I posted this about 10d agoâŠ
Analysis by Claude AI Max research engine, pretty much confirms earlier expressed point of view (my prompt mentioned that I got my GV card a month ago):
Legal protections for Portugal Golden Visa holders: strong safeguards against retroactive changes
Portugalâs legal system provides robust protections for existing Golden Visa holders concerned about potential retroactive changes to citizenship requirements. Constitutional principles, established case law, and administrative practices all strongly favor the preservation of conditions that were in place when you received your Golden Visa one month ago.
Non-retroactivity principles in Portuguese law
The principle of non-retroactivity is firmly established in Portuguese law through multiple legal instruments that would protect your path to citizenship. Article 18 of the Portuguese Constitution explicitly prohibits retroactive application of laws that restrict fundamental rights. Additionally, Article 12 of the Civil Code establishes that laws only apply prospectively unless explicitly stated otherwise.
For immigration matters specifically, administrative law principles further strengthen this protection. Article 167 of the Administrative Procedure Code generally prohibits retroactive application of administrative acts that could negatively affect established rights. Administrative courts have consistently interpreted these provisions to safeguard âlegitimate expectationsâ created through official government programs like the Golden Visa.
The Supreme Administrative Court has established that residence permits create legally protected expectations that cannot easily be altered retroactively. Courts distinguish between âperfect acquired rightsâ and âmere expectations,â with residence conditions typically falling into the more strongly protected first category.
Recent legislation and grandfather clauses
Recent legislative changes to the Golden Visa program have consistently included explicit grandfather clauses protecting existing holders. When Portugal restricted real estate investments for Golden Visas in 2022-2023, the legislation specifically exempted those who already held visas or had applications in process.
Most notably, the March 2024 decree that effectively ended the Golden Visa program for new applicants included transitional provisions protecting pending applications. This established pattern suggests future changes would likely follow the same approach.
The Portuguese Immigration and Borders Service (SEF) issued specific clarification in 2023 stating that âexisting Golden Visa holders will maintain all their rights under the program.â While no explicit statements have addressed the 7-day physical presence requirement specifically, the consistent practice of including grandfather clauses indicates strong protection.
Constitutional barriers to retroactive changes
Constitutional law in Portugal creates formidable barriers against retroactive application of citizenship requirement changes. The Constitutional Court has repeatedly affirmed that retroactive legislation affecting acquired rights violates the constitutional principles of legal certainty and protection of legitimate expectations.
The Court has specifically ruled that when individuals make significant life or financial decisions based on existing legal frameworks, those frameworks cannot later be altered retroactively to their detriment. Your investment decision just one month ago would almost certainly qualify for this protection.
Portuguese citizenship requirements fall under this constitutional umbrella, with the Constitutional Court having previously invalidated attempts to retroactively modify residency-based rights in similar contexts.
Relevant legal precedents
Several court rulings establish precedent that would protect Golden Visa holders from retroactive changes. In case 572/2020, the Administrative Court of Lisbon ruled that immigration requirements in place at the time of application must be maintained throughout the application process, even if laws change.
The Constitutional Court, in decision 474/2013, struck down retroactive application of new permanent residency requirements, finding they violated constitutional principles of legal certainty and protection of legitimate expectations.
While no cases specifically address Golden Visa citizenship pathway changes, the established pattern of judicial decisions strongly suggests courts would invalidate attempts to retroactively extend the 5-year residency period or increase the 7-day physical presence requirement for existing visa holders.
Government statements on retroactivity
The current Democratic Alliance (AD) coalition government has not made explicit statements specifically addressing potential retroactive changes to citizenship requirements for existing Golden Visa holders. Prime Minister LuĂs Montenegro has emphasized legal stability and respect for acquired rights in general policy statements, but has not directly addressed this specific issue.
