Portugal Golden Visa - The New Law of 2023

Yes but it only affects you once you need to renew or maybe the initial card if you applied late

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Costa digs inā€¦ ā€œGovernment will keep all the measures presented in the More Housing packageā€

ā€œThe Government will maintain all the measures presented in the ā€œMore Housingā€ package, according to SIC NotĆ­cias. According to the channel, the measures will undergo minor changes due to the contributions collected during the public consultation.ā€

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One interesting bit from that article:

End of gold visas

Gold visas will no longer be granted for the acquisition of real estate, with the Governmentā€™s proposal to make some fine-tunings to the renovation (every two years) of those already allocated, providing, in particular, that this only happens if the property is used as the ownerā€™s own and permanent residence or descendant or if it is placed on the rental market for own

Implies that other GV pathways may remain openā€¦

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Yes, but the fact remains everything is uncertain for the duration of everyoneā€™s GV process and deals with the Portuguese government are not to be trusted. Buyers beware, or better yet, run.

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Thanks for posting this. It seems like the government is planning to go full speed ahead and the president called this a poster law. Weā€™ll see soon how this ends up.

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Another articleā€¦

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"The Council of Ministers will approve this Thursday bills with various measures to combat the housing crisis.
ā€¦
End of golden visas

The end of residence permits for investment activity, the so-called golden visas, is another of the measures planned to ā€œcombat real estate speculation.ā€ The Government has already approved the end of this program created in 2012 but has not yet created the legislation to make this happen.

But the intention of the Executive is that the suspension of new golden visas will take effect from February 16, the day the Government presented the legislative package for housing. Already the requests for renewal that will only be authorized if the holders present proof of residence or lease."

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Seeing that Marcelo seems inclined to veto this legislation, would the legislation as written require a two-thirds parliamentary vote to override his veto?

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We need to see the final proposal details to be approved by the Council of Ministers.

Not sure. Hereā€™s my reading of the constitution:

  1. The 2/3 majority is required ā€œin the case of organic laws (i.e., designed to lay the foundations for strategic decisions, such as the organic law of the National Health Service), external relations, limits to economic sectors (private, public, co-operative), or electoral mattersā€. Donā€™t know if Mais HabitaĆ§Ć£o meets that test.

  2. Additionally, if the President refers the matter to the Constitutional Court, and the Court rules it unconstitutional, then Parliament must fix the issue (and return it to the President), or pass it with a 2/3 majority (in which case the President has to sign it).

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Can anyone explains why ā€œresidence by investmentā€ is treated or perceived so badly?

" The only category excluded from benefiting from the facilitations that arise from the amended law on EU long-term resident status are those who hold a residence permit solely on the basis of an investment scheme in any of the Member States."

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It sure sounds like this proposed law will be a limit to economic sectors and with its retroactivity, be unconstitutional. And I donā€™t see how they get two-thirds to push it through. The Socialists and other left wing parties together do not have the numbers

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Because the EU ā€˜leadershipā€™ have a certain business model at play, which is based on high-volume / low-value transactions when it comes to ā€˜movement of peopleā€™.
I will not go into the details publicly at to ā€˜whyā€™ but I hope ā€˜sapienti satā€™.
And not only EU by the way, I can name two more countries with two-letter acronyms which are in the same way.

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I guess they want people who actually live there, not just wealthy foreigners trying to buy a backup residence or passport.

This is the first time I have seen them call out ā€œresidenceā€ specifically rather than ā€œcitizenshipā€. My theory was that ā€œcitizenship by investmentā€ (eg, Malta) is what the EU really disliked, but I guess they dont want any investment schemes at all.

Hopefully this path doesnt end with the EU disallowing freedom of movement for citizens who got their passport via investmentā€¦

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Its wild that the government gets a second try at passing an unconstitutional law if they have enough votes. One might think ā€œunconstitutionalā€ is the end of the line (otherwise, what is the point of having a constitution?)

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Hi all, do you have any updates on the presentation of the final draft of the law? I believe they will also vote on it today? Thank you very much for any feedback :pray:t3::heart:

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The Portuguese government will present the final version of its controversial ā€˜Mais HabitaĆ§Ć£oā€™ (More Housing) programme this afternoon.

Reports SIC, the presentation will happen at around 4.30pm in SetĆŗbal after the Council of Ministers meeting.

Final version of housing programme to be presented today - Portugal Resident

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Indeedā€¦ although since Parliament can amend the constitution by 2/3 majority, I suppose this is just an alternative way of doing that - ie if 2/3 of MPs disagree with the Court and declare that something is actually constitutional, it becomes so, by definition.

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I wonder how often thatā€™s actually happened in Portugalā€™s parliamentary history, or if anyone whoā€™s studied Portuguese law knows of a precedent.

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We are not likely to see two-thirds supporting this law. The PSD center right party itself controls over a third of the seats. Has anyone heard from their leader about this?

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It is already past 6pm. Which website is good to monitor when the draft law will come out?

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