# Portugal Golden VISA Questions



## homestreich

I was wondering if anyone has experience with this relatively new visa option? I'm an American citizen and am considering the option to buy a property for 500,000 Euros.

I have read that under this visa one only needs to spend 42 days altogether in five years to be granted permanent residency. Is the same true for gaining citizenship, or would one need to stay in Portugal more days each year?

Also, under the Family Reunification law, would my 20 year old son be able to get a residence permit leading to permanent residency and citizenship?

Conversely, if my son were to purchase the property, could I "reunite" with him and/or retire in his home and get the same benefits?

Finally, I'm thinking of contacting a lawyer. Does anyone have a recommendation for someone familiar with this?


----------



## canoeman

Suggest careful reading and research required, not sure where this 42 days in 5 years comes from? you see that Residence must be confirmed within 90 days, yes family regrouping possible but only if original criteria met and kept, also the word *may* is used in Permanent Residence and Citizenship

Portal SEF

Citizenship requires 6 years legal Residence before application can be made


----------



## homestreich

canoeman said:


> Suggest careful reading and research required, not sure where this 42 days in 5 years comes from?


Here is a portion of what I've read is the latest policy as of October 2012: 
_
Key Benefits of a Golden Visa

Flexibility to reside outside of Portugal even after the residence permit is granted.* An investor can have Portuguese residence if he spends a minimum of 7 days in the first year of residence in Portugal, and 14 in each of the following 2-year periods.*

The applicant may apply for family reunion visa to have family members also granted a Portuguese Permit. This will allow families to live, study, travel and work freely in the entire European Union.

The applicant is entitled to Portuguese citizenship. After 6 years of official residence, the applicant can request a Portuguese Passport._

And yes, I agree it needs to be thoroughly researched. Hence I'm looking for a good lawyer!


----------



## homestreich

homestreich said:


> _
> 
> The applicant is entitled to Portuguese citizenship. After 6 years of *official residence*, the applicant can request a Portuguese Passport._


Does anyone know precisely what *"official residence"* means in terms of days needed to physically reside in Portugal over the 6 year period to be eligible for citizenship, and whether it's different for Golden visa holders?


----------



## canoeman

As far as I'm aware official Residency is 183 days in a 12 month period, there are 2 further definitions but they relate *solely* to tax Residency

Applying for Portuguese Nationality

"Foreign legal resident for 6 years (n.º 1 of art. 6.º of the LN)"
"In order to apply for Portuguese nationality, when demanded by the “Conservatória dos Registos Centrais” offices it can be requested, at the SEF’s Regional Delegation of the area of residence, a Document proving that the citizen resides legally (and for how long), with Residence Permit or Visa, in Portugal."

Further information Lei da Nacionalidade
As the 7/14/14 for you as investor/owner is Residency requirement for 1st 3 years then you'd need a further 3 years at +183 days to qualify, I have the feeling though that for family members under "reunification" would require the full 6 years at +183 days, one of other requirements is proof of Portuguese min level 2?

Your link for Key Benefits doesn't work, further information here http://www.sef.pt/documentos/56/ARIEN2.pdf which doesn't mention this 7/14/14 days in 1st 3 years, although it does in this PDF extract of Artice (Law) 2013 http://www.sef.pt/documentos/35/11820-A-2012.pdf 
which is less than the Article of 2012 http://www.sef.pt/documentos/35/11820-A-2012.pdf

You could just apply for a Residency Visa without having to make a 500,000€ min house purchase, depends on what is best for you


----------



## anapedrosa

If you at any point decide to take residency for greater than 183 days, I suspect you will also want an accountant. I used a Lisbon accountant to help my folks with the non-habitual residence, they were experienced and successful in the application process.

I don't know a lawyer well versed in these issues, but I would recommend you look in Lisbon for something like this. I have found the lawyers in small towns (at least those I have encountered) tend not to have experience with these types of issues.


----------



## Jose Carlos Lopes

homestreich said:


> I was wondering if anyone has experience with this relatively new visa option? I'm an American citizen and am considering the option to buy a property for 500,000 Euros.
> 
> I have read that under this visa one only needs to spend 42 days altogether in five years to be granted permanent residency. Is the same true for gaining citizenship, or would one need to stay in Portugal more days each year?
> 
> Also, under the Family Reunification law, would my 20 year old son be able to get a residence permit leading to permanent residency and citizenship?
> 
> Conversely, if my son were to purchase the property, could I "reunite" with him and/or retire in his home and get the same benefits?
> 
> Finally, I'm thinking of contacting a lawyer. Does anyone have a recommendation for someone familiar with this?


Thank you very much for your email. We analyse your questions and please see our answers below:


I was wondering if anyone has experience with this relatively new visa option? I'm an American citizen and am considering the option to buy a property for 500,000 Euros.

