I take it this came from IRN? A simple quote from the statute. So we still need to understand whether AIMA will take the formal view that the date of submission of the application is the date the request for pre-approval was filed, or instead the date of the biometrics when the application for approval was filed.
So, on the date of submission to IRN of the nationality request, AIMA reports to IRN that the five year clock has not run, you get rejected and then, I guess you have to start over.
Of interest, if you want to request the certificate yourself from AIMA, this can only be done in person.
No one knows for sure yet. The government diploma would be the only sure way to know. I mean i use the word ‘sure’ as in Portuguese government ‘sure’. Anyways, i feel like the situation looks slightly more optimistic than beginning of the year with resuming of the preapproval (I mean 1 report), lawsuit successes, biometrics appointments and the wait time being counted. All in all, i’m still glad i invested but this might change anytime lol
One point to add/speculate: if i remember correctly, ARI applicant can reside legally in PT after online submission or obtaining pre-approval during COVID time (i forgot which one, but surely before biometrics). So there might be a chance to argue against the clock starts at biometrics.
Yes, I opined on that earlier, I believe that Despacho is a very strong legal point to support the view that the citizenship clock starts from the data of the online application submission.
If the aima considers that date of submission is the date of the biometric, then i wonder what is th technical term they consider for the date of submission?
Ex: someone submitted application in 2021 and completed biometric in 2023. If date of submission is 2023, then what is 2021? Would they say it as “pre-submission” … really interesting to see how people trying to bend and distort the meaning of words. Or maybe, aima could call the date submission 2023 is non-counting starting date for citizenship …time will tell!!! Let’s wait and see!
The theory has been floated that the original “application” in 2021 is a request for pre-approval, the condition for your biometrics. At your biometrics appointment, you also request the GV; perhaps that is the application that will find its way into the rule.
From the document my lawyer sent me, i did not submit application for the pre-approval. My application was clear and bold for the request of residency. There is no such application for pre-approval. At least this is from my documents and I applied in 2020.
My answer: No, I was not in Portugal when application was submitted.
I read the link you posted. It has nothing related to “application date” for the citizenship application.
Here is the summary of what happen in the GV case in 2015
a GV applicant applied in Nov 2015
after submitting all biometrics and documents, SEF asked him to provide an evidence showing that he was in Portugal at the moment of submitting the application.
GV applicant could not provide any proof.
SEF denied issuing GV to him
To be able to understand 100% how things work, we need to look back at the law in 2015. Were applicants allowed to be absent at the time of submitting? Was there ARI electronic platform at that time?.. Of course, I do not want to dig up this case because it is irrelevant in my opinion. There is nowhere in the case mentioning about “time counting” or “start counting from date X”…
My case was filed in 2020 electronically. So did many other investors. All got the cards. No one got rejected by SEF/AIMA because of not presenting themselves at the moment of submitting. Therefore logically, there could be a different requirement when submitting ARI application back then. Of course I am not lawyer and my word can be 100% wrong.
I entered Portugal after my application for a 3 week holiday - but I took a ferry to Spain and then crossed the border by car. No stamp. I can imagine many people have no such stamps.
I mean there’s no stamps for Schengen travel in general even on a flight. It’s pretty common. As long as you have hotel receipts, i think it would work. Again no lawyer
Sarah, where did you take the ferry from. I have been looking at options of travelling between Portugal and Spain. There are very few trains and bus connections.
I heard from few people that the legal residency time of 5 years for the nationality is counted from the time of the finger print. Does anybody have any practical experience?
Let me put it this way- if this ends up being the case, I am withdrawing my investment ASAP. It’s been more than 2 years since my application, with no pre-approval or biometrics.
I think we still don’t know. But lawyers have said for months now that is a possibility: time will likely count EITHER from online application OR from fingerprinting (biometrics).
If you want a more deterministic timeline you should consider a lawsuit.
…time will tell!!! Let’s wait and see!