I am writing a letter to Portugal asking for the clock to start when I first heard of ARI.
These types of letters, according to the timeline, take 12 years and are responded to by the organization that is going to replace AIMA.
HEHEHEHEHEHEH
I know this is more speculation, but just reinforces that the impact on GVs is still unknown.
[Pedro CatĂŁo Pinheiro of Next Lawyers] explained that âmany lawyers are saying it starts from the date of submitting the online application, but the Golden Visa has an essential requirement of legal entry into Portugal, similar to the landing requirement in Canada.â Based on this, he adds, âI would assume the waiting time counted toward citizenship start on the day of submitting the entire application and biometrics.â
Nedim Ruso of Smart Citizenship highlighted a different potential pitfall: Will the amendments apply retroactively to investors currently waiting for the Golden Visas? Ruso told IMI that he and his team have âheard contradictory rumors regarding the retrospective application of the changes, and this could have a considerable impact on investors who are waiting for issuance or renewalâŠâ
Fear-mongering for clicks
Weâre all just prognosticating here but I donât think that lawyer makes much sense. A lot of visas have entry requirements. Doesnât seem material to a choice to backdate citizenship eligibility to application date or biometrics appointment.
Agree. The law says o momento em que foi requerido o tĂtulo de residĂȘncia temporĂĄria , which indicates the moment of filing an online application, not one of the follow up steps.
Wouldnât this lawyerâs theory, if true, flatly contradict the rationale for why the law was adopted?
Not if itâs an ARI-only problem.
The blog ecosystem around ARI could use a little more Potential Truth. Sure, PT could give us all exactly what we want (clock begins before pre-approval), but itâs also likely they do not (clock begins at biometrics + documentation complete).
The opposite of âfear mongeringâ is what we already receive from bloggers: ârush into ARI, its a great program, youll have citizenship in five years!â
So itâs either when application is submitted OR when biometrics done. Do a simple excel like I did taking both scenarios into account. Hope for best (application submission) + expect the worst (biometrics).
Then plan do your document planning and pray for âbestâ option and wait
@wood.collies.0j I agree. Sometimes people just argue for the sake of arguing or because they like to hear themselves talk. The fact remains that a respected law firm provided a detailed opinion based on a reasoned analysis. In this new article the lawyer is saying it starts at biometrics because the golden visa is unique. Sure. The other lawyer says itâs not retroactive based on ârumorsâ. Okay. For those who keep on typing to take up air on this forum, I will keep ignoring those people.
I would not be surprised if it turns out that we have to file lawsuits to get the courts to rule on this point.
I donât understand why everyone is so habitually negative. They passed a law that, worst case, doesnât help us, and best case, helps us a lot. The mood here is that the sky is falling and everyone hates us.
This reminds me about when a Big Tech company gave every employee $1000 for free, as a no-strings-attached surprise gift, and the employees howled with outrage for days that it was unjust.
I think everyone is differently situated and some have been very harmed by the actions/inaction of the Portuguese government, while others are less impacted. So while itâs human nature to get a little bit annoyed when someone is complaining a lot, itâs certainly understandable on a forum dedicated to this subject.
Is this forum dedicated to complaining? I started coming here to get useful information from other people who were seeking a better future overseas. I learned a lot about how to evaluate funds, move money, deal with tax compliance, etc. Thereâs still a tiny bit of information-sharing by folks doing the legwork to figure things out and document their results, and I appreciate that.
Iâve been harmed deeply and repeatedly by the same factors. It has been terribly displeasing and disappointing. It has afflicted me with months of crippling anxiety. It has shattered my plans. It has demoralized me and sapped my enthusiasm for language learning.
I strive to understand what is going on, and I donât see a valid reason to blame these problems on regular people doing their day jobs, or to relentlessly malign the culture and the people of the country I mean to adopt as my home.
As for how the new residency law is applied, I am optimistic that the implementation will be just fine. My first move is to wait calmly for the regulations to be published by the agency.
Did they actually pass it yet? Last I heard the court sent it back to the President?
Itâs perfectly fine to malign a government agency, especially as a paying customer receiving subpar service. I donât recall anyone singling out specific SEF or AIMA employees.
Indeed. Itâs important to bring balance to all the ârah rahâ out there. There are already GV promoters talking this 5-years up like itâs a sure thing⊠when smart people reading this forum know this legislation was not written with GVâers in mind - or perhaps even thought of!
If you âcome here to get useful information from other people who were seeking a better future overseasâ then hopefully youâre appreciating the different ways this could play out.
How many of us were told when applying that weâd have our PT GVs in 6 months to a year? Is it âfear mongeringâ to visit this forum and find out the reality is very different? If youâre trying to plan your life and your next moves, wouldnât you like to know which outcomes are sure-thing vs. iffy?
Certainly. I am well aware of how badly things go wrong, again and again, and I map out all of the plausible contingencies and likelihoods to the best of my ability. I was one of the few voices raising the alarm during the Mais Habitação episode, pushing back against the Pollyanna âdonât worry, the man on TV said it is fineâ complacency mindset. The law was poorly drafted and even now leaves real estate/fund investors in limbo. How will moving real estate fund ARI investors to a D2 affect renewal, given that the D2 has an ongoing entrepreneurship certification requirement, with only the stay requirement relaxed?
Though there is a inconvenient ambiguity in how the start date is defined, I donât see the same glaring structural problems, egregious drafting errors, and targeted spiteful intent in this new decree. Like I said before, the worst case is that it simply doesnât help us, and thatâs barely plausible. If people want to hire lawyers to expedite a resolution, feel free. Let us know how it goes. Iâm content to wait for clarification.
Yesterday, in another thread, one poster expressed pointed doubt that another poster would be able to obtain citizenship under the ARI program without embracing full-time tax residency. I commend several people for resolving that politely and definitively, replying with factual clarification and authoritative references.
I regret that the gallows humor in this space is often at the expense of the people and culture of Portugal. I donât think itâs in good taste to disrespect our hosts, regardless of our disappointments. TPN journalists occasionally graze this site, and they already have mixed feelings about golden visa people.