Nationality and Foreigners Law
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Frequently Asked Questions
The main advantages of the ARI programme are:
- Residence visa waiver to enter in Portugal;
- Living and working in Portugal, under the condition of staying in Portugal for a period of at least 7 days, in the first year, and 14 days, in the subsequent years;
- Visa exemption for travelling within the Schengen Area;
- Family reunification;
- Applying for permanent residence (pursuant to the Aliens Act – Law no. 23/2007 of 4 July with the current wording);
- Applying for Portuguese citizenship, by naturalization, (Law no. 37/81 of 3 October, with the current wording).
Non - EU and non - EEE nationals are eligible for the ARI / Golden Visa scheme.
- Capital transfer of € 1 million or more;
- The creation of, at least, 10 job positions;
- The purchase of real estate property with a value equal to or above € 500 thousand;
- The purchase of real estate property, with construction dating back more than 30 years or located in urban regeneration areas, for refurbishing, for a total value equal to or above € 350 thousand;
- Capital transfer with a value equal to or above € 350 thousand for investment in research activities conducted by public or private scientific research institutions involved in the national scientific or technologic system;
- Capital transfer with a value equal to or above € 250 thousand for an investment in artistic output or supporting the arts, for reconstruction or refurbishment of the national heritage, through the local and central authorities, public institutions, public corporate sector, public foundations, private foundations of public interest, networked local authorities, local corporate sector organizations, local associations and public cultural associations, pursuing activities of artistic output, and reconstruction or maintenance of the national heritage;
- Capital transfer in the amount of € 350 thousand, or higher, for the acquisition of units of investment funds or venture capital funds dedicated to the capitalisation of companies, capital injected under the Portuguese legislation, whose maturity, at the moment of the investment, is, at least, of five years and, at least, 60% of the investments are made in commercial companies with head office in national territory;
- Capital transfer of € 350 thousand, or higher, for constitution of a commercial company with head office in the national territory, combined with the creation of five permanent working jobs, or for the reinforcement of the share capital of a already existing, commercial company with head office in the national territory, creating or keeping jobs, with a minimum of five permanent jobs, and for a minimum period of three years;
- Job creation, real estate purchase and research activities investment routes may be reduced in 20%, provided that they are made in sparsely populated areas or where the GDP per capita is below 75% of the national average: minimum € 400.000 in the purchase of real estate and minimum € 280.000 in the purchase of real estate that is at least 30 years old or located in urban regeneration area for refurbishing.
The granting of a residence permit shall entail:
- “Clean” criminal records;
- No indication in the Schengen Information System or in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Portuguese Aliens Act.
Documents and general requirements to apply:
- Full passport copy;
- Evidence of entry and legal stay in the Portuguese Territory;
- Proof of health care system / insurance (when in Portugal for more than 7 days);
- Extract from the criminal record of the country of origin, or of the country of residence when residing there for 1 year, duly legalized by the competent Portuguese diplomatic representation or by means of Hague Apostille;
- Proof of tax identification number, or equivalent, of the country of origin, residence or tax residence;
- Sworn Statement by which the Applicant declares to comply with all the minimum quantitative and time requirements (five years) of the investment;
- Non-debt certificate from the Portuguese Tax Authorities and Social Security;
Documents related to the investment:
- Documents related to the investment made, depending on the type of investment chosen, (ex. when purchasing real estate, the title deed is a necessary document.)
The legal minimum period of stay begins after the approval of the ARI application and issuance of the residence card.
Yes. However, there is the possibility of changing the investment, as long as certain requirements are fulfilled.
Yes, for the purpose of making the investment, the investor must have a tax payer number and a bank account in Portugal, which requires additional documentation, such as, proof of address and proof of professional activity.
- Online pre-registration at http://ari.sef.pt;
- After the pre-registration is accepted, the Investor must Schedule an appointment for biometric data collection at SEF;
- Appointment at SEF for biometric data collection.
- Documents issued outside of Portugal must be recognized by a Portuguese Embassy or Consulate.
- If the country of the Investor joined the Hague Convention of 5 October 1961, the documents can be legalized by Apostille.
The application for Family Reunification can be submitted simultaneously with the main Investor’s application, however always subject to the approval of the latter.
The family members are:
- The spouse;
- Minor unmarried or incapable children under the care of one of the spouses;
- Minor adopted children;
- The unmarried adult children attending an educational establishment, regardless of the country they are in;
- The first-degree relatives in the direct ascending line of the Investor or his or her spouse, as long as financially dependent;
- The minor siblings, provided they are under the Investors care and dependency;
Spouse:
- Full copy of the passport;
- Proof of legal entry in Portugal;
- Marriage Certificate and affidavit confirming the couple is still married;
- Criminal Record issued in the three months prior to the submission (from the country of origin and country of residence, if residing there for 1 year.
