See https://community.nomadgate.com/t/language-required-for-citizenship-gv/ for more details, itās the PLA course facilitated by Edpro
Hi
18 months
Step 4 most critical
Online via lawyer
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I got mine with AEP
As has been said before in this thread, it doesnāt say exactly that, which is why we need to see the regs. It kind of says, maybe, that the time of request will be taken into consideration in determining how long you have been a legal resident.
Nope. it exactly says that the time of request of permanent residentship is also considered, there is no āmaybeā in the text of the law:
4 - Para os efeitos de contagem de prazos de residĆŖncia legal previstos na presente lei, considera-se igualmente o tempo decorrido desde o momento em que foi requerida a autorizaĆ§Ć£o de residĆŖncia temporĆ”ria, desde que a mesma venha a ser deferida.
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This is what I mean.
Step 1: Become resident. Step 2: Apply for temporary permit. Step 3 Get permit. Pretty clear, five years from step 2. This is the main backlog of Brazilians, etc.
Step 1: Apply for temporary permit. Step 2 Become resident. Step 3 get permit. The question for the regs, is it five years from step 1 or step 2, and what does step 2 mean when AIMA is asked to certify. This is the main group of GV.
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The law says āo momento em que foi requerida a autorizaĆ§Ć£o de residĆŖncia temporĆ”riaā
foi requerida = was requested, so itās definitely not when you become a resident, but when you requested a residentship. Therefore either application or biometrics, but anyway it is prior to step #2.
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As I understand correctly, biometric was done when SEF sent out the āletter of invitationā to the applicant. Basically, applicant was pre-approved then he is now invited by SEF to the Biometric session. Therefore, biometric is NOT what the applicant requested. Logically āa requestā has to be something before the biometric.
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Wholeheartedly agree with you, same as my lawyer, but he also mentioned that the moment you go to collect the biometrics you submit a form that is the request for the residency title:
Therefore, while itās unlikely to be the biometrics stage, the chance itās on that stage is not zero.
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I asked specifically today an my lawyer has told me that the 5 year clock started when I submitted the application at end November 2021. They seemed unequivocal.
Iād best start studying Portuguese
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Are you speaking about application at biometrics appointment as my legal team specifically said from reading the law we understand and have no doubt that the 5-year count is made from the presentation of the file at the biometric appointment. Iām applying this year as my biometrics were submitted in 2019, so Iām eligible but be interesting to see how they apply it for others.
Itās been debated on this forum over hundreds of posts.
No one can tell for sure until the regs are issued. Lawyers may have their opinion, but it does not mean nothing without the regs.
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Why donāt they have doubts about the biometrics? Why not the initial application date?
It has been discussed extensively. Assume the worst possible interpretation of the law (i.e. biometric) rather than best (pre-approval)for us GV holders until legislation clarifies with specificity . Thatās my expectation, and thatās how Iām preparing my documents.
I hope that Iām wrong but either interpretation means I can apply this year rather than next year.
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Well, the law is created for the people who first become residents, then apply for permits from inside. The law refers to the term ālegal residentā. The new law allows to treat request for residency as regularisation and legalization.
GV holders are not residents. So technically the period of waiting should not count. And it is very possible that rules will be written this way.
However, for simplicity government could grant the same priviledges to GV holders. There is not many GV holders. And only those two categories are waiting for so long before first SEF visit.
Take into account, that the law was passed by old parliament with majority of the socialist party. Now, other party formed the government and it does not like the latest laws passed. Neither Mais habitaĆ§Ć£o, nor this new time count. Most they do not like this chaos in migration agency and prefer to limit migration until the situation is regularised. One of the measure suggested was to prohibit applying for residency from inside the country. (See the first paragraph)
I would not expect regulation very soon. On the other hand, new government is more in favor of qualified and a bit more wealthy migration, so may be we would not be treated so unfavorably
Any outcome is possible.
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I see your point, but I disagree with that.
Golden Visa is not a visa, but a resident permit given in exchange for investment: AutorizaĆ§Ć£o de ResidĆŖncia para Investimento. Therefore, GV holders are treated as residents, and the national immigration law does not discern people who received the residentās permit through investments or any other routes. Based on that, I donāt believe there are any risks here to be treated differently.
Though I agree with your comment regarding the reshaped government. They can come up with new laws which might make all these discussions irrelevant. Letās hope for the better.
Just for fun, here is what ChatGPT thinks about all that. Since itās not up-to-date, I fed it the amendment and asked what it āthinksā about it:
Pretty funny. Internally inconsistent where it doesnāt give the wrong answer: āonce the application is submitted ā¦ and the temporary visa is approvedā¦legal residence would startā. Oh well.
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I agree with you that any outcome is possible. Whoever with power in hand will make a final decision. In the past they did shut down the whole country in one day, now they could change the law easily just like eating an ice cream.
However, I do not agree with you that " GV holders are not residents". Where did you take it from? I am GV holder and I live full time in Portugal. If I am not a resident, who am I? Am I being a full time tourist in this country? If GV holders are not residents, then are they temporary tourist? or what are exactly the status of GV holders? In my opinion, GV holders ARE residents with a special benefit i.e. they only need to live in the country 7 days/year to maintain their resident status. Thatās why it costs more money than the normal resident permit.
If you have a resident card (I believe you already have several ones), you can see on the top of card it is written: titulo de residencia (residency permit). In the middle of the card, it shows: tipo of tĆtulo (type of permit). Then it writes: AR Investimento. It means you are resident through investment. Very clear information. Nothing speculative here.
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At this point I donāt really think more speculation is adding anything but confusion to the discussion. Weāve explored all possible interpretations in this thread, and at this point thereās nothing more we can do until the regulations get published. Obviously, we all hope for the best possible interpretation for GV holders.
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