Portugal Golden Visa - The New Law of 2023

This “message” and intent coming from a top government official also paints a further bad image about the GV “minority” group. Some of us have seen how damaging and dangerous it is in some countries
when leaders call out and blame specific groups.

Imagine we do end up getting a citizenship (for argument’s sake) and move there some day, how might we introduce ourselves re: “how you got here?” (Of course, in most cases locals would just assume).

Re: our voices, they don’t really exist do they? So it is normal for locals to just assume we are “rich, corrupt people etc.” We all know its not true only because of this English-speaking forum only perhaps.

Should we bother to figure out and at least represent ourselves properly (while whoever in PT will discuss publicly about us)? Am sure no attempt will be fully effective but at least its authentic coming from us.

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My understanding is that there will be no changes to the law for at least 45 days, so yes you can presumably still apply. I suppose your issue is whether it’s worth the initial application fee of EUR 540 or so per person to get into the system and any additional expenses that apply.

It may be that having made the initial application you will end up being allowed to proceed through the process, but there are no guarantees, so take your own advice on that. There may or may not be a transition period. The government could in theory toss people out who haven’t reached pre-approval, or biometrics, or card issuance. You may also find it’s not worth carrying on with the application further down the track because of how renewals are treated. But I suspect in your shoes having made your investment I would be tempted to apply and hope for the best.

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There is a 30 day period when the Government will take feedback on the proposed changes. Either as a group or individually we should make a representation and make suggestions. The developers and lawyers may push for the scheme to continue or be extended.
However, we the investors would have a different objective and would want minimal changes for existing cases and for the process to continue and cards to be issued in a time bound manner.

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How can we make our voices?

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Exactly! every group should look out for its own. and currently we, the investors, have no one who would voice our concerns.
I doubt most of our lawyers would care enough for that, that is why we need to find a way to give some feedback to the government.

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I think the lawyers do care, not least because for some this has been an important line of business. I know several of them will be making representations to government. And operators of real estate / PE funds or GV-friendly developments will also have a commercial interest and I’d expect them to be expressing their concerns.

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let’s hope so, my lawyer always did the bare minimum for me that’s why I’m not that optimistic.

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I agree. There is a “sliding scale” of risk. I would assume that the earlier in the process the more risk you would be affected. If you are just applying now, I think the risk is substantial that you would never receive pre-approval. If you are already approved, at least what I am hearing from lawyers is that there is a reasonable degree of certainty that you will be fine.

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There are many ways to answer the question, because there are many ways to get there. You applied for and got a visa. Lots of people do that in lots of ways. Just because you own an expensive house, you can move there on a D7 and own an expensive house, and many do.

And even if you do naturalize, you’re never going to be a local. If you move there and live there, you can fit in and be accepted, perhaps, but you’re unlikely to ever “belong” so you’re always somewhat an “other”. At least the passport won’t say “got here because of GV”.

Until then of course the resident card states on it in big letters that you’re GV, and that’s
 I wish it didn’t, certainly; it does bother me.

I think it’s all going to be about how you act. If you act like a rich bastard, then you are one. If you don’t act like one, then you aren’t.

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I hear what you are saying. It’s just disappointing that we don’t want to ever say “GV” (however we word it) but have to hide it. Feels more like undocumented immigrants.

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You know, I kind of wonder if the remarks were deliberate, in order to stop the flow of GV now by creating uncertainty. Instead of the announcement creating a last minute panic to rush and get applications in, it’s caused everyone to jam on the brakes - “wait and see”, “should I invest now”, people recommending to others “don’t apply it all sucks now”. So then they debate the whole thing, then pass a law that’s reasonable and likely to pass legal scrutiny, to take effect nearly ASAP, which gives barely enough time for anyone in process to get their app in but no time for anyone who isn’t already in-process to get in under the wire.

Because you know that if this took the normal process - announcing the winding down of the GV, starting next year - there’d be a hell of a surge in applicants over the next year trying to get in under the wire, most of which would still be trying to buy houses, because Costa’s right, the predominant applicant is still buying a house - which would be the absolute last thing they want to have happen right now.

Oh sure, it’s a crappy way to go about it, but there aren’t a lot of great choices if that’s your end goal. Sure you’re playing with your reputation, but reality is that the crowd hive mind is fickle and forgets. Any politician is going to know that. It’s a calculated gamble.

And yes you’re a pawn. You had to have known that going into it. Or at least I had no illusions. Though I still wish I’d have gone HQA; it would have cost more, but was definitely politically safer.

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Thanks everyone for your two cents! Having this community’s support means so much to our family during these uncertain times.
When Costa said “if their properties are used as their own home,” I wonder if he had a primary residence OR vacation home in mind
 Or is the government trying to push GV applicants to permanently live in Portugal while going through the GV process?

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I think your analysis might be true. The surge in 2021 December was a headache for SEF and hasn’t been resolved yet even at this point, so they definitely don’t want another one, which can potentially be even bigger in numbers. BUT it is such a sick move, I couldn’t believe it’s coming from a European government.

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A cynical take.

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He probably meant it as a tax resident in Portugal, so 183 days in Portugal.
Anyhow, we won’t know for sure until next month.

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It appears some local political leaders have already expressed opposition to ‘ending’ the GV programme
as reported here
Let’s see what unfolds over next few weeks
https://www.portugalresident.com/madeira-wants-to-keep-golden-visas-al/

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All this situation forces me to start being pro-active and to file a lawsuit against SEF, since I’m waiting for the approval for already 15 months since my biometrics with no result
 Enough, time to use the laws against the state entities.

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Direct quote from a PGV lawyer’s client letter: “From the analysis made by our team, it is our opinion that the intention of the Government threatens fundamental constitutional principles, namely the right of private property and free disposal of the same.”

When the system prevents those in power from changing the rules, those in power mobilize public support to change the system.

Would venture to say the vast majority of us applying or considering PGV come from failed states or states in danger of failing. We all know this can happen because we’ve seen it in our home countries. We wanted to believe it wouldn’t or couldn’t happen in Portugal, but here it is.

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The back door is still wide open, and it’s not the golden visa.

In 2017, Portugal tweaked article 88(2) which made it possible to enter Portugal on a tourist visa, get a minimum-wage work contract, register expression of interest with SEF and continue working till approval. And so the permits issued for professional activity which were about 4,600 in 2017, jumped to 18,000 in 2018, and 29,000 in 2021. Meanwhile, issuance of ARI permits for primary holders have been flat, between 1,000-1,200 per year. (data from SEFSTAT – Portal de Estatística reports passed through google translate)

While most entering by this route stay and work in Portugal - there’s a visible shift in Uber driver demographics at least in Lisbon/Algarve - a certain number use Portugal as a launchpad to (illegally) work elsewhere in Europe during their temp residency, given the much higher wages outside.

Liberal immigration policy is great, but wildly inconsistent. It’s weird that Portugal has opened up the minimum-wage sector to practically unrestricted immigration (don’t think there are any quotas) while they are clamping down on the investment route. More people have come in on Art 88(2) in 6 months of 2021 than primary ARI investors through its whole lifetime of 10 years. And the latter have invested €6.8 billion to boot :roll_eyes:

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If anyone is thinking about legal action (too early right now - we should wait for the clarity on how they are going to treat in process applications) - we will all have the most leverage if we do this together as a “class” rather than trying to fight a myriad small battles, none of which will have scale or importance on their own.

Also, the entire cottage industry that has sprung to make money off of all of us going down the GV path (lawyers, funds, facilitators, marketers - all the advertisers on here are part of that list) should also be incented to fight back. So forming a coalition across all these groups probably gives the most leverage.

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