Children:
- Full copy of the passport;
- Proof of legal entry in Portugal;
- Birth certificate;
- Proof that the child is still financially dependent on the parents;
- Criminal record if the child is 16 or older, issued in the three months prior to the submission (from the country of origin and country of residence if residing for 1 year);
Parents of the investor:
- Full copy of the passport;
- Proof of legal entry in Portugal;
- Birth certificate of the investor;
- Proof of the family member’s economic dependency;
- Criminal record issued in the three months prior to the submission (from the country of origin and country of residence, if residing for 1 year).
The table of fees is periodically updated.
Currently the fees are:
- For the reception and analysis of the initial application or renewal of residence permit for an investment activity € 532,70;
- For the issuing of the residence permit for an investment activity € 5.324,60;
- For the renewal of the residence permit for an investment activity € 2.662,30;
- Family reunification;
- Education;
- Work;
- Vocational guidance, professional training, further training and retraining;
- Access to public health;
- Access to law and the courts.
- Request for renewal must be submitted 30 days prior to its expiry;
- Schedule of appointment at SEF’s facilities;
- Submission of the same documents as in the first request.
According to the current legal regime, differently from other permanent residency regimes, the holder of a permanent residence permit will not lose the authorization if he/she does not stay in Portugal for a certain period of time.
- Application delivered personally signed by the applicant;
- Passport or any other valid travel document;
- Evidence of sufficient means of subsistence;
- Evidence that the applicant has adequate accommodation;
- Permission for SEF to check Portuguese criminal record;
- Supporting evidence of fulfilled tax and social security obligations;
- The applicant must hold a temporary Residence Permit for a minimum period of five years (the ARI/Golden Visa);
- Document proving the applicant’s basic knowledge of the Portuguese language (A2 level according to the Common European Framework of Reference for Languages).
- Being a EU citizen;
- Possibility of living in any of the EU countries;
- Passport with visa free access for up to 184 countries (Portugal has been ranked in the 5th position in the Henley & Partners 2019 Passport Index ranking).
The Portuguese Citizenship Act lays down the requirements to apply and obtain Portuguese Citizenship.
The Government grants Portuguese nationality, by naturalization, to foreigners who satisfy each of the following requirements:
- Be of age or emancipated under Portuguese law (18 years old or 16 years old, if married);
- Have resided lawfully in the Portuguese territory for a minimum of five years (under Portuguese law the ARI/Golden Visa permit is a legal temporary residence permit in Portugal);
- Have sufficient knowledge of the Portuguese language;
- Have not been convicted of a crime punishable under the Portuguese law with imprisonment up to a maximum equal to three or more years;
- Not being considered a danger or a threat to national security or defence, by their involvement in activities related to the practice of terrorism, pursuant to the Law in force;
- Connections to Portuguese Community.
- Formal request addressed to the Minister of Justice;
- Full copy of the birth certificate;
- Proof of the applicant’s sufficient knowledge of the Portuguese language;
- Clean criminal record issued by the competent services of the country of origin and nationality, duly translated into Portuguese;
- Statement issued by the Immigration and Borders Office proving that the applicant has been legally residing in the Portuguese territory for at least 5 years.
- The application is presented to the Central Registry Office;
- The Central Registry Office must make a summary analysis of the application and if it is rejected, the applicant is given 20 days to reply;
- If the application is accepted, the procedure will continue and the Central Registry Office will proceed with the due diligence together with the Criminal Police and the Immigration and Border Office;
- Subsequently, the Registry Office will issue its formal opinion (parecer):
- If the opinion is positive (to grant Portuguese citizenship), the process is submitted to the Minister of Justice for final decision;
- If the position is negative (not grant Portuguese citizenship), the applicant will be given 20 days to reply. After the 20 days and the applicant’s reply, the process is submitted to the Minister of Justice for final decision.
- If the decision of the Minister of Justice is::
- Positive, it will be registered in the Central Registry Office;
- Negative, the applicant can appeal to National Courts.
- In the event of reasonable and founded doubts, the Public Prosecutor may object to the acquisition of Portuguese citizenship by the applicants.
The Public Prosecutor may judicially oppose the acquisition of Portuguese citizenship in the following cases:
- The lack of effective connection with the local community;
- Having been convicted (final decision from a Court) for committing a crime punishable by imprisonment of a maximum of three years or more, according to Portuguese law;
- The exercise of public functions without a predominantly technical character or the provision of non-compulsory military service to a foreign State;
- The existence of danger or threat to national security or defence by the applicant’s involvement in activities related to the practice of terrorism.
Who can help you
Pedro Catão Pinheiro
Managing Associate
Tiago Gali Macedo
Managing Partner
Tiago de Castro Baptista
Associate