I have read that under this visa one only needs to spend 42 days altogether in five years to be granted permanent residency. Is the same true for gaining citizenship, or would one need to stay in Portugal more days each year?
In the first year after obtaining the Golden Visa the investor shall have to spend 7 days in Portugal. With the renovation of the Golden Visa, 14 days every two years means that the investor must be, in the period of two years, 14 days in Portugal which means that he can either stay 14 days in the first year of the renovation or 14 days in the second year of renovation or 7 days in the first and 7 in the second. He may come as many times as he wants provided that he stays for a total period of 14 days.
According to the general rules regarding foreigners, the person should in fact have a legal residence in Portugal for 6 years before applying for the Portuguese Citizenship. 
Nevertheless, the new regime of Golden Visa establishes that investors do not have to be living in Portugal for 6 years before applying to said citizenship. Therefore, this new regime is different and more favorable to the investor than the general rules. In fact, investors must only be in Portugal for the above mentioned period (7 + 14 + 14) for 5 years and only on the 6thyear, the general rules apply again.

Therefore, the applicants of the Portuguese citizenship do not have to live in Portugal for six years, but only need to have a “legal residence” in Portugal (Golden Visa, temporary residence or permanent residence). 

Therefore, in our opinion, and accordingly to what the foreigners and borders office informed us, and please bear in mind that what is the law today may not be the law in five years time, the investor may acquire the nationality in 6 years if he has a golden visa permit for 6 years (provided that all the other requirements are met) or even in case he has a golden visa permit for 5 years and in the 6th he has a permanent residency he may apply for the citizenship as well. 

Also, under the Family Reunification law, would my 20 year old son be able to get a residence permit leading to permanent residency and citizenship? Yes. But the law foresses that she has to be single and study in Portugal althought the Immigation services has already told us informally that they are acepting the ones who continue to study abroad. 

Conversely, if my son were to purchase the property, could I "reunite" with him and/or retire in his home and get the same benefits? Is it possible if you are able to prove that you economically depend on him.

Finally, I'm thinking of contacting a lawyer. Does anyone have a recommendation for someone familiar with this?
***********

Kind regards,
José Carlos Lopes


----------



## joselema

*Living in Portugal for 7 Years*

I am a US citizen with residency in Portugal for the past 7 years and in the process of obtaining a Portuguese Citizenship. I have contracted the services of a relocation firm that has been helping us with many administrative processes including visa application and extensions, citizenship application, social security and health insurance, driver's license and property purchase. We are very happy with their service and as we know what to expect and the real time to get things done. If you need their contact I will be happy to provide the reference information.
Portugal is a fantastic country to live in (we have lived in the US, Venezuela, Colombia, Japan, Mexico, Italy and Belgium) but not free of problems and complex legal processes. Portugal is a developed country that is part of the European Union but still has many third country institutions and related processes. I strongly recommend you seek proper advise. 
Recognize that when you become a Portuguese Citizen, your worldwide income becomes taxable in Portugal where taxes are significantly higher than in the US. Taxes are also unpredictable as everytime there is a financial crisis the government imposes new solidarity taxes on the "rich". If you own a 500K Euro property in Portugal you will be one of the rich. These emergency taxes can be retroactive and can be significant.
You will be receiving a resident permit for two years that can be extended for additional equal periods. For an extension, you have to file many documents including tax returns, property title, proof of income or bank deposits in Portugal and more. To apply for a permanent residency or citizenship you need to prove that you have been a resident for 6 years or more, prove that you have ties to the community and that you can communicate in Portugiese. For this last, you need to pass an exam that is available from the University in Lisbon. This test is not available regularly. The space is limited to 250 candidates and the last time it was offered 5000 people showed up to apply. If it was not for the relocation company there was no way we could have made the cut. My wife and I both passed the exam. Citizenship application processing takes a year.
I am not sure how much time you have to spend in Portugal each year but we were never asked when we renewed our visa. We spend significant time in the US and lived in Brussels for two years during the six year period. This of course is another EU country.
Please feel free to let me know if I can be of further help.


----------



## bom dia lisbon

Joselema, could you please elaborate on this exam from the University of Lisbon? Is this the A2 level Portuguese exam? Or something else?

If the Portuguese exam, it is my understanding that one can take a course in any qualified and certified language school. Certificates are issued that are accepted as proof of language competency for the purpose of obtaining residency. In fact, I took the course and exam elsewhere, and I have such a certificate.

If a different exam, please advise, thanks!

Also, that's great that you were happy with the services of the relocation firm. But anyone else reading this should know that all of those things - visa, social security, drivers license, etc - are perfectly doable without such assistance. Even as someone with only the aforementioned A2 level language competency


----------



## canoeman

As you say bom dia exam can be taken at any qualified and certified language school, agents and relocation firms can be useful to deal with the bureaucracy but if preparation correct not really necessary and sometimes can be detrimental if they don't fully understand your leaving countries requirements which can create a separate area of difficulty.