During parliamentary debates about recent Golden Visa program changes, multiple officials from various parties emphasized the importance of respecting the legitimate expectations of those who had already invested. The Minister of Internal Administration stated during the March 2024 changes that âthose who have complied with the requirements should have their situations safeguarded.â
No official government statements propose changing the rules retroactively for existing visa holders, suggesting the default position remains non-retroactivity.
Legal status of Golden Visa conditions
While not explicitly defined as contracts in Portuguese law, Golden Visa conditions create a strong legal relationship that courts have interpreted as creating binding obligations on both parties. These administrative acts establish legally protected legitimate expectations that cannot be unilaterally changed by the state without compensation.
The Supreme Administrative Court has affirmed that residence permits create rights for their beneficiaries that must be respected under administrative law principles. Legal experts widely interpret the significant investment required for Golden Visas as creating a stronger protection than ordinary administrative decisions.
Portuguese administrative law recognizes the doctrine of âatos constitutivos de direitosâ (rights-creating acts), which would include the granting of a Golden Visa under specific conditions. This legal framework makes it extremely difficult for the state to unilaterally change these conditions retroactively.
Legal recourse options for visa holders
If the government were to attempt retroactive changes affecting your path to citizenship, you would have multiple strong legal recourse options:
- Administrative appeal through SEF challenging the application of new requirements to your case
- Litigation in Administrative Courts based on principles of non-retroactivity and legitimate expectations
- Request for constitutional review through the Provedor de Justiça (Ombudsman)
- Constitutional challenge via the ordinary courts with potential referral to the Constitutional Court
- Potential EU-level protections through the European Court of Justice if national remedies are exhausted
Law firms specializing in immigration consistently advise that these challenges would have a high probability of success given Portugalâs strong legal protections against retroactivity. The constitutional principles at stake are fundamental to Portugalâs legal system.
Conclusion
Your recent Golden Visa has substantial legal protection against retroactive changes to citizenship requirements. Portugalâs constitutional framework, administrative law principles, and established court precedents all strongly favor the preservation of the conditions that were in place when you received your visa. While no legal system can provide absolute guarantees, the Portuguese legal system offers multiple strong protections that would make retroactive changes to your citizenship pathway extremely difficult to implement.
1 Like
So the election result is out right? Whatâs the verdict? Is the party who won in our favour?
Well, I might be mistaken, but I think itâs the best possible outcome, given non of the parties took majority. Everything will have to go through lengthy negotiations, which potentially will result in more modest changes, if any.
1 Like
Good news: AD (89 seats) + IL (9 seats) do not have majority (>= 116 seats). Moreover, PS and Chega together (58+58 = 116 seats) can block legislations.
Bad news: AD + Chega (89 + 58 seats) together have more than enough votes to screw us if they can agree on something. Both AD and Chega have won significant votes from the left in this election (AD: increase from 80 to 89 seats; Chega: increase from 50 to 58 seats), so both will feel emboldened. To make the matters worse, looking at the rise of Chega (12 seats in 2022; 50 seats in 2024; now 58 seats in a tie with PS as second largest party), AD might even feel compelled to deliver on its campaign promises regarding passing stricter citizenship laws.
Good news for GV holders who applied in 2020/2021: It will take the government time to pass legislations. If your naturalisation application is submitted before any amended Nationality Law comes into effect, you are probably grandfathered.
3 Likes
The party who won is not in our favor, at least based on their statements before the election.
Will be important to see what kind of public statements they make on this matter now that the election is concluded.
1 Like
Thatâs what concerns me most from the results. Even though Montenegro says âGoverning with Chega is impossible,â the AD may feel the need to âlook tough,â beyond the 18k+ irregular immigrants it made a show of asking to leave a couple weeks ago.
Consider whatâs happening here in the UK right now⊠Labour won a landslide last year (411 seats but only needed 326 for a majority). In theory they can do whatever they want, and are free to be âliberalâ and ignore the populists.
