The Ultimate Guide to the Portuguese Golden Visa

The link you provided didn’t work.

Here is a screenshot of what they posted. I suspect you are correct since it was also my recollection.
In general, I think there is a fair amount of misinformation.

Oh, weird. I can still click on the link. Regarding minimum stay, the article says,

Permanent residence, no minimum period

“The permanent residence permit was created only for holders of ‘gold’ visas, and these are exempt from the requirement of a minimum stay of two months a year in Portugal,” attorney José Miguel Albuquerque, associate at PLMJ Law Firm, told Portuguese news agency Lusa.

“The regulatory decree exempts [from the rule of a minimum stay of two months], but does not conclude anything,” he added about the minimum requirements for staying in Portugal.

The gold visa programme is now five years old, and the first people to receive one back then have now passed a minimum period that allows them to advance with the application for a permanent residence permit in Portugal.

According to the lawyer, the law will grant a permanent residence permit to holders of golden visas if they continue to invest in Portugal.

That is to say, they maintain their investment and the “in return they are exempted from the periods of residence”, explained José Miguel Albuquerque.

Well, that is a bit contradictory. This attorney is discussing two different things - the temporary 2 year stays, and permanent residence. He is actually conflating the two concepts so this adds even more confusion and mystery…

The “if they continue to invest…” language is a bit worrisome. For physical real estate maybe that isn’t a huge problem, but for the funds it would practically require you to pursue citizenship because the funds have a fixed lifespan in most cases of 6-10 years.

I did get your link to work and I found a few troubling provisions.

Article 65b
Minimum time requirement for investment activity
The minimum time requirement of five years for the maintenance of the investment activity shall be counted from the date of granting the residence permit.

I pointed this out in another thread but worth repeating. If your investment fund closed in January 2021 and runs for 5 years, and your biometrics is not until 2022 (very real possibility), your investment period of 5 years starts in mid 2022 (when the residence permit is granted) and thus goes to mid 2027. Your investment fund could be closed out by then and you would no longer comply with Article 65b.

Article 65c
Minimum periods of stay
For the purpose of renewing a residence permit, applicant citizens referred to in Article 90a of Law No 23/2007of 4 July, in their current wording, shall comply with the following minimum periods of residence:
(a) 7 days, followed or interpolated, in the 1st year;
(b) 14 days, followed or interpolated, in subsequent two-year periods.

I believe this is what the lawyer is referring to in the article you quoted. This really has nothing to do with permanent residency and is only about continuously extending the 2 year short term visas under the GV.

I see the potential problem you pointed out here. Some other sites I found also has other wording on permanent resident stay requirement for GV:

A permanent residence permit is not subject to minimum stay requirements, but it may be cancelled if you, without an acceptable justification, are away from Portugal for a period of 24 consecutive months, or for a non-consecutive period of 30 months over 3 years."

As for the risk of investment fund closes before we can persue other immigration status, I read the law recently that states we can exchange the investment to something else but the amount cannot be less that the original investment. I wouldn’t be surprised to me though if the government wants the investment to stay in exchange for exempting the stay requirement for permanent resident.

I recall that last year I asked my lawyer about the stay requirements and specifically about the 30 months over 3 years absence for permanent residence. She said that doesn’t apply to GV. However, after seeing all of this I am skeptical and I would like to see the actual law from an official source. It could be that there is a translation error or possibly they are referring to continual renewal of the 2 year temp visa under the GV as the lawyer you cited seems to be doing.

Hi Winnie
I found this chart on AFIP facebbok group. It is good but I see so many different opinions it is hard to know what to believe.

That’s interesting. But who actually created the chart? (So we can gauge its credibility)
Seeing the actual law would help but, the law may also change by the time we hit that mark.

I dont know. Perhaps @tkrunning could find the definitive answer and clarify this in his Ultimate Guide to the Portuguese Golden Visa. Currently, it is silent on this point.

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I sort of always assumed it would be the regular PR rules that would apply—however it’s not something I ever checked up on.

