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Immigration News

Immigration News

17-Apr-2023

PORTUGAL - PUBLIC DISCUSSION RECENT UPDATE

As updated by our Law firm, based on the announcement on 30th March 2023, in the press conference held by the PM, the Government has finally delivered to the Parliament the proposed amendments to the immigration law, which are part of the proposal +Habitação (Housing).

The submission to the Parliament, which became available last night, has some interesting points. As anticipated, the Government maintained its position regarding the end of the Golden Visa program. Though, there are a few significant changes in the wording used compared to the initial version shared in the presentation.  Based on the update we received from our law firm, enclosed the following points:

RENEWALS AND CONVERSION INTO D2 RESIDENCY:  In the first document presented by the Government, still in February, it was mentioned that the possibility of renewals for holders of investments in real estate options would be dependent on the rental of the property for housing purposes. 

Though, this degree does not appear in the document offered to Parliament on April 14th. It is evident in the proposal that renewals will be admitted on the same terms as have been so far. 

Despite the mandatory conversion of the application into the Entrepreneurs Residency Permit (D2 visa), they will be granted an exception regarding the minimum mandatory stay in Portugal, namely the applicants will be asked for a minimum of 7 days in the first year of residency and 14 days in the subsequent periods of two years of residency.

INCLUSION OF SUBMISSIONS AFTER FEBRUARY 16TH: Also, around is no mention of the potential retroactive effects previously announced. 

Not only for the already submitted applications since February 16th but also for all the applications submitted until the law proposed becomes into force. The measure applies not only to Investors but also to their relatives applying under family reunification. 

We trust that the Government has dropped this measure after the massive public message, including the one from the President of the Republic, showing the unconstitutionality of such action.

PERMANENT RESIDENCY:  Applicants can keep applying for permanent residence and keep their minimum stay in the same terms as predicted for the Golden Visa.

INVESTMENTS FOR CULTURAL MATTERS:  Applications for Investments under artistic production, recovery, or maintenance of cultural heritage will still be admitted. 

Concerning this topic, it is possible that during the discussion in the Parliament, other investment options will also be included as still allowed.

IMPLEMENTATION OF THE NEW LAW:  According to the article presented, the law related to the end of the Golden Visa regime is predicted to be implemented the next day after publication. However, a notice period may be introduced to the proposal during Parliament discussions.

Contempt the intentions mentioned above, and as explained in our previous articles, we do not anticipate that there will be any discussions on this matter in Parliament before the beginning of May, taking into consideration the available agenda of the Parliament.  Also, the whole Legislative process is expected to take a minimum of 2 months.

In any case, and even with a fair proposal as the one presented, we along with the Law firm will keep working in our Investor’s best interests, specifically with the request for a transition period between the publishing of the law and implementation. However, it is essential to mention that now is the moment to invest.

As a last memo, it is also of reference that the opposition party has already delivered to the Parliament a proposal for keeping the Golden Visa Regime in the Administrative Area of the Madeira Archipelago. Therefore, it is expected that the Azores Area will also request an exception.

We will continue to monitor the situation  and update as closely as possible, keeping investors and our applicants informed of any developments while we remain available for any clarifications. 

Our Law firm will be taking part actively time-to-time and keep our prospective clients informed about the current discussion and decisions on the Golden visa to Portugal.

Bilimoria & Associate is a leading immigration visa service provider in India and has seamlessly helped thousands of people migrate to different countries towards obtaining Residence visas / permit.

Whether you are looking to build your future in Australia, New Zealand, Canada, the USA, the UK, or Portugal, we will guide you and do the needful in fulfilling your dream to live and work in these countries. Meanwhile, if you have any queries related to immigration, the visa process or the latest updates, you can call our office on +91 44 2823 9229 / +91 44 2822 7127 / +91 444 350 8191 (or) mail us at neville@bilimoriaassociate.com 

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