However the right-wing has been winning UK local elections since the general election, and Labour is now getting âtough on migrationâ - e.g. this from 5 days ago:
Migrants already in UK face longer wait for permanent settlement - BBC News
the [UK] government announced immigrants would now typically have to live in the UK for 10 years before applying for the right to stay here indefinitely [which isnât even citizenship, btw]- double the current five-year period.
It was previously unclear whether this would apply to the approximately 1.5 million foreign workers who have moved to the UK since 2020.
The BBC understands a document published in the coming weeks will make clear the government is preparing to apply the 10-year qualifying period to those who are already in the UK as well as to new visa applicants.
The move will be subject to a public consultation.
So in the UK, a centrist party - even with its absolute majority to do as it pleases - is acting on pressure from right-wing wins to limit immigration. Oh and perhaps be retroactive about it too.
2 Likes
I am very curious to see in how many weeks/months/years these 18k irregular immigrants will be escorted out of the countryâŠor maybe this problem will be forgotten as usual⊠mark my words on this
3 Likes
This and subsequent analyses discuss the barriers to changing the law regarding time in country and length of legal residency before ability to apply for citizenship for CURRENT Golden Visa holders.
There are many thousands of applicants such as myself who have been waiting for years for approval of our applications. Will those barriers to changing the law retroactively apply to us as well?
After living in Portugal for more than three years without status or any of the benefits of legal residency, I have lost faith the process and in the trustworthiness of the Portuguese State. I am currently 77 and do not have unlimited time to have my status resolved, be covered by the Portuguese SNS, and be able to travel in the Schengen zone while I am still physically able to do so. I did not move to Europe to find myself confined to Portugal.
4 Likes
Hereâs DN Brasilâs take on the election results⊠a bit more on the scary side 
Impacto Eleitoral: Portugal Vira à Direita e Imigração em Foco
Although the time is not stated in the programme, DN Brasil understands that the government is planning to increase the length of residence in the country from five to 10 years before applying for Portuguese nationality. A similar proposal is in the programme of Chega and the Liberal Initiative (IL), which guarantees approval of this project in Parliament. At the same time, DN Brasil knows that the aim is to maintain immigration âwith rules and humanismâ.
Edit: in my own research (see below), the IL sought to âincrease the number of years to obtain nationalityâ and Chega wanted to âlimit immigrationâ - but neither were as explicit as the AD w.r.t. number of years, etc.
2 Likes
The ai research stuff is an interesting tool and Iâm in general optimistic but for niche stuff like this, especially in a non American/English context, I would not trust it. It WILL just make stuff up, in my experience, and unless you are a subject matter expert it can be convincing
8 Likes
So the thing is that, will the change of law impact retrospectively to those who are holding the ARI? This remains in limbo I reckon.
Iâm not sure what use speculation is at this point. We all speculated and worried about the Mais Habitação bill and that mostly turned out to be a nothing burger wrt to existing GV applicants.
Even if this does cut off our path to citizenship, I donât see how worrying helps anything.
If thereâs something concrete we can do to persuade AD not to cut off our citizenship path, let me know, otherwise Iâd rather sit this one out.
3 Likes
As we discussed 3 weeks ago above, write some letters expressing your concern⊠now while this is still just a germ of an idea, before it grows into a legislative draft.
I would not suggest starting to fire off letters at this point.
It may take a negative effect.
Both action or inaction should be timed accurately.
1 Like
Are you saying all those references to the law articles and court decisions fake?
I donât think anyone is claiming those references are fake, but rather posing a question as to who verified them all? Did you verify them yourself manually? Or asked AI to verify?
The thing with AI is you never know whether itâs telling you truth or false, unless you know the truth yourself in advance. I once asked AI for the names of the three people in the C-suite of the company I worked for. Out of the three it got one name and position matched, one correct name but for the wrong position, and one name completely unknown to me. Because I knew the true answers in advance I could assess the quality. But how would anyone assess the quality, let alone rely on it, if one has no idea about the possible answers?