I can try to research this, but I’d probably have to rely on the opinion of lawyers, too. So if lawyers don’t agree among themselves I’m not sure I’d be able to come up with a definitive answer.

There is also the question of how this relates to EU long-term residency. PT has a requirement and then exempts ARI from the boots-on-ground. EU law would appear to have the same boots-on-ground requirement - but it would seem that it’s PT that hands out the EU permit, not some EU bureau somewhere. So would PT hand out the EU permit based on PT status, or via a separate determination?

I suspect the real answer is to be found not based on law but based on the practical experience of folks having gone through it. Which might not be practically possible since I imagine most people who go for ARI are going to apply for citizenship ASAP without bothering with the EU permit or waiting around for the next PR renewal, meaning that finding someone to ask would be difficult. Really, who here who is applying for PR even intends to just stay with PR status?

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@tkrunning @wkb
I did the research on this. Caveat. I don’t speak Portuguese and I am not a lawyer so take this for what its worth. I used a translate app for some of this.

In September 11 2018 an administrative order was issued. Pursuant to Article 65-K of this order, it appears that ARI applicants seeking permanent residence are exempted from paragraph b) of paragraph 2 and in paragraphs 3 and 4 of article 85.

Article 85 addresses “cancellation of residence permits”. The relevant portions are paragraphs 2-4, quoted below.

2 - Without prejudice to the application of special provisions, the residence permit may also be canceled when the person concerned, without reasonable reasons, is absent from the country:

a) Being the holder of a temporary residence permit, six consecutive months or eight interpolated months, during the total period of validity of the authorization;

b) Being the holder of a permanent residence permit, 24 consecutive months or, in a period of three years, 30 interpolated months.

3 - Absence beyond the limits provided for in the preceding paragraph must be justified by request submitted to SEF before the resident leaves national territory or, in exceptional cases, after leaving.

4 - The residence permit for citizens who are absent for longer periods than those provided for in paragraph 2 is not canceled, when they prove that during their absence from the national territory they were in the country of origin and that they developed a professional or business activity or of a cultural or social nature.

Taken together, I think this is stating that ARI applicants are exempt from the stay requirements when applying for permanent residence.

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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.

By granting or renewing a permanent residence permit under the terms of the 2 of article 76 and 80 for the holder of a residence permit for the activity of investment or family member, granted under the terms of article 90-A and 98, all of the Law No. 23/2007, of the 4th of July;
€ 7455 for the concession
€ 3728 for the renewal

Hi Alexander,
Why this type of residence is called “permanent” - while a person has to renew it and pay a lot for the renewal?
It is just another temporary status with a perspective of deportation from Portugal in case of financial troubles.
No?

I did some more research and it does seem the criteria are different as EU LT residency requires continuous and uninterrupted 5 years of living in the country.

There may be some ability to interpret the GV stay requirements as an “Exception” to this requirement based on the following language:

In some exceptional circumstances, longer periods of absence may also be treated as not interrupting your residence. Depending on national law, these could include time spent outside your host country for military service, serious illness, maternity care, research or study.

The main difference between Portuguese PR and EU long term, is that EU is much cheaper and is (semi) “permanent” meaning you don’t have to reapply every 5 years.

As for the reasons some may pursue PR, some people may not be able to apply for citizenship for personal reasons, family reasons or because their country of origin does not allow dual citizenship.

Ultimately I think you are right that it is subject to interpretation and may or may not give rights to obtain EU LT residency. But it does not look so promising.

Hi @osten,

It is called permanent because it will not be necessary to prove that you are a legal resident in Portugal based on some reason.

The temporary residence permits are based on certain situations (work, d7 (passive income) or study, for example) or investment (golden visa).

Article 76 - Permanent residence permit
1 - The permanent residence permit has no validity limit.
2 - The residence permit must, however, be renewed every five years or whenever there is a change in the identification elements registered therein.
3 - In the application for renewal of authorization, the holder is exempted from delivering any documents already integrated in the electronic workflow used by SEF.

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