Wait time now counts toward 5 year residency?

Very well said

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erm… by TPN do you mean The Portugal News? That publication is basically paid for by ads from companies serving GV’ers and other immigrants. Skimming the latest issue we find at least 7 full or half-page ads from property companies, 1 foreign exchange full-page ad, 3 more pages for expat wealth management… I only feel love from them :slight_smile:

The disrespect is aimed at the SEF/AIMA bureaucracy and false promises of the IMI industry.

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As a regular reader, I am well aware of this irony.

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Unsurprising, no one is willing to pay for subscriptions anymore so someone has to pay the freight :slight_smile:

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This is the BEST response yet !

Portugal has never been my “host”, so that flowery language doesn’t apply to all. Only the 99% of applicants who used real estate :sunglasses:

Up to now, my only experience is with a painfully slow beuracracy, and a government / people that can’t decide how much to scapegoat or disdain ARI applicants. Presumably, hopefully, that balance shifts someday and all I am left with is vague memories of slight inconvenience.

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Someone above raised the point that the courts may need to clarify when the 5 years starts under the new law. The question for me, at least, is how is this going to come before the court? I could see it being raised by courts in denying lawsuits for pre-approval, biometric, or residency cards because “you are not harmed by the waiting,” unless you had immediate plans to move to PT immediately or were already living there. The first challenges in court may be when someone applies for citizenship but is denied because AMIA decides the five years runs from biometric rather than application. In that case, we won’t have a decision for several years as even the citizenship application takes two years to work its way through.

So - and please check my math - we likely won’t get any clarification for several years unless there is regulations promulgated on this subject. Just my thoughts and speculation.

I understood AIMA should publish regulations in the next 3 months.
So only if someone disagrees with the regulations will it go to court.

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Regulations here means amendments to the Regulations for the Nationality Act, which are to be published within 90 days by the Government and promulgated by the President. These may (or may not) clarify the backdating provision.

Separately, AIMA may at some point update its Manual, which sets out how it carries out its functions.

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Man I love this board - I was pondering the court question for days and got clarification from two members within 15 minutes. Awesome.

I see the potential court case coming about when the first person requests their letter from AIMA that states that the person has been legally fulfilling their obligarions for 5 years (which is needed as part of the citizsnship application) assuming that the clock starts at the time of the application, only to be told that they havent fulfilled the obligation yet. They woukd challange this by going to court. Thr courts will then have to decide when the clock actually starts.

Alternatively, AIMA publishes the afromentioned regulations that actually states when they believe the clock starts and GV applicants who disagree with the regulation challangs it in court.

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This may take some time before people go to court to force a decision. I was fortunate in that I applied/received confirmation in July '21 and had my biometrics appt only a two months later, in Sept '21. At that point the delays that many on this forum are experiencing were insignificant. By the time my 5-years concludes in 2026, the difference between July and Sept won’t make much of a difference… certainly not to go to court.

The interim renewal though… I am in limbo-land like others for Q1 2024.

For me, this has been a good experience, aided by the fact that we love spending time at our home in Portugal, we’ve learned some Portuguese (passed our A2 exam early in order to speak with our neighbors), and our lawyer has set realistic and conservative expectations throughout. I hope for only the best for others on this forum and that over time the understandable frustration can be replaced by love for Portugal and its people.

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Another big question for me (and others with minor kids) is whether this only affects the 5 years for naturalization, or if it also affects the 5 years for assuming “connection to the Portuguese community” since kids under 18 need to demonstrate that connection for citizenship.

Wait, how? I applied in May ‘21 and did my biometrics in Nov ‘22. Still waiting for my approval. What did I do wrong? Granted, I didn’t get all my documents in until July ‘21.

In 2021 they weren’t yet scheduling strictly by chronological order, so it was possible to grab biometrics appointments soon after pre-approval if you were fast enough.

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Did you do your biometrics in Lisbon?

Nationality applications are processed by the Ministry of Justice and it has nothing to do with AIMA.

Yes, in Lisbon. Thanksgiving week of ‘22.

Could you share a link to the thread you’re referring to re embracing full-time tax residency?

The bill amending the Nationality Law has now been promulgated by the President

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