"That unified case law is a decision by the Administrative Supreme Court that is primarily applicable to individuals already residing in Portugal on a permanent basis. What was established was that, in these cases, individuals are entitled to use the Special Law Suit. [based on urgent reasons and fundamental rights violations]
ā¦if the preliminary rejection was because you do not reside permanently in Portugalā¦ the unified case law is not clearly applicable.
If true, this new unified case law is actually bad news for most (non-permanent resident) GV applicants looking to use āurgencyā in a suit against AIMA. There are hints of this trend in the āSubpoenasā point in this post.
Franz Kafka could certainly write another novel with this situation, yes
The court treats locals favorably, people who dont live in PT use addresses they dont reside at to appear local to the court. The very definition of a āfalse addressā.
This means i was grossly misinformed by my agency. I was told that with the new ruling, itās almost guaranteed to win the lawsuit. According to Henley and the poster above, the case seems to be the completely opposite - itā almost guaranteed to be rejected if iām not living in Lisbon
Can anyone whoās been through the lawsuit recently comment on this? Will buy you dinner next time Iām in Lisbon
It is clear that they used a valid address (belonging to a distant relative) - there is nothing wrong with having a local representative in Portugal to administer their affairs.
It is clear that they would experience hardship applying for employment, irrespective of whether or not they physically reside in Portugal - nothing āfalseā here!
If the summons gave the court impression that they were already in Portugal, that was an issue with the courtās interpretation as they never claimed that it was their permanent address.
This is a great time to put the concept of āfalse addressā to rest!
You have to decide who to trust. Youāll get different answers from different lawyers (whether in PT or the USA or presumably elsewhere). Bad lawyers may misinterpret things, laws/regulations may not be clear, etc.
Donāt necessarily trust the negative folks here. Thereās a lot of incentive for those angry and frustrated with the process to spread FUD
Actually I do agree that this particular example is valid. What I disagree with is, say, telling a bank or financial institution that you are resident in X country when you actually live in Y country. These banks do ask you to declare your tax residency every year for CRS reasons so if you tell them otherwise you are mis-leading them. Second case would be a driving license. The countries I have lived in do not allow you to maintain your driving license if you live overseas (the UK being one). That isnāt about having a local correspondence address, itās about being honest about where youāre resident. I know that really sucks if you canāt get one in PT until you have your residence card - sounds like good grounds for an urgent court case. The alternative would be to maintain legal residence in both countries - but that has potentially big tax implications and would involve a lot of travelling back and forth.
Someone made the point earlier that this forum is called Nomadgate for a reason. It is here to share the experience and tips on how to extend your horizons and go out of the ānormā. Whereas the ānormā is for someone to be domesticated by a certain government and live their entire life in one single place. Some governments are more restrictive that others but they all make their laws and regulations with this ānormā in mind which is most convenient for them. So obviously they would never make life easier for someone who wants to live in two or more countries at the same time, this is a huge red flag for them as they would be losing control over you.
Those points might be valid for the case of the UK, but for it does not work the same for the U.S.
First, on the federal level, you are a tax resident of the U.S. no matter where you live (unless you denounce your U.S. citizenship). On a state level, you can claim āno residenceā in any state if you live abroad more than 183 days or so. That will absolve you of some state tax obligations, depending on the state (and there is a big difference between the states on this issue).
However, you really do need a valid address in the U.S. That might be your relative or some fiscal representative, but you will need one. Your fiscal and administrative communication will be routed through it. The U.S. banks do care about your address somewhat, but it works different for us in light of the overall tax obligations.
Second, the U.S. actually does allow at least two driving licenses: one domestic from any state, and one foreign. The domestic one is tied to a valid residence address, and can be used abroad if allowed. Hence there is no real breach of the U.S. law.
The Portuguese law allows people under 60 form UK or U.S. (and many other countries) to continue driving with their existing foreign licenses, but only up to the age of 60. Afterwards, you must exchange your foreign license (U.S. in my case) for a Portuguese oneā¦ However, you need a residency card to do so, hence the Kafka loop.
Thanks for explaining the differences in the US. Always worth explaining the nuances as in other countries it can be quite an expensive error!
I think the issue with the UK license may actually come about when you are driving in the UK not Portugal, if you visit, as the UK does not allow overseas addresses, and nor does it permit you to use someone elseās address. Not a problem if you maintain residence in both countries, but for the UK that can have big tax implications. So I can see why this issue is causing hardship for some people who want to move to PT and are waiting for their residence cards.
The term āFUDā was created for crypto, ostensibly to prevent short-sellers and market manipulators from destroying or hobbling projects that were otherwise worthy of support.
So how does that apply here? Is my application going to move faster if I convince the 500 people who join this forum every year to abandon their applications while there are still 400,000 applications ahead of ours? Am I waiting for you all to give up on your ARI applications so I can buy your overpriced real estate and high-fee fund investments at a lower price and then resell it later?
What is my incentive? How do I benefit from telling people the straight truth about whatās already happened? Please tell me as I havenāt gotten a single bit of benefit from my ARI application so far after almost three years and hundreds of thousands of euros out of my pocket.
And why do you care whether people are happy with ARI or not? This isnāt like crypto, where all stakeholders benefit if the price goes up. Itās actually the opposite ā the more we believe blindly, the more likely we are to be taken advantage of and have our lives upended by the many disingenuous shills telling us what we want to hear rather than the hard truth.
Give it up mate. People here, including myself, have been nice to you and also sympathetic because you chose terrible lawyers to issue your summons and you were unsuccessful.
If you put half as much energy into finding competent lawyers and writing a viable summons as you use for slandering forum members with your fantasies then you would also be successful. History is against you here. We are living happily in Lisbon now. You are not. Learn, be grateful, and move on. Donāt make me report you for this continued harassment and abuse.
After many misfortunes, I finally got an appointment in August and our family completed the biometric appointments. Thank you all for the great advice, information, and company. My first lawsuit failed while the second one is still ongoing. So the appointment was not due to any of the lawsuits.
Now the question for us is whether to sue the AIMA for the final approval. My golden visa lawyer said that final approval could take 1-2 years. The journey has no ending.
I donāt see the need to sue for final approval. I only did because at the time it was reasonably priced and before the rule change about citizenship applications
Aima issued my duc but not my wifeās. I paid it, and now one or two months later still no card. I could go back to court, and might if it might lead to punishment for people at aima, but if it wonāt, Iām not bothered. Having the visa doesnāt do much for me that my US Visa waiver doesnāt already
Were you able to cut a deal with NSM to continue to file the same lawsuit until you got a judge that was sympathetic to the urgency? I saw you recommended that to others and was wondering if NSM was able to offer that to you, and how much extra they charged for that. Thanks for your advice btw, reaching out to them now!
Anybody here have experience filing a lawsuit using IAS? they are who processed my visa application and I figure that might just be the easier way to go, or wondering if I should get a lawfirm that specializes in these lawsuits instead.
