This is great news overall. Whilst there were many differing opinions on this thread (at times less optimistic than warranted!), there was little to no chance the law was going to be passed with retro-active effect.
If anything, the governmentâs tactics of applying this law retro-actively created a lot of awareness of the programme ending, and may end up having the opposite effect increasing last minute applications.
The GV law has never mentioned citizenship. The citizenship law is separate and requires 5 years residence. However in Portugal, the residence is counted just based on the time you hold a residence card.
This is unlike many other countries where the naturalization itself requires a minimum of physical presence.
In Portugal, this is instead enforced by the type of residence you hold - most types of residence card require being in Portugal majority of the time to maintain (but GV is an exception).
I have a pre-approval. So will my investment now be looked through the lens of âis it entrepreneurialâ? Does another agency need to re-look and approve or reject it?
Yes, I know all that. The style of extensively referencing other statutes is somewhat obscure. So when it says something like âSĂŁo revogados a alĂnea d) do n.Âș 1 e os n.Âșs 2 a 4 do artigo 3.Âș, o artigo 90.Âș-A e a alĂnea r) do n.Âș 1 do artigo 122.Âș da Lei n.Âș 23/2007, de 4 de julho, na sua redação atualâ it isnât obvious on its face what is being repealed.
I am wondering about the same thingâif investments made that fulfil the new GV requirements that took effect in 2022 are protected.
I am also wondering if the current bill guarantees the ability of those with a pending application to renew the visa (GV or the new version) up to the 5 year mark.
Perhaps the creation of a special variant of the d2 visa allows the government to officially cancel the âgolden visaâ while not retroactively changing the deal? They call it entrepreneurial but in this case the existing investment is the âbusinessâ.
Suddenly the EU is off their back, rich GV holders are successfully scapegoated and the government gets a win, and GV holders dont get boned.
Artigo 122.Âș
Autorização de residĂȘncia com dispensa de visto de residĂȘncia
1 - NĂŁo carecem de visto para obtenção de autorização de residĂȘncia temporĂĄria os nacionais de Estados terceiros:
r) Que façam prova da atividade de investimento, nos termos a que se refere a alĂnea d) do artigo 3.Âș
Win Win Win! I donât think anyone has an issue with the current legislation.
Everyone accepted that the Republic has a right to scrape the program, as long as they honour their current commitments and donât do it in a manner that would ignore any pending applications. They did that.
So⊠about where I figured weâd end up at the end of the day.
Costa and PS can go back to their base and say âwe triedâ and blame the process and the lawyers and courts and everyone but themselves for why they couldnât get everything they wanted. Comes at the cost of our fretting and acid-reflux but this is probably just how politics work there.
For us, reality reasserts itself and we can move on. Win.
The immigration-lawyer community will just pivot to selling HQA. they still have the recurring revenue of the renewals to tide them over.
Universities and research centers win because they get a cut of these new HQAs in various ways. Weâll call this a Good Thingâą.
Some few of those HQA startups might actually go somewhere and help Portugal. Probably not many, but > 0 certainly. Weâll call this a Good Thingâą too.
The fund managers canât grow, but they already have a bunch of funds they can get 2/20 off of so theyâre fine. And frankly the non-real-estate funds were having enough issues finding deal flow to put capital into anyway, so this isnât necessarily a bad thing. As @gavin3 has multiply noted, a lot of gov officials were looking askance at the real estate based funds for other reasons, so they knew they were in the crosshairs anyway.
The real estate industry loses the easy willing-to-overpay GV customers, but they have enough Americans on D7 willing to overpay so theyâre fine, and itâs not as if thereâs a ton of inventory to sell anyway.
The biggest loser here is Mercan whose whole business model now collapses, but Iâm sure theyâll make hay while the sun shines and push through as many applicants as they can before the law changes. The rush of applicants will probably make Dec 2021 look like nothing. I wonder if weâll see multi-year pre-approvals.
Or maybe a miracle will happen, the re-classification as D2 will speed things up, and weâll actually get processed at the same speed as D7. That would be amazing!
I am still thinking there is SOME retroactive changes in that it asks a NEW set of agencies to opine on the appropriateness of our investment because I only have pre-approval, and there is still an approval stepâŠ
Difficult to say if the government really âyieldedâ anything or this was their plan all along and the PM was just being vague about it for ⊠reasons.
we need to clarify whether the key is upon renewal, whether the GV will become a normal D2 and need to fulfill all the D2 requirements (except minimum stay period). Not sure if it is a worse deal than the original golden visa.
For example, GV can be renewed as long as the investment is maintained, but what will happen if the special D2 visa expired? Can it be renewed under the special terms? Does requirement for D2 visa such proof of setting up companies, financial resources, etc need to be fulfilled? (seems so under this legal text)