There is a clause in the Permanent Resident Permit Regulations for PR for investment purposes. From the SEF website:
To the citizens holding a residence permit for investment purposes and their family members, complying with the requirements provided in article 80 of the Aliens Act and wish to be granted with a permanent residence permit, a permanent residence permit for investment purposes shall be issued, exempt of the provided in article 85, n.ºs 2, 3 and 4, subparagraph b) of the same diploma (cancellation of the right due to absences from the national territory, see article 65-k of the Regulatory Decree 84/07 of 5/11, as amended). The Permanent Residence Permit for investment purposes may be subject to specific fees of analysis and issuance, to be regulated by amendments to Ordinance 1334-E/2010, of December 31.
Unfortunately, I cannot read Portuguese yet. However, on the face of it, it appears that a PR for investment pruposes does not have to spend the minimum required time for other the general PR regime. Does he/she still need to spend 7 days per year? Does he/she still need to maintain the golden visa investment? I have asked a few people in the GV business but nobody has been able to give me a convincing answer.
I don’t want to create another thread but the following questions are not related to the original question but I haven’t received a convincing answer for these either:
If the principal GV applicant applies for a PR or citizenship, what becomes of the family members who still have not completed 5/6 years as temporary residents? Will they be able to renew their own permits? Will the principal applicant need to maintain his/her investment?
What happens to the children of the principal applicant born outside Portugal during the time the PA is a) a temporary resident b) permanent resident? How will their applications work out?
Hi
What is the basis of valuation of Property in Portugal for GV. I recently found that a flat in Lisbon was being for 2,80,000 Euros when bought under GV but around 2,30,000 Euros when brought normally. I failed to understand how the Government machinery will
value the flat at different rates.
What makes you say that it is the government valuing the property?
What sometimes happens is that property owners increase the selling price when they know that the potential buyer is a future GV applicant.
From what I understand, you’re talking about market price, which has nothing to do with the government or the GV. The government will evaluate each property for tax purposes but that is totally unrelated to the market price.
Like I said, property owners will systematically increase sale prices when targeting GV applicants. This is why having local expert (real estate) advice is so important.
You can find information on price per sq2 in the area you are looking for. This will vary depending on the type of property and on how old it is. Apart from speaking to a local real estate expert, my advice would be to look at similar properties (to the one you are looking for) in different websites, ideally within the same area. This should give you a first impression on whether prices have been inflated or not
I have a police certificate that has been attested by the Portugal embassy in Canada, is it still better to get it authenticated by Global Affairs Canada as well? (the ministry of foreign affairs)
It was not required the last time I renewed my GV residence permit.
On another note;
While I’m aware that I need to submit a police clearance certificate from the country I predominately reside in,
Is it better to also submit a police certificate from a country that I have only spent 3 months in this year, where I have a temporary resident permit, and less than a month in each of the other years before?
I’ve held a GV for well over 5 years, (not including the time I once waited for over a year for it to be renewed)
I am considering applying for PR. I will have 4 years 11 months of Temporary residence when my card expires, is there any way to apply straight away for permanent residence without having to renew the TR?
The TR is not technically expired for 6 months after card expiration date, but this seems risky to let the card expire for 1 month and then apply for PR.
The next best option may be to try to apply for TR and PR simultaneously if AIMA would allow that.
There’s an interesting question here - which deadline applies, the “card issued” or “time of application”? The new law sets “card issued” for citizenship, but does this apply to residency permits?
I don’t suppose your 4+11 comes up before the final expiration of the extensions in march or whatever and you can get a free ride on the final month?
A side question, can you apply for PR and switch before your TR’s renewal date? I assume so.
I am considering whether or not to change to PR at the 5 year mark (which isn’t necessarily so far off), even though my temporary continues to run for another year and change. Partially to have an exit from the investments - though the clock on those will keep running too so it’s not actually helpful to me specifically anytime soon - but also as a hedge against yet another law change. From my understanding, PR is going to be harder to take once you have it since it doesn’t actually expire (the 5 year renewal is an administrative reissue of the card, not an actual renewal), and pretty sure EU law limits a member country’s ability to apply retroactive changes to status already given, above and beyond PT law. And of course they can change the criteria for granting PR too. OK sure I’m throwing away some fees but assuming the above is true, I’d say it’s worth that.
(The debate around citizenship and retroactivity is essentially one of whether the issuance of ARI was binding on nationality law at the time thus invoking retroactivity; for PR, the law was/is explicit and in the same act, so it’s going to be nigh impossible to deny retroactivity. And frankly, I don’t imagine it’s going to be the same hot-button anyway. As for whether continued residency in Portugal is worth it at all, that’s a different debate and let’s all skip that please in this thread, the answers are going to be individual to any person and their situation.)
For PR it was always from the date on the card. That never changed.
However, another interesting question is what happens if AIMA don’t give you a renewal appointment in time. Say you request 90 days ahead of expiration, but you only get the appointment four months later. Supposedly you’d be inside both the general 6-month grace period but at the moment also the extended validity for those who have requested renewals.
So in @portugalwanderer’s case, let’s assume that at the time of their renewal appointment five years have already passed from the issue date of the first card. Can they then still request a conversion to PR during the renewal appointment?
Given that the “recommended” way of applying for PR is to do it at the residence renewal appointment, why not just ask if you can renew to a PR instead of a TR during said appointment?
In my experience, around the world but especially in Portugal
It’s definitely worth asking for what you want directly, and then let people redirect you (to follow the rules, or whatever) if they want to/must/etc
If you ask to follow the rules, that’s not necessarily the best outcome, and despite what we’ve trained ourselves for here, it shouldn’t be required by consumers/applicants/etc!
This seems like a smart approach. And to add a higher percentage chance of success, it might be prudent to request the TR renewal somewhat close to card expiration to ensure that the appointment is after the 5 year mark, and then at the appointment request the PR renewal.
Is your TR automatically extended while waiting for PR? I think that’s true for TR renewal, but with the new citizenship law you really can’t afford any gaps in residence…
I think everything in the following overview from “RFF Lawyers” (Rogério Fernandes Ferreira & Associados) has been discussed above, but feel free to tear it apart
Anybody know what they mean by PR “can be a stepping-stone to EU long-term resident status?”
Permanent residence delivers stability, predictability, and nearly all day-to-day rights foreigners need to live and work in Portugal without waiting for the new, longer nationality timelines.
permanent residence has no expiry on the underlying status – only the physical card needs renewal every five years or when the identification details change. In practice, once reached the 5 years of legal temporary residence, this type of residence status removes the cycle of short renewals and reduces administrative risk.
The “Golden permanent residence” card is tailored to investors and their families. It mirrors standard permanent residence in rights but includes specific safeguards in areas like cancellation rules and absences reflecting the investment route’s characteristics.
This [GV] permanent residence status has specific legal aspects:
– In relation to cancellation and authorized absences, it maintains the 7 day a year rule for the compliance of the stay requirements in national territory
– Concerning the investment itself, the investor is not required to maintain the investment that granted him/her the Golden Visa
– In terms of governmental fees, there is a substantial difference compared to the standard permanent residence application fee
Day to day, permanent residence holders can work, access the National Health Service, social security, and education, open bank accounts, contract services, and invest—much like citizens.
The main differences are political rights (voting for national offices) and certain public functions reserved for citizens.
Regarding traveling, permanent residence does not equal EU free movement rights, but it significantly strengthens one’s position when dealing with EU institutions, employers, and universities, and it can be a stepping-stone to EU long-term resident status. [???]
Nevertheless, it is not a passport and does not give access to Portuguese visa free agreements.
