Moving to Portugal right after pre-approval

Oh that’s the best news I’ve heard for ages!! Well done you, (and get booking some flights me!)

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How long did you over stay in Portugal? Was you out of Portugal long enough to ā€œgainā€ any days back for re-entry?

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@mborcherding and All - can you please remind me what official document (despacho?) permits the entry and stay in PT with pre-approval papers only?

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I moved to Portugal on March 15 and stayed in the States 3 weeks before returning to Portugal. As a golden visa applicant I only need to be in country 7 days a year, but I do live here perminantly. However, since I have overstayed my Schengen 90 day visa I can’t travel to any Schengen country until I get my residence card, and who knows how long that will take. Been waiting for my SEF appointment for more than 14 months.

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Thanks for replying! Did you have to show any documentation , proof of SEF application etc… on re-entry into Portugal?

Looks like I have found the answer to my own question :grin:
https://dre.pt/dre/detalhe/despacho/12870-c-2021-176908200

I believe this is the latest ā€˜despacho’ on this subject, dated 31 Dec 2021.

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Barely showed my passport. He stamped it in a hurry, no questions, and I was on my way. Frankly, I was shocked.

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Tommy - Thanks for this link. I’ve read it a couple of times, but I’m struggling to interpret it, tbh.

So - somewhere within this content, is it saying that it is ā€œlegalā€ to start living in Portugal, after Pre-approval of GV has been confirmed?

I’m unclear at exactly what stage of the GV application process an individual is able to start going to Portugal and overstaying the 90/180 rule.

I have only just been pre-approved, so am expecting many many months of waiting to even be invited for a biometrics appointment… let alone attend one! Obtaining my card realistically isn’t going to happen at least, and at best, until 2024.

I’d like to ascertain now though, when I can legally go to Portugal and remain beyond 90 days?

I think my lawyer has said this will not be until I have the residence card literally in my hand. But based on submissions on this thread, I’m not sure if this is correct, and maybe I can challenge my lawyer on this point?

Any insights/ advice/ thoughts on this topic will really be most gratefully received!!

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I personally have not tested this ā€˜Despacho’ as I have not yet overstayed.
Everyone I showed it to though seemed very surprised and impressed :smile:
Including my lawyer, my customs broker, my local Financas office…

You should look for the quote which talks about ā€˜pending processes with SEF’ or something along those lines.

There you go, I have found it:

ā€œ considera-se ser regular a sua permanĆŖncia em território nacional, com processos pendentes no ServiƧo de Estrangeiros e Fronteiras (SEF)ā€

I definitely have a ā€œpending process with SEFā€, I even have the ā€˜process number’ - that’s the one showing on your SEF ARI portal if you look it up.

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Tommy,

Where did you find this quote? Would you please share the source (unless, of course, it is strictly confidential)?

Thank you.

This quote is from the document I shared in my post above in Nov’22 :grin:

Thank you. I will look for it.

And if you are not sure if it applies to GV, my answer is Yes - see clause 2a which mentions

ā€œ 90.Āŗ-A da Lei n.Āŗ 23/2007, de 4 de julhoā€

  • that is us, GV applicants :slight_smile:

Actually, the document states in the end of the preamble that is valid ā€œno Ć¢mbito da doenƧa COVID-19ā€. Is it still considered in force in light of the ā€œend of the pandemicā€, so to speak?

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In my humble non-legal opinion, this Despacho is still in force and applies to your case as long as you initially applied before 1 Jan 2022.

The context of the pandemic is meant to say that SEF had delays in full years of 2020-21 hence this Despacho is extending the validity of previous ones.

It does not put any condition on the future continuation of the ā€˜pandemic’.

Thanks. I hope you are right. I will know in a month once I am leaving after an overstay in light of SEF appointment.

Sure, I recommend you print out this Despacho just in case.

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I certainly will! Thank you for posting it!

To U.S. Applicants:

I have finally managed to receive the text of the Treaty signed between U.S. and Portugal that grants 60-day visas to U.S. citizens with ordinary passports (that’s what most of us have). I am planning to have it on hand when I exit Portugal in a month in case someone starts questioning my status. Frankly, I don’t anticipate issues, but just in case, it might be good to have it on hand if you overstayed your automatic 90-day Schengen visa.

Text of US-Portugal Visa Treaty.pdf (1.3 MB)

Please note, this does not allow you to travel throughout Europe, but you can stay in Portugal beyond the 90-day limit if it is honoured by SEF at the airport. Book your flight to a non-Schengen destination so that you go through the border control in Lisbon.

Good luck!

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