Moving to Portugal right after pre-approval

Hello Dmitry,

Yes, you got it right: bio done in Jan 2023 in Lisbon, no cards in sight (surprise, surprise!).

And no, I am not sure about my 90/180 clock re-set, but I have not challenged yet, fortunately! I have been travelling throughout Europe predominately by car and nobody cares about your stamps, just your title page when you check into hotels, rent a car, etc. I am hoping to ā€œargue it outā€ if I even need to, but really pray that I would not need to ever do so. :slightly_smiling_face:

I am planning a trip to Australia in December 2023 and would need to fly out of CDG in Paris. I will let you know if our buddies in France will give me grief. Of course, there is still time for Lusitanian miracle! :pray:

Cheers, and best of luck!

And no, I am not sure about my 90/180 clock re-set, but I have not challenged yet, fortunately! I have been travelling throughout Europe predominately by car and nobody cares about your stamps, just your title page when you check into hotels, rent a car, etc. I am hoping to ā€œargue it outā€ if I even need to, but really pray that I would not need to ever do so. :slightly_smiling_face:

Iā€™d be careful, you might need to prove it to some random police officer. Even if you are actually right, they might not have any knowledge of PT information.

I am planning a trip to Australia in December 2023 and would need to fly out of CDG in Paris. I will let you know if our buddies in France will give me grief. Of course, there is still time for Lusitanian miracle! :pray:

Please prepare well. Lawyersā€™ letters, Despacho, and probably prepare a printed explanation form saying why you have ā€œoverstayedā€. Maybe apostile or legalize something, if you can, so they can be honored by the destination country.

I had stressful experience in Estonia where I was asked stamp-counted, but fortunately I was out of Schengen for enough time and the timer was alright.

I understand please donā€™t exit in CDG if you can. Better London or Dubai to leave from Portugal directly. Are you also returning via CDG? Maybe that one is even more important hehe.

Good luck!

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Remember that although Portugal keeps renewing temporary permission to live in Portugal beyond 90 days while waiting for SEF to issue your card, that extension is not recognized throughout the rest of the Schengen zone. You can travel back to your country of origin, but not transit through any Schengen country or travel in the Schengen zone.

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Thank you very much for the warning. I am planning on a full preparation with as many supporting documents as I could muster.

I am flying out of Paris, and so I will be taking a flight to CDG from Lisbon. I will be returning in January 2024 through Madrid. I guess I will be taking a bit of risk, but weā€™ll see. I know what you mean, and I would not want to enter/exit through any ā€œNordicā€ countries as they seem to be much more diligent in their passport control.

Still praying, though, for a residence card! :slightly_smiling_face:

Cheers.

For those of you whoā€™ve done this, have any of you experienced or heard from your lawyers about any potential downsides in the future, besides the obvious travel hassles? Eg, any risks or problems with day to day life interacting with the cĆ¢mara, facing problems for ā€œoverstayingā€ your visa within Portugal, etc?

As for travel - once you do get your residence card, what happens with Schengen? In the eyes of other member states, you technically overstayed your visa and the new card isnā€™t retroactive to those datesā€¦ or?

My wife and I are considering this course of action as we bought a property but havenā€™t received our residency cards yet. Thanks all.

Technically you can stay inside the country without any issues as we did. Some instances you shall have issues shall be

  1. Travelling by air in low-cost airlines within Schengen area, they shall ask for documentation. Regular carries never do check
  2. Applying for project approvals from the cĆ¢mara or E-Redes needs a valid ID issued within Portugal, if you are not gonna construct or alter the electricity potential, you are good to go.
  3. A private health insurance is suggested as you shall not be eligible for a Permanent Utente

apart from that, life is normal and peaceful

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@TommyReine I would expect both points 2 and 3 to be available based on that famous Despacho, which clearly states ā€˜all public servicesā€™.
Personally I have not tested these two but I tested other ā€˜strictā€™ services such as Customs and it worked fine.

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I applied for the GV in April of this year for myself after buying a house. I also plan to bring my partner and kids to start school in Portugal in fall 24. To save money, I will get my partner to apply for the d7 instead of joining my GV app. Can I fill out a Terms of Responsibility form to fulfill the housing requirement for my partner, my parents, her parents and our kids? I read that form is just for people who are already residents. Is that true?

