Artigo 80.º do REPSAE, conjugado com o Artigo 64.º e 65º-K (para titulares de autorização de residência para investimento ou familiares seus) do Dec. Reg. n.º 84/2007, de 5 de novembro, na sua atual redação
Portaria n.º 1563/2007, de 11 de dezembro
In principle, Art 80 of Lei 23/2007 and 65-K of Dec Reg 84/2007 apply, so you get an (expensive) ARI-specific permanent residence permit.
But if you applied for your ARI with real estate, and you renewed into a special D2 visa under the MH changes, I’m not sure 65-K will apply any more. You might be eligible for regular (and cheaper) permanent residence. I doubt anyone has reached this point yet.
Although good luck getting an appointment for either…
Yes, although I find Art 42 a bit confusing… it seems to say
a) If you have a real estate ARI, you can renew it, and it becomes a D2
b) If you’ve had a real estate ARI (for 5 years), you can still apply for a permanent residence permit (the ARI version)
What it doesn’t seem to explain is what happens if you have a real estate ARI, you renew it (as a D2) and later (armed with your D2) you apply for permanent residence. Because at that point you no longer hold “a residence permit for investment activity”, so 42(4) doesn’t apply to you.
To your point, I imagine if you just arequest an appointment with IRN they will give you one, and you can file application for PR (regular type). Based on the card itself, IRN has no way to distinguish that you have a special D2. This is the type of predictable chaos created by the government’s haphazard and ill conceived implementation of MH.
I’m pretty sure I saw someone either here or in a whatsapp group recently who’d applied for a normal permanent residence after holding the GV for 5 years. I don’t recall if he said he’d got it.
Dear Community,
Thank you very much for the discussion.
In this thread, D2 was mentioned. Is it worthwhile to switch from a GV to a D2 visa if I am the CEO of a Portuguese company? With a D2 visa, my renewals will be in IRN, not AIMA?
What benefit would that switch bring you, if you still need to do it with AIMA (i.e. booking a non-existent appointment on a non-functioning website) in the first place?
Besides, if you are on a real-estate GV you would be switched to D2 anyway at your next renewal.
If you move to Portugal, you may apply for normal PR. Most likely, you will be asked for IRS declaration for last year in Portugal among other documents as AIMA started to ask that for renewal of all other permits except ARI. However, you will also need to cancel yr ARI program, otherwise yr only option is expensive ARI PR. It is not easy to cancel ARI program and not all AIMA officials know about that. We have been talking about that in that forum about a year ago. There were even some real examples that people managed to do it.
Hi Olga!
Which forum is that? We have been living in Portugal for 5 years already, applied for citizenship but while we are waiting out GVs have expired
Very interested in applying for Permanent Residency and would very much appreciate talking to anyone that successfully canceled their ARI and got PR.
