Some users have had success suing the sef to get timely preapproval and such. Certainly much faster than waiting
Garrett - Can you explain this strategy to me? On what grounds would I have to sue the SEF?
I did this all via Prime Legal - my Portuguese real estate lawyers. I was recommended to them via somebody I met here on Nomad Gate. If I wanted to sue the SEF, what would my POV be? What have they theoretically done wrong at this point? Thanks very much.
Currently they’ve done nothing wrong to you. Which is why I say have the suit ready for as soon as they take longer than they’re allowed for preapproval, which they almost certainly will.
I am fairly certain there’s a legal time limit for preapproval, @cj807 can comment more authoritatively I think
Garrett - are you saying that 90 days is the legal limit, and this whole entire ~2 years waiting process is technically illegal? thus the ability to sue?
The law says 90 working days from biometrics to final approval (assuming you get approved) - it gives you very strong standing when you go to court to demand instant approval under the law.
I asked this very same question multiple times to my lawyers, I got the same response each time 'no, the 90 business-day rule only applies to the initial analysis - preapproval- ’ They told me SEF has 9 months to make a decision on final approvals.
I think the question of these deadlines is murky at best. People seem to have settled on periods of 60 days for pre-approval and 90 days for final approval. But it’s not clear to me where these come from.
Article 82(1) of Law 23/2007 of July 4, as amended, says “the application for a residence permit shall be decided within 90 days”. But when is the “application”? Is that the initial filing, or the biometrics session itself? After all, the in-person appointment isn’t just for biometrics - we’re submitting a sheaf of forms, signing them in front of the SEF officer, etc.
Consider the SEF manual. It talks about five parts of the process: (i) reception of documents, (ii) analysis/instruction, (iii) Regional Director’s decision, (iv) security control, (v) National Director’s decision. The manual says echoes the Law: “After receiving the completed documentation, the following steps must be observed within a maximum period of 90 days.” The steps described include checking the documents are complete, preparing a draft report, getting RD sign-off, sending it up to the National Directorate, etc. It goes on to describe the Decision process (notification, payment etc) and specifies “scheduling within 10-60 days for the collection of biometrics, if is has not been carried out at the beginning of the procedure, at the request of the interested party”. So the 60 days seems like a red herring - it applies in the unlikely event biometrics hasn’t already been done.
Then there’s a bit of case law at the SEF’s helpful Legispedia site (LEGISPÉDIA de estrangeiros e fronteiras - Artigo 82.º – Decisão e notificação) that seems to suggest that the initial application is only an “expression of interest” which does not “trigger the administrative procedure”, and that the SEF’s duty to make a decision only exists when they decide to open the administrative procedure.
My interpretation then is that the formal process kicks off at the in-person session, when the forms are signed. Then SEF has 90 days to decide. (NB these are business days, not calendar days - that’s set out in DL n.º 4/2015, de 07 de Janeiro at Article 87(c))
Article 82(3) also introduces the idea of tacit approval - that if SEF fails to meet the deadline, the permit is granted automatically. Reading Art 82, I’m pretty sure this only applies to renewals, not the initial issue of a permit.
So my feeling is that the SEF is under no time constraints to give pre-approval, schedule biometrics or conduct biometrics. I think they have 90 business days from biometrics to decide. But the only remedy is to file suit at that point.
Having said all that, it seems that courts are ordering SEF to issue pre-approvals and schedule biometrics. I’m not clear on what legal basis that’s being decided. I’d be interested to learn more on this, as this feels like an area I haven’t fully understood. (And eg it’s the opposite of what servetttasman’s lawyer says.)
Is there any way to get a copy of the court decision to see the courts thinking on this?
Not sure. There is a court rulings database at IGFEJ - Bases Jurídico-Documentais
This seems to cover:
Supremo Tribunal de Justiça (Supreme Court of Justice)
Tribunal Constitucional (Constitutional Court)
Tribunal Central Administrativo (Central Administrative Court)
Tribunal dos Conflitos (Court of Conflicts)
Tribunais da Relação (Courts of Appeal)
Tribunal Central Administrativo (Central Administrative Court)
But I don’t think it includes lower courts (Tribunais de Primeira Instância) where I’m guessing most of the regular cases are heard.
The case I mentioned above is at Acordão do Tribunal Central Administrativo
Perhaps one of the lawyers on this community can point us in the right direction to educate ourselves.
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Would love to speak to you about current events in Evora?
We’re a couple of years away from this original post. How is everyone feeling about their Quantum investments?
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Currently thinking maybe not one of my best investment choice but oh well at least I still enjoy being employed.
Yes could everyone please update their Quantum investment experiences?
Mine has been bad. I invested in Blue Palace. I visited the site and was given a great tour, treated well, and told progress was happening. A payment of €61,250 was to be paid 12 months after signing the deed.
That was in Aug 2023. Today is Nov 2025. I have gotten ZERO.
My lawyers tell me legal action against Quantum is the only foreseeable move, since they are not paying their investors and no actions seems to be happening.
Thanksfully, Pedro at Quantum, does respond to my emails. But it’s the same thing over and over again of “Please wait the money is on it’s way”.
My lawyer assures me this won’t affect my eventual citizenship or residency, which is my main goal. But it’s still been pretty bad so far.
I am optimistic about it though. Hoping it’s just a matter of time, red tape, and everything eventually works out.
How about everybody else with Quantum?
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You may have noted their last communication that Pedro is now gone from the company - he is related to the owners.
Yeah, I saw that. To me that’s a bad sign, but I’m not sure what it really means in the end. The email did also say that payments are set to go out by February, which is a good sign I suppose. We’ll see what happens. Anybody else gotten their payments yet?
Has anyone dealing with Quantum had their PT tax attorney tell them they were looking to get invoices from Quantum for tax refund purposes and Quantum told them they were simply an “intermediary” and would not issue invoices for tax purposes? This was dealing with expenses for deductions and refunds our tax team seemed to believe was available last year.
We got a refund last year based on expenses and now the tax authority is not accepting the submitted documentation without invoices. Quantum will not provide them so I am being told I will have to repay the money my tax team got back last year…we are going backwards.
Seems like bureaucratic terrorism with a paperwork exercise Quantum is not stepping up to.
Besides not paying contractual commitments, anyone facing this invoice issue?
I am disappointed to hear about these similar experiences with Quantum not paying. They told my lawyers I would have payment in February (after all of the other past assurances). February is behind us and no payments. Is anyone else considering legal action to get their money back? If so, I’d welcome a strategic discussion. If I’m totally off base with my concern, I’d also welcome insight and opinion.
Just as they have managed to get one project started after ploughing through absurd amounts of Portuguese bureaucracy, resulting in protracted delays and lack of income sources, a good legal action against Quantum could bring the whole organization crashing down like a pack of cards.
Then where would we all be?
I am of the belief that they do not relish difficulties in fulfilling their obligations, and the financial commitments will be met, albeit late.
A little more patience is the best course of action I aver.
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Thank you, Martin. I appreciate the feedback. You make good sense.
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