Moving to Portugal while waiting for preapproval

Hi all. I have found this forum so useful in finding out about the entire Golden Visa process and getting updates and views on the recent drama. Was wondering what to do in my situation. My family and I filed a golden visa application june 2022. We are planning to move to Portugal in July or so this year. Since hearing anything further from SEF is unlikely, is the right thing to do just to move on a tourist visa? I asked my lawyers about applying for some other visa but they said that is likely to impact the golden visa application. They said to just come on the tourist visa as I am not an ordinary tourist but one with a pending application. I read that this might have been the law in the past or for people who applied before 2021. If I do what my lawyer says and move to Portugal on a tourist visa, will I just be deemed an overstayer or some illegal immigrant and have my application rejected at some point down the line when it comes time for the residence card? Thanks for any advice!

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This link - similar title - which predates your post - may provide some insights. The consensus, as I understand it, is that once you enter, you may have difficulties travelling until your situation is regularized: Moving to Portugal right after pre-approval.

Another link: Moving to Portugal before GV residency cards are issued

Definitely don’t apply for a D7 or other as it will invalidate your golden visa app

If you move after pre approval you won’t be able to travel outside of portugal

I would not move before preapproval

@barbri how has it gone for you? Did you move over on your tourist visa? Has there been any movement on your application?

I am reaching out for some guidance, we are March '23 GV applicants (interior real estate), obviously we still have a multiyear wait for our first residency card. We would like to move to Portugal in July of 2025, living there a minimum of one year and enrolling our children (ages 14 & 15) in school. If we haven’t heard anything regarding our application closer to our move date we will file a lawsuit. We are hoping a lawsuit in country will move things along, if after a year of living there we are still in limbo we will need to leave Portugal as both my husband and my work necessitates travel throughout Europe, we are US citizens. Is anyone else in a similar situation, moving to Portugal before preapproval? I know there are protections for those who applied earlier but are we also afforded those protections?

Did you look at this thread:
Moving to Portugal while waiting for preapproval ?

There is a wealth of information. And just FYI, you can move there even before the pre-approval, as nobody bothers you here and no one checks your immigration status. I have been in this limbo for two years, living in downtown Lisbon, and it works just fine. If you do need to work here, that might be a different story, as most employers would prefer to see the card. Otherwise, move in anytime.

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Hi @PCERoman thank you for your response, I have read all of the threads on all of the forums. It is hard to get any information from our lawyer, so I was hoping to get current information from those who are living in the country without reapproval. I appreciate your feedback and find it somewhat encouraging. I think we will just move over in July '25, enroll the kids in school and start living our lives.

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If you are planning to make Portugal your home, that’s a great plan.

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I also moved with my family to Portugal without receiving preapproval. Was nervous about just coming here to live without “formal” approval and got a lawyer’s letter saying we applied for golden visa and are waiting etc. I’ve been in and out of the country 7 or 8 time since and just tell them upon arrival that I live here. Maybe twice they read the letter, other times they just wave me through. Seems fine to go in and out while in this legal limbo. Would just make sure to fly in and out of the EU through a portugese airport.

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This is my main interest at the moment as well, being one of the June '22 submission queue. However, my main hesitation to relocate right now is the implementation of EES/ETIAS, which is outside of Portugal’s control if I understand correctly. I fear we will see legal issues arise from conflicts between Portuguese de facto practice allowing GV applicants to “overstay” normal limits within Portugal’s borders and the EU-wide tracking system meant to flag such people. EES is set to begin on November 10th. If anyone awaiting preapproval who has spent significant time within the country gets some firsthand experience with entering and exiting the EU after that date I would be very grateful to hear about it. Wishing you guys the best.

EES probably will be delayed yet again (see article below)… but you have a valid concern that once EES is finally implemented, the discretion/laziness of the border agent will be replaced by a EU-wide computer system providing a definitive yes/no to your 90/180 limit.

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Thanks for the updated info. Yes, that is my expectation. I doubt any lawyer’s statement will matter at that point. Perhaps if one enters Portugal before the system is implemented and does not leave until a residency card is in hand, however long that takes, it will be fine. If I did not have an elderly relative in the US and might have to return for an emergency, that would be my plan.

I just posted this on another thread… as per the guys in this video, it seems that you can move:

See at around 17:10…
Screenshot 2024-10-17 184639

If you contact these guys and get any additional information, please do share.