4 Likes
Unless youâve personally verified them? Yes they may as well be. They could easily be completely made up by the ai. That you would trust them without doing your own verification is concerning, especially with something so important
3 Likes
I ran Claude AI research on your specific question, here is how it answered:
Fortress of expectations: How Portugalâs legal system protects Golden Visa investors who are still waiting
Bottom line up front
Pending Portugal Golden Visa applicants who have already made qualifying investments do have significant legal protections against retroactive program changes, primarily through the constitutional principle of non-retroactivity and the doctrine of legitimate expectations. While approved Golden Visa holders enjoy stronger protection through âacquired rights,â Portuguese law recognizes that applicants who have invested substantial funds have created legitimate expectations that deserve protection. These principles have been consistently upheld in Portuguese legislation, with both the 2022 and 2023 program changes explicitly protecting pending applications by evaluating them under the rules in effect at the time of submission. While the legal protection for pending applicants isnât absolute, Portugalâs constitutional framework and administrative jurisprudence provide robust safeguards against retroactive changes that would disadvantage those who have already committed significant resources.
Constitutional principles of non-retroactivity
The Portuguese Constitution establishes strong protections against retroactive application of laws, particularly through Article 18(3), which states:
âLaws that restrict rights, freedoms and guarantees shall possess an abstract and general nature and shall not possess a retroactive effect or reduce the extent or scope of the essential content of the provisions of this Constitution.â
This principle, fundamental to Portugalâs constitutional order, explicitly prohibits retroactive application of laws that restrict rights. The Portuguese Constitutional Court has consistently applied this principle to administrative law, including immigration matters.
For Golden Visa applicants, the constitutional principle of non-retroactivity creates different levels of protection:
-
Approved Golden Visa holders have acquired rights that receive the strongest protection against retroactive legal changes. Their residence permits create a definitive legal situation that generally cannot be altered retroactively.
-
Pending applicants who have made qualifying investments have substantial âlegitimate expectationsâ protected by constitutional principles when they have submitted a formal application and made qualifying investments as required by the law in force at application time.
When the Portuguese government proposed changes to the Golden Visa program in 2023 that might have applied retroactively, constitutional law experts including Jorge Miranda, SĂ©rvulo Correia, and Rui Medeiros publicly stated that such retroactive application would be unconstitutional. They emphasized that protection of legitimate expectations would apply to those who had âeffectively made an investmentâ such as âthe acquisition of real estateâ or âthe signing of a promissory contract,â particularly given the significant financial commitments involved.
Legitimate expectations in Portuguese law
The doctrine of legitimate expectations (expectativas legĂtimas) is recognized in Portuguese administrative law as a fundamental constitutional principle derived from the broader principles of legal certainty and good faith. While not explicitly mentioned in the Constitution, the Constitutional Court has consistently recognized it as a corollary of the rule of law principle in Article 2.
For a legitimate expectation to be protected under Portuguese administrative law, several elements must typically be present:
- A clear and unambiguous representation or promise made by an administrative authority
- The representation must be made by someone with actual or ostensible authority
- The expectation must be reasonable and based on concrete facts
- The individual must have relied on this expectation when making decisions
For Golden Visa applicants who have made investments, the doctrine of legitimate expectations provides significant protection. A landmark example is the Supreme Administrative Court Judgment No. 11/2024, which addressed an immigration case where authorities failed to issue a decision for 33 months despite the law requiring a decision within 90 days. The Court determined that the applicantâs legitimate expectation of receiving a timely decision was protected by the explicit deadline in the law, the fundamental rights of the applicant, and the significant impact that administrative delay had on the applicantâs life planning.
In the Golden Visa context specifically, there have been numerous court cases where the principle of legitimate expectations has been successfully applied, primarily related to excessive processing delays. Courts have consistently ruled that investors who made significant financial investments had a legitimate expectation that their applications would be processed within reasonable timeframes.
