What is the difference between the D7 and the golden visa in Portugal?

Answers

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  Raquel de Matos Esteves

  RME Legal, Soc. de Advogados, SP, RL

  February 06, 2023

  The most important consideration regarding the fact that the applicant wants to live in Portugal or not, meaning make Portugal his/her main residency. Under the Golden Visa, the applicant has low minimum stay requirements (7 days/year), under the D7 Visa the applicant should not be outside of Portugal more than 6 consecutive months or 8 nonconsecutive months during the validity of the residence card (meaning the stay requirements would be 16 months/2 years). That said, under the GV program, it is possible not to be deemed as a tax resident in Portugal (provided the applicant spends less than 183 days herein and is deemed as tax residence elsewhere); under the D7 Visa the applicant is supposed to be registered as a resident for tax purposes in Portugal. Under the GV the applicant can live in Portugal and become a tax resident, but he/she is free to change it anytime, without losing the residence title. Other major difference is, of course, under the D7 visa there is no investment required.

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  Tiago Gali Macedo

  NEXT/Gali Macedo & Associados

  March 07, 2022

  There are several differences between the residence permits issued under the D7 and the golden visa programs in Portugal. The main ones are concerned with the actions that need to be performed in order to become eligible to apply. The golden visa integrates several different types of investments such as the purchase of a real estate property worth at least 500,000 euros. Unlike the golden visa, the D7 visa is meant for entrepreneurs and applicants who already have an income from their country of origin and is specific to highly qualified job positions, which are foreseen by the government. The D7 visa is dependent on your skills and your qualifications that fulfill the Portuguese government’s criteria. Should they not, you will still be able to apply for a residence permit under the general rules (for example, the D2 Visa, which is meant for applicants who wish to come to Portugal to work, either for a certain entity or by creating their own job position).

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  Sara Sousa Rebolo

  Prime Legal

  March 05, 2022

  In terms of residency options, please note that in the Portuguese system, you must always start with a temporary residence and only after five years, you can apply for permanent residency (this one is valid for five years). Under the temporary residencies, you have: A. Standard ones: No minimum investment amounts required, although a minimum of 705 euros/monthly income proof must be made; D1 – by labour contract; D2 – by entrepreneurship / freelancer activities / start up visa; D3 – by high qualified activity (tech visa); D7 – by holding passive income. The procedure is, general rule, similar for all of these options – requesting a visa at the Portuguese consulate/VFS provider, valid for four months, during which the applicant comes to Portugal and concludes the process before the immigration services grant a temporary permit of two years, renewable for three. Holder cannot be out of Portugal for more than six consecutive or eight interpolated months during the card validity, except for reasons legally foreseen and subjectively considered by the Immigration Office. Tax implications exist if Portugal becomes the center of interests or if the holder spends more than six months in Portugal/year; * Residency by Investment (Golden Visa): by doing an investment in Portuguese territory (financial, corporate, real estate or donation, starting on the 250,000). The procedure starts online, after the conclusion of the investment. After around four months, the applicant receives a notification of admission and later a notification to book the appointment to come to Portugal. At this appointment, hard copies of the application documents are delivered and biometric data collected. The final approval comes within six to nine months, with a temporary permit of 2 years, renewable for twice. A permit holder is only requested to stay seven days per year but can live, work or study permanently, if they wish to. No tax implications unless the client relocates to Portugal and spends more than six months in Portugal/year. A and B options all allow access to health and educational system, and lead to citizenship after five years, as well as allow family reunification, although in different terms for children with 18 years old or more - golden visa being more flexible.

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  Diogo Capela

  Lamares, Capela & Associados, Sociedade de Advogados

  February 28, 2022

  The differences between the D7 visa and the golden visa are: D7 visa doesn't require that you invest; you just need to demonstrate you are retired, or a person living from personal revenue (movable or immovable assets). On the other hand, the golden visa requires that you make an investment in Portugal, in real estate, transfer of capital or creating jobs. With the D7, you cannot stay outside Portugal for more than six months in a row or eight months interpolated within the validity of the residence card; on the other hand, with the golden visa you just need to stay in Portugal, on average, for seven days per year.

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  Barbara Pestana

  PaxLegal Law

  February 24, 2022

  The D7 visa, is intended for applicants who intend to live permanently in Portugal and who are retired and have passive income, or their own income. There are three main distinctive features in the two regimes: (1) requirement for investment; (2) mandatory period of stay in the territory; (3) government fees. In the D7, there is an obligation to stay in Portugal (holders of temporary residence cannot, at least without justification, be absent from the territory for more than six consecutive months or eight interpolated during the validity of the card), but there is no legal requirement to make any investment. The golden visa, on the other hand, requires making and maintaining a minimum investment of a few hundred thousand euros, but only requires a period of 14 days every two years. Another aspect that may be considered are the fees for granting temporary and permanent residence, which are much higher in the golden visa than in the D7; the first ranging in the thousands, and the second in the hundreds. Both visas allow professional activity in Portugal, and both regimes allow to have a tax residence in Portugal, benefiting of the RNH regime, if the applicant has not been taxed as a resident in the country in the previous five years.