# Right to reside?



## travelling-man (Jun 17, 2011)

If a non EU passport holder invests in Portugal by buying a holiday home here does he then have the right to reside here at a later date and if not, what criteria would he have to fulfil to get the right to reside at some time in the future (should he so desire it) please?


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## canoeman (Mar 3, 2011)

Property value needs to be minimum of 500,000€ to qualify for Right to Reside under the Golden Residence Scheme otherwise he would be subject to any Visa requirement to visit Portugal or normal application for Residence


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## travelling-man (Jun 17, 2011)

So if he invested that amount in what would initially be a holiday home, would he then be able to claim residency as a right if he decided to make PT his permanent home at some time in the future?


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## canoeman (Mar 3, 2011)

Doesn't work quite like that he would need to make the application at the time of purchase don't believe you can say buy this year and then at some time in future claim the right to reside, it's the purchase that triggers the application being rubber stamped and the families right to reunification.

And there's no saying how long the scheme will run


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## travelling-man (Jun 17, 2011)

Thanks....... that's what I was afraid of....... Am I right in thinking that if he bought & applied, that approval would fall away after a set period if he wasn't able to make PT his permanent home straight away?


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## canoeman (Mar 3, 2011)

Believe so because he has to make the application to become a Resident and then if he didn't fulfill the obligations that creates then his Residency would become void due to absence beyond permitted time which is 6 months per year plus he would also need to consider any tax obligations Residency implies


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## travelling-man (Jun 17, 2011)

OK. Thanks.


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## bom dia lisbon (Aug 8, 2013)

For the Golden Residency program, I am of the belief that there is only a nominal "physical residency" requirement, something like one or two weeks per year.


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## canoeman (Mar 3, 2011)

When you delve into Act it says
"

Article 5 
[…] 
1- For residence permit renewal purposes, applicants under 
paragraph 2 may be asked to deliver evidence that they 
complied with the following minimum periods of 
permanence in National Territory: 
a) 7days, consecutive or otherwise, in the 1st year; 
b) 14 days, consecutive or otherwise, in the subsequent 
two year periods. 
What it doesn't say is what the requirement is after 2 years, think a discussion with SEF reguired for clarification, nor is there any mention of any tax implications which as a Resident is that person is required to file a IRS return and declare worldwide income so a lot of clarification needed


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## travelling-man (Jun 17, 2011)

Ah...... there might be hope then.

He's a South African & pays his tax there so assuming a double tax agreement, he should be OK with a bit of luck.


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## canoeman (Mar 3, 2011)

Yes but needs checking also the Non Habitual Residence Tax scheme might be applicable and might also be benificial


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