We have been living in Portugal since June of 2021. Application submitted November of 2021 and biometrics in January of 2023. We are still waiting on approval. We had to go back to the USA to visit aging family. We just entered back into Portugal today via Faro airport with no questions asked. Passport stamped again, an ā€œwelcome to Portugalā€. We were gone for 28 days

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My intra-Schengen travel experience from last Sunday, fwiw

Taking a scheduled bus from Strasbourg (France) to Freiburg (Germany)ā€¦ German border control spent half an hour scrutinizing everyoneā€™s passport. Weā€™re still on British passports as donā€™t even have PT pre-approval yet. Two border agents wanted to see all exit/entry stamps. They also gave a few other passengers similar hassle.

We originally planned to make this journey by train, but Sundays = track maintenance, hence the bus. Iā€™m told trains donā€™t stop for these border checks, nor do cars (as was our experience driving Switzerland > Germany > Austria > Switzerland this summer), nor do people just walking or taking the tram from Strasbourg that crosses the border into Germany.

ā€¦and the bus trip back from Freiburg to Strasbourg? We didnā€™t even pass a border station, much less stop at one.

So in short, you take your chances with 90/180 days when crossing Schengen borders. But Germany seems to pay close scrutiny to buses coming over from France, Austria, etc. these days.

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Travelling the train route from Salzburg direction Munich, I have always encountered German Police control on the train at Freilassing.

Going back many years now.

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From an article today in travel biz.com:
ā€œ The Portuguese Parliament is currently deliberating a significant change in the nationā€™s citizenship laws, with the aim of simplifying the process for foreigners who have already made Portugal their home. This proposed shift could open new doors for those seeking Portuguese citizenship, attracting individuals from diverse backgrounds.ā€

It goes on to say that they are contemplating altering the start of the 5 year time clock to when a person receives permission to stay in Portugal. It doesnā€™t specify what specifically constitutes ā€œpermission to stay in Portugalā€, but if it means when you get pre-approval or when you actually moved to Portugal while waiting for biometrics and residency card, it would be fantastic. I applied for the GV in May 2021got pre-approval in OCT2021 and moved to Portugal March 2022, biometric appointment Jan 2023, and still waiting- but if this passes, it will shave between 1 and 3 years off of the 5 year timeline. Devoutly to be hoped!

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I think you may already be able to apply for citizenship in this timeframe (if you legally live in PT prior to issuance of a card I.e. a pre-2022 applicant like me)
See here

Legal residence (i.e. approval of the application) or authorized residence (i.e. Moving to Portugal after pre-approval)? Was your attorney specific as to which? There can be many months between pre-approval, moving to Portugal after pre-approval, attending the biometric appointment, and someone processing the paperwork before issuing the residence card. For me that time lag has already been25 months since pre-approval, 20 months since moving to Portugal, and 12 months since the biometric appointment. Still no word about final approval and the residence card. I am hoping that at least some of that time will count to the 5 years.

The reference was to 5 years of legal residence. If you applied before January 2022 you can legally reside in PT, as we have both done ( you March 22, me April 22) - refer here:

So in this case itā€™s not dependant on pre-approval / approval timelines.
(For those applying after Jan 2022 there may be points in the application process where they can commence legal residence but I didnā€™t discuss, since in April 2022 I was not pre-approved and not relavant.)

Isnā€™t this all academic, however, if you are an ARI applicant and do not spend your average of 7 days a year in the country before getting your card? And if you are spending a significant amount of time in the country as in moving there, shouldnā€™t you just get a D7?

For some it could be academic, but not in my case since Iā€™ve already applied for ARI & moved to PT in 2022 (and spent >183 days last year, paid my taxes in PT and donā€™t have a card yet).
To your second question - yes, I could change to a D7 but I applied for the ARI in 2021 and when it arrives it gives better long term flexibility and thatā€™s what I wanted, I didnā€™t know how much Iā€™d enjoy living in PT.
FWIW it wasnā€™t (and isnā€™t) my primary goal to get citizenship, if itā€™s available Iā€™ll take it but otherwise Iā€™d settle for PR.

Every new law shouldnā€™t be traceable just as the new GV law does this year before,isnā€™t it?

The link is broken; I found the article here:

We kicked this around in September:

https://community.nomadgate.com/t/naturalization-citizenship-requirement-changes-potentially-coming-in-portugal