A year for Citizenship really should not take that long if everything in place even here


----------



## joselema

*Portuguese Language Exam*



bom dia lisbon said:


> Joselema, could you please elaborate on this exam from the University of Lisbon? Is this the A2 level Portuguese exam? Or something else?
> 
> If the Portuguese exam, it is my understanding that one can take a course in any qualified and certified language school. Certificates are issued that are accepted as proof of language competency for the purpose of obtaining residency. In fact, I took the course and exam elsewhere, and I have such a certificate.
> 
> If a different exam, please advise, thanks!
> 
> Also, that's great that you were happy with the services of the relocation firm. But anyone else reading this should know that all of those things - visa, social security, drivers license, etc - are perfectly doable without such assistance. Even as someone with only the aforementioned A2 level language competency


The exam is the A2 competency test. In the past ok to answer a few questions to the SEF Officer to show understanding of Portuguese. Then it was ok to have a certificate from a language school. Now the exam should be taken at Faculdade de Letras da Universidade de Lisboa Centro de Avaliação de Português Língua Estrangeira. The cost is 75 Euros.


----------



## joselema

It is true that the different processes can be done direclty by the applicant. However I have found that as rules change often applicants are sent back again and again for additional documents or additional processes. The relocation firm we have used in Portugal has been diligent and have confirmed that all documents are ok before we go to the Government office. When we go in we do not wait in line and just sign the documents when needed. Of course this has a cost. I must clarify that actually dealing with the Portuguese Imigration office is a better experience that in other counrties, particularly the US. We have lived in many countries and have always used a well known local relocation agent.


----------



## canoeman

Application for Portuguese Citizenship is now handled by The Institute of Registration IRN or Conservatoria as it is referred to, offices always located at the Court House of your Camara and some Citizens Shops or the Consulate of the country your residing in.

Currently the language requirement is to present the certificate as part of overall application and not any requirement to attend a specific place in Lisbon, maybe as your Lisbon based this is a local thing

Just with reference to the Golden scheme although Residency is a lure it's not guaranteed


----------



## bom dia lisbon

Within the past 30 days, I picked up my A2 certificate and applied (and was approved) for my first renewal of residency. This is in Lisboa.

As part of my renewal documentation, I presented the language certificate at the SEF office and asked if it was sufficient, and the answer was yes. But they didn't take it from me at this point as it's not required for another couple of years in my residency process.

I believe the exam given by the University is for those who want to demonstrate their proficiency without taking classes. Either method is acceptable.

I can see how the consultant could save some headaches. But for those of us with more time than money, the "baptism by fire" education into the world of bureaucracy has been invaluable


----------



## joselema

bom dia lisbon said:


> Within the past 30 days, I picked up my A2 certificate and applied (and was approved) for my first renewal of residency. This is in Lisboa.
> 
> As part of my renewal documentation, I presented the language certificate at the SEF office and asked if it was sufficient, and the answer was yes. But they didn't take it from me at this point as it's not required for another couple of years in my residency process.
> 
> I believe the exam given by the University is for those who want to demonstrate their proficiency without taking classes. Either method is acceptable.
> 
> I can see how the consultant could save some headaches. But for those of us with more time than money, the "baptism by fire" education into the world of bureaucracy has been invaluable


You are right, you do not need the certificate for the temporary residency visa. It is only needed for the Permanent residency visa and for citizenship. You can see how confusing these rules are so often.


----------



## quelfesgirl

I know of Lawyers in the Algarve who have experience in processing Golden Visas, if you want any contact details please PM me


----------



## canoeman

Like agents, lawyers can be useful to process applications but not really necessary? the information on requirement and proof reguired are well laid out and quite straightforward especially for Portugal and grounds for possible refusal clearly stated, but then when you consider the investment reguired probably wouldn't add a great deal to your lawyer, solicitors bill especially if you said "if you want my business you do this for me in your fee"


----------



## joselema

*Lawyers*



canoeman said:


> Like agents, lawyers can be useful to process applications but not really necessary? the information on requirement and proof reguired are well laid out and quite straightforward especially for Portugal and grounds for possible refusal clearly stated, but then when you consider the investment reguired probably wouldn't add a great deal to your lawyer, solicitors bill especially if you said "if you want my business you do this for me in your fee"


Canoeman you are right. It is not essential to have a lawyer or agent involved if ou have the time to do it yourself. But often processes change and after waiting for hours in a SEF office you are sent back to get an additional signature or paper or whatever else. I agree that a lawyer is not necessary in these processes as this is not a matter of law. This is about completing an administrative procedure. If you are working sometimes it is worth paying for the service than spending endless hours in government offices.


----------



## canoeman

Yes I do agree SEF can be a bit of a nightmare sometimes, but the Golden scheme compared to Visa and Residency applications is extremely straightforward and can be done online, in Portugal or at a Consulate
http://www.sef.pt/documentos/56/ARIEN2.pdf
further information
http://www.sef.pt/documentos/56/ARI_FAQ_EN_I.pdf

but when it comes to the next stage of reunification of family or permanent Residency then a solicitor or agent can be useful or worth their fee


----------



## canoeman

Yes I do agree SEF can be a bit of a nightmare sometimes, but the Golden scheme compared to Visa and Residency applications is extremely straightforward and can be done online, in Portugal or at a Consulate
http://www.sef.pt/documentos/56/ARIEN2.pdf
further information
http://www.sef.pt/documentos/56/ARI_FAQ_EN_I.pdf

but when it comes to the next stage of reunification of family or permanent Residency then a solicitor or agent can be useful or worth their fee


----------

