs, renewal determines the conversion of the residence permit into a residence permit for entrepreneurial immigrants, under the terms of article 89(4) of Law no. 23/2007, of July 4, and its holders must comply with the minimum period of stay of seven days, consecutive or interpolated, in the first year and 14 days, consecutive or interpolated, in subsequent two-year periods.
@anonymous69 Thank you for pointing me to para 5 of Article 42 of Lei 56/2023.
There are still many doubts about the subsequent renewal of resident permits post conversion to D2 type (entrepreneurial immigrants) and the maintenance requirement per the governing law (article 89 of Law no. 23/2007).
As you have translated above, it says ââŠa residence permit for entrepreneurial immigrants, under the terms of article 89(4) of Law no. 23/2007, of July 4, and its holders must comply with the minimum period of stay of seven days, consecutive or interpolated, in the first year and 14 days, consecutive or interpolated, in subsequent two-year periods.â
If you read article 89 of Law no. 23/2007, of July 4 (btw para 4 of Article 89 was revoked so canât even find it), here it says "a residence permit for the exercise of independent professional activity shall only be granted to nationals of third countries who meet the following requirements:
a) Have formed a company in accordance with the law, declared the commencement of activity to the tax authorities and social security as an individual or entered into a service provision contract for the exercise of a liberal profession;
b) Are qualified to carry out an independent professional activity, where applicable;
c) Have means of subsistence, as defined by the order referred to in paragraph d) of paragraph 1 of article 52;
d) Are registered with social security;
e) When required, present a declaration from the respective professional association that they meet the respective registration requirements.
Same thoughts as Tommy, once GV holdersâ resident permits are converted to D2, what happens next is unknownâŠgiven the conditions for renewal of D2 (see article 89 of Law no. 23/2007 above) are completely different from those for ARI âŠ
Hence the question: which law governs D2 resident permit holders of ex ARI?
Joelâs analysis was posted before Lei no 56/2023 was finalized and came into force, but still highly relevant!
The only reason to also mention this very subject in other discussion groups is to raise awareness. Most investors who are waiting to get their bio-metric appointment or autonomous renewal may not even know this, and D2 permits have become a reality today.
I think they knowâŠ
Hi all, I wonder if any of you who have received D2 permit upon renewal (showing card type of âTemporĂĄriaâ as opposed to âAR Investimentoâ ) 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.
D2 permit requires no investment but holders need to stay 183 days a year. 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 âAR Investimentoâ as type of residency and âAtividade de Investimentoâ under remarks on their biometric card and they only need to stay 7 days a year to maintain it. Now renewed cards indicate âTemporĂĄriaâ as type of card, and âAtividade Empreendedorâ 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 permitsâŠ
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 Habitação 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
If so, what about the legislation governing D2 residency?
There are many existing D2 holders who need to live in the country for at least 183 days a year to maintain their residency.
In the eyes of AIMA, arenât all D2 permit holders the same?
@Joan219 I replied in this thread, lets try to keep the discussion contained in one place: Golden Visa to D2 Visa - #76 by anonymous69
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@Joan219 even if we consider the âworst caseâ scenario where the ânormalâ D2 requirements would apply at the subsequent renewal, then:
- All of them are fairly easy to satisfy with, in my opinion (e.g. how hard is it to get an NISS, etc?)
- Requirements of stay for ânormal D2â are also not impossible to deal with (by the way they are more strict than 183 days, I am not sure why people quote 183 days)
- The earliest this all may apply is approx. 3 years from now, so a lot of things may and most likely will change in that time.
Easy to do for free in PT. If youâre outside PT this website says they will do it for $99: Portugal NISS - StartAbroad
But potentially very expensive to deal with due to double taxation since that will make you tax resident. Luckily Mais Habitação law seems very explicit that those stay requirements wonât apply.
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Luckily Mais Habitação law seems very explicit that those stay requirements wonât apply.
Does anyone have pointers to the section of law confirming this exemption from the D2 stay requirement for ARI conversions?
I followed the retroactive effects discussion with great interest, and donât recall seeing any definitive citation of law. The only evidence I remember seeing was a media interview, where a government minister backed down and said that they would not pursue retroactivity.