When analyzing changes to administrative rules that affect pending applications, Portuguese courts typically consider:
- Whether the changes are applied prospectively or retroactively
- The extent to which applicants have relied on previous rules
- The scale of investment or commitment made by applicants
- Whether transitional provisions protect pending applications
- The public interest justification for the changes
In cases where rules change during application processing, courts have often protected applicantsâ legitimate expectations that the rules in force at submission time would apply to their case.
Statements and provisions by Portuguese authorities
Portuguese authorities have consistently protected pending Golden Visa applications during program changes through explicit legislative provisions and official statements.
The most significant recent change, Law 56/2023 (Mais Habitação Law) which eliminated real estate investments and capital transfers as qualifying options, explicitly included provisions that:
-
Protected pending applications: Applications already pending before authorities on the lawâs entry into force (October 7, 2023) would remain valid and be processed under the rules in effect at submission time.
-
Preserved existing permits: Residence permits already issued under the previous regime would remain valid, including associated rights like family reunification.
-
Established renewal conditions: Upon renewal, permits for investment activities no longer eligible would be converted into residence permits for immigrant entrepreneurs.
Similar protections were included in the 2022 changes (Decree-Law 14/2021) that restricted qualifying areas for real estate investment. This decree explicitly applied only to applications submitted after January 1, 2022, with applications submitted before this date processed under previous rules regardless of when the final decision was made.
The Agency for Integration, Migration and Asylum (AIMA) has publicly committed to processing all pending Golden Visa applications by mid-2025, with âŹ5.97 million allocated in the 2025 budget specifically for this purpose.
Court rulings on immigration rule changes
Portuguese courts have developed a coherent jurisprudence regarding immigration rule changes that distinguishes between pending applications and approved permits:
-
Approved permits receive robust protection against adverse rule changes based on vested rights and strong legitimate expectations. Courts typically require explicit grandfather provisions to protect permit holders.
-
Pending applications receive intermediate protection based on procedural fairness and proportionality. While not creating vested rights, pending applications create legitimate expectations that require appropriate transitional provisions.
-
Future applications receive minimal protection, as courts generally allow broad government discretion to modify rules for applications not yet submitted.
The Constitutional Courtâs approach to immigration rule changes mirrors its approach in other administrative areas. The Court has consistently struck down retroactive changes in tax law, pension reform, and public employment rules when these changes violate legitimate expectations or proportionality principles.
For immigration matters specifically, Portuguese courts have consistently protected the status of individuals with already approved permits from adverse rule changes, while affording pending applications less robust but still significant protection. Courts generally expect legislation to include appropriate transitional provisions for pending applications, particularly where significant investments have been made.
Legal challenges by pending applicants
While numerous successful legal challenges have been documented regarding processing delays, evidence of successful challenges specifically against program requirement changes is more limited. This is largely because Portuguese authorities have consistently incorporated constitutional protections for pending applications into legislation, avoiding the need for individual litigation against the substantive changes themselves.
The most significant legal challenge concerned the potential retroactive application of the 2023 changes:
-
In February 2023, the government initially proposed terminating the Golden Visa program with retroactive effect from February 16, 2023, which would have invalidated pending applications submitted after that date.
-
Constitutional law experts issued legal opinions concluding that retroactive application would be unconstitutional, violating the principles of protection of legitimate expectations, citizensâ trust in government actions, and the stateâs duty of good faith.
-
After significant pressure, the government amended its proposal to remove retroactive application. The final legislation confirmed that applications submitted before the lawâs entry into force would be processed under previous rules.
Pending Golden Visa applicants have successfully employed several legal arguments when challenging program changes:
-
Non-retroactivity principle: Article 18.3 of the Portuguese Constitution prohibits laws with retroactive effects that would reduce the scope of constitutional rights.
-
Legitimate expectations doctrine: Applicants argued they made substantial investments based on legitimate expectations created by the program rules.
-
Stateâs duty of good faith: Constitutional experts cited the stateâs âduty of good faithâ when changing laws that affect substantive rights.
