Portugal Golden Visa Guide: Pros & Cons in 2024 – Nomad Gate

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.

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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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  • You and your family members will enjoy visa-free travel to the Schengen Zone countries for up to 90 days in any 180-day period.

Is the 90 day limit per EU country or the total days of stay allowed for all Shengen countries combined? Does this include Portugal or can I live there during the 5 year waiting period?

I am looking for further information about the art investment option for the portugal golden visa. Anyone have any practical information about how to proceed? Thank you!

I asked stay requirement for PR renewal to one lawyer and got following reply:

Applicant needs to fulfill stay requirement before first PR application, which is exempted for ARI/GV holder.
As this exemption is not in line with EU LT residence permit criteria, PR granted by PT under this exemption is a national determination - PT PR only.
In case of renewal, there is no requirement to demonstrate how long you have stayed in PT national territory as long as you submitted renewal application before your current PR expiry - unconditional renewal before expiry. Otherwise, you will be requested to demonstate that you fulfill the stay requirement for PR.

Not sure this is correct, just to share what I got.

This is the best article out there on the Golden Visa. After reading this article about 3 months ago and comparing it with a lot of other information out there, I decided to go for it, and since then we have bought an apartment in Lisbon and are now in the process of applying for the Golden Visa.

I wanted to share my experience as an American applying for the Golden Visa in the middle of the pandemic.
I did this in a bit of a rush because of the imminent changes at the end of the year and because I thought I would get a better price buying an apartment right after the lockdown restrictions were lifted. I flew in from New York with an invitation from a lawyer and Pearls of Portugal since tourist wasn’t allowed. I found Lisbon to be rather expensive relative to the cost of living, but have no doubt that with the new “work from home” changes, Lisbon will become a Mecca for both Europeans and Americans wanting to live and work remotely. I’ve been coming to Europe and Lisbon for 15 years, so I already knew how good of a life exists here relative to New York and other place in the world I have lived.

First, I found very easy to book appointments with Idealista. Everyone looking must download the app and use it to communicate with realtors. Almost all speak good English and are very happy to show you their properties and others. I also connected with Pearls of Portugal as recommended by this site. I found them very friendly as well, but ultimately redundant and a waste of money. I wound up cancelling a lot of the viewings I had scheduled myself because all they were doing was looking at the same places probably in Idealista. They are just a very expensive Uber service and I am sure all buyer side brokers are.

Another company that I connected with was Ei! Immigrante hoping they would help me with the Golden Visa. I had heard very good things about them from a local friend. They were discouraging me from the Golden Visa initially for good reason. When I explained that I actually wanted to invest in property in Lisbon and live in it, they understood and connected me with a lawyer who specializes in that, Dr. Daniel Reis from Reis Pellicano. Ultimately that was the lawyer that I stuck with but not without comparing a couple over email . I exchanged emails with several lawyers and ultimate settled on Reis Pellicano. I wanted to bring in my in-laws who are over 65 and I had read that I don’t need evidence of support. One of the lawyers I connected in Porto recommended by Pearls of Portugal was telling me I still needed support evidence. That was enough to discard her. Dr. Daniel Reis was super helpful, in fact, way more helpful with negotiations for the property than Pearls of Portugal. One issue I am encountering is the delays in the US State Department for Apostilles. It was taking more than 3 months to get anything apostilled. And the FBI fingerprints are only valid for 3 months. Fortunately, got mine back in 10 weeks, just enough time. I also would recommend a “channeler” to get your FBI fingerprints. Their turn around time is a week for FBI fingerprints, as opposed to at least a month without them.

One of the requirements to do anything in Portugal is applying for the NIF (tax id). Ei! Imigrante did that for me. But I also hired them to be my “tax representative”. That is a weird requirement in Portugal, where you must have a Portuguese Tax representative who inherits some serious liability if you wind up not paying taxes. So, that was another 1,000 euros for 1 year of tax representation for my wife and me. I believe even my in-laws will need a “tax representative” while going through the immigration process if they don’t live in Portugal.

In the end, I would up spending more than 500,000 euros for the apartment, so I didn’t have to worry about 350k rules. I found nothing for that price range with 3 bedrooms in areas near the center. Closing on the apartment took about 30 days. It could have been less but there were some small repairs that the seller took care of and gas installation. Installing services has been a total pain. The lawyer advised me that it would. Lots of paperwork. I asked for help from Pearls of Portugal but they basically refused and pointed me to the website.

So, I am very happy with my decision. I could have saved some money (particularly the 7,000 euro fee from Pearls of Portugal) if I had known better, but relative to the entire process, it was a small mistake. One of the most shocking things was the real estate purchase tax. About 8% when you get to over 600k euros. I did not expect that. I hear it is a lot less when you are dealing with 200k (2-3%). I think if you are willing to live 30 minutes from Lisbon or further, you can get really good deals for that price range. For me, that was non-negotiable.

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I’m presently in the same situation as you, Flyfreely. Though my settlement period is longer, which is ok for me as I got a better discount on the property…
You got stiffed on the tax representation - is possible to get it for 300 euro.
If you haven’t already, I’d cast around on the lawyer’s costs for handling the application - there’s a huge variation…if I remember correctly someone attached an excel table of quotes in an earlier post.

Can any expert tell me that if a person has Português Golden visa, can he get residency from another EU country, let’s say if he is working in France. Can he can get residency from France while keeping Golden visa from Portugal. Can he holds both residency at the same time.

I can understand that being resident you should live for more than 6 months in that country but for Golden visa it’s not the requirement. So he can fill the requirement by living in France while for Portuguese golden visa, he can visit for a week or two in a year as per the requirements.

I really appreciate for the member valuable input on this.

I too have the same question as Zach1. I would like to know if one can have the PR for Greece and GV for Portugal at the same time