I’m a golden visa holder, having purchased real estate in Portugal in 2015. The Prime Minister said that current golden visa holders will have their status changed to a regular 5-year residency. Does this mean I have to stay in Portugal for 6 months a year if I want to eventually get citizenship?
At this time it isn't possible to answer your question. At the moment, we just have a proposal that needs to be discussed and approved, so we don’t know exactly the accuracy and the terms of this ending until we have a published law. Until it happens, Portuguese law stands.
Although this has been the latest news regarding the renewal conditions, it is important to understand that this hasn't yet come into effect and, should the law pass with these exact conditions for renewals, the most likely scenario is that judicial litigation will be initiated by the investors and their representatives in order to secure the right to keep the Residence Permit under the previous valid regime.
The Government proposed the Golden Visa title being “treated under the general regime”, which does not contemplate the option of short stays in Portugal. Public opinion has already alerted to this incongruence and the Parliament will discuss the law proposal to be presented by the Government. We understand there are grounds to consider any change on your rights unconstitutional and therefore even if the law passes, action can be most likely taken.
It is possible that the new law converts current Golden Visa cards into other types of cards. The details are not yet defined neither the law approved. Even if that occurs and investors are subject to the general regime, law professionals are of the opinion that investors are entitled to go to court to defend the right to previous regime.
For the time being, there are still no decisions made. The proposal needs first to be discussed in the parliament and enacted by the President. Nevertheless, the governmental proposal pretends to apply the general rule of emigration, it means the 6 months. If that is the case, in our point of view, there are good chances to demand in court the Portuguese government and win.
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