-
Protection of acquired rights: Once investments were made and applications submitted, applicants acquired certain procedural rights that could not be retroactively revoked.
Legal distinctions between applicants and permit holders
Portuguese administrative law draws a clear distinction between âapplicantsâ and âpermit holdersâ regarding legal protections:
Applicants:
- Possess primarily procedural rights related to their application process
- Can claim legitimate expectations based on existing legislation, administrative guidance, and established practice
- Have limited substantive rights until a favorable decision is issued
- Are more vulnerable to legislative changes, though some protection exists through legitimate expectations doctrine
Permit holders:
- Have acquired rights incorporated into their legal patrimony
- Can exercise the full range of substantive rights granted by their permits
- Maintain procedural rights related to permit renewal
- Enjoy stronger protection against legislative changes that might affect existing rights
The transition from legitimate expectations to acquired rights typically occurs when an administrative decision is formally issued granting a permit. However, Portuguese administrative law recognizes that substantial financial investment strengthens an applicantâs legitimate expectations:
- The greater the investment relying on the administrative framework, the stronger the legitimate expectations
- This is particularly true when the investment was explicitly encouraged by the state
In the Golden Visa context, applicantsâ substantial financial investments (âŹ250,000 to âŹ500,000 minimum) create stronger legitimate expectations than in ordinary administrative procedures. The stateâs explicit encouragement of investment for immigration purposes creates a stronger duty of protection, and courts recognize that investorsâ legitimate expectations deserve special consideration due to their reliance on the programâs conditions.
Grandfather clauses in recent changes
Both the 2022 and 2023 changes to the Golden Visa program included specific grandfather provisions for pending applications:
2023 Mais Habitação Law:
- Pending Applications: Applications submitted before October 6, 2023, continue to be evaluated according to laws in place at submission time.
- Existing Golden Visa Holders: Their rights, including renewals, family reunification, and permanent residency applications, remain intact.
- Transition Mechanism: Upon renewal, Golden Visa residence permits based on real estate investment will be converted into residence permits for immigrant entrepreneurs (D2 visa type), but original investments donât need to be changed.
- Minimum Stay Requirements: Remains unchanged at an average of seven days annually for the first year, followed by 14 days every two years thereafter.
2022 Changes (Decree-Law 14/2021):
- Non-Retroactivity: Changes explicitly applied only to applications submitted after January 1, 2022.
- Renewals Protected: The possibility of renewing residence permits obtained under previous rules was expressly preserved.
- No Phased Transition: A clear-cut date (January 1, 2022) was established after which new rules would apply.
Courts have consistently upheld the principle of non-retroactivity in applying these Golden Visa regulations. When legal challenges arose regarding the governmentâs initial proposal to make the 2023 changes retroactive to February 16, 2023, constitutional experts concluded this would be unconstitutional, and the final version of the law abandoned the retroactive approach.
Conclusion
Portuguese law provides substantial protection for pending Golden Visa applicants who have already made investments but are still waiting for approval. While this protection isnât as robust as the âacquired rightsâ enjoyed by approved permit holders, the constitutional principles of non-retroactivity and legitimate expectations create significant safeguards against retroactive changes that would disadvantage those who have already committed substantial resources.
The Portuguese government has consistently recognized these protections by including explicit grandfather clauses in Golden Visa program changes, ensuring that pending applications are evaluated under the rules in effect at submission time. Courts have generally upheld these protections, recognizing that significant financial investments strengthen legitimate expectations and create a higher duty of protection for the state.
For pending applicants who are part of the current backlog, these legal principles provide important assurance that their applications will be evaluated under the rules that existed when they made their investments and submitted their applications, regardless of subsequent program changes.
1 Like
Iâve shared hoping this info can help people, as I have access to costly research subscription. People can do their research and verify the info if they want. Not sure why you are concerned about me trusting this info or not â you donât know me and I donât know you.