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Lawyers for
portugal GOLDEN VISA

PORTUGUESE RESIDENCE FOR INVESTMENT ACTIVITY

The golden visa Portugal allows non-eu citizens to
obtain a residence permit and the portuguese passport

Golden visa: Whats is it?

Portugal has VISA reserved for non-European Union citizens willing to invest in the local economy. The main goal is to attract foreign investors/capital into the Portuguese Economy.

This VISA program – called Golden Visa (or Golden Residence) – benefits from the fact that its holders have the right to apply – after 5 years – to become a Portuguese Citizen and/or a permanent Portuguese resident.

Benefits of Portugal Golden Visa

Minimum stay of 7 days (1st year) and 14 days /following years) in Portugal to be eligible for the renewal after the two first years.

Eligibility for the Portuguese citizenship after five years.

Freedom of movements inside the Schengen Area;

Eligibility for the new post-NHR (Non-Habitual Resident Tax scheme).

Portugal Golden Visa requirements

EURO 250.000€ in Portuguese arts, culture, and heritage (donation);

EURO 500.000€ in R&D projects, Portuguese companies, Investment Funds for corporate capitalization – intended for the acquisition of shares in non-real estate collective investment entities, which are constituted under Portuguese law, whose maturity at the time of investment is at least five years and at least 60% of the value of the investments is realized in commercial companies based in the national territory

EURO 500,000€ for the establishment of a commercial company headquartered in the national territory, combined with the creation of five permanent jobs, or to reinforce the share capital of a commercial company headquartered in the national territory, already established, with the creation of at least five permanent jobs or maintenance of at least ten jobs, with a minimum of five permanent, and for a minimum period of three years.

Creation of, at least, 10 permanent jobs (or 8, if in a low density area);

TRAVEL AND VISA-FREE COUNTRIES

The Golden Visa holder is allowed to freely travel within Europe and, once he/she gets the Portuguese citizenship, becomes holder of the 4th strongest passport in the world.

RIGHTS OF A GOLDEN VISA HOLDER

The Portuguese Golden Visa holder is allowed to work, live, study or simply enjoy our beautiful Portugal. 

However, to be a golden Visa holder for 5 years, you don’t need to live in Portugal. A minimum stay of 7 days (in the first year of the residence permit) and 14 days per year (years 2 to 5 of the residence permit) will be enough to meet the minimum standards.

FAMILY (RE)UNIFICATION

The main applicant may include all his/her family members, as long as they are financially dependents from him/her. This extension can be done either simultaneously or later. However, you have to bear in mind that the 5 years for the citizenship start counting when the applicant has the visa issued. So, the longer your family members take to start the process, the longer it will take for them to become Portuguese.

The family members eligible to join the main applicant are his/her spouse, children under 18 years old, children between 18 and 26 years old, if unmarried and financially dependent and parents over 65 years old, if financially dependents.

Benefits of Portugal Golden Visa

PORTUGUESE PASSPORT

Both the main applicant and his/her dependents may apply for the Portuguese citizenship once they hold the Golden Visa for more than 5 years.
Additional requirements are:

  • No outstanding tax payments in Portugal;
  • Clean criminal records from Portugal and from your country of origin (misdemeanors don’t count);
  • Approval in a basic Portuguese language test.

Portugal Golden Visa tax benefits

If you don’t spend more than 183 days per year in Portugal, you will not be considered as a tax resident in Portugal.  However, if you become a tax-resident in Portugal, you will be eligible for the new transitional non-habitual residency (NHR) program, according to which you may benefit from the following tax rates for the following 10 years:

  • 20% flat tax rate over salaries/freelancing income.

US Citizens shall be aware that:

You may qualify to exclude your foreign earnings from income up to $112,000/year, if you comply with the IRS exceptions.

WHAT NATIONALITIES CAN APPLY?

Any non-European Union/Iceland/Liechtenstein/Norway/Swiss national is eligible for the Golden Visa.

PRE-REQUISITES

  • Minimum 18 years old;
  • Clean criminal record from from Portugal and from your country of origin (misdemeanors don’t count);
  • Eligible investment must be funded by foreign sources.

WHO ARE WE?

We are a Portugal Golden Visa law firm focused on foreign clients and investment attraction to Portugal. Our immigration department is led by a Lawyer enrolled in the Portuguese Bar Association for over 20 years and our team is composed by lawyers, solicitors and paralegals, responsible for several hundreds of Portuguese Visa and citizenship applications.

And, because we are lawyers, we are forbidden, by the Portuguese Bar Association Statutory regulations, to partner and/or to receive any kind of payment/compensation/commission from any funds. This way, you can be sure that we will always and solely defend your own interests, instead of leading you into a specific product, fund or company investment, when you Invest in Portugal Golden Visa.

Many companies advertise Golden Visa advisory, making you believe that their business is the Golden Visa application assistance. Unfortunately, that is not true. Their main goal is to lead you to invest in a specific investment product/fund, that will be paying a commission/referral.

Some investment funds – mostly linked to the Real Estate business – will offer you, free of charge, the legal assistance on the Golden Visa application. However, you will be assisted by professionals paid the own investment fund. And, let’s say, their exemption and independence is, at least, at risk. The professional paid by the fund will be the professional assisting you in, for instance, due diligence and/or compliance acts. So, the said professional/expert in Golden Visa applications will be performing acts of due diligence, in your name, about a fund that is paying for their services. At least, there is a conflict of interests.

That is why we strongly recommend that you hire an independent Portuguese Golden Visa Lawyer or Golden Visa Attorney. These are the only professionals that are legally bound to defend the interests of the person that hires them (and is paying for their work).

That is why you should always suspect of someone that is offering a “visa-in-hand” solution, because, in our opinion, there is a incompatibility between defending your interests and offering a solution that has a product/property involved.

Our Lisbon Golden Visa Team and our Porto Golden Visa Team have all the background and expertize you may need to make a safe and profitable investment in your Portuguese Golden Visa.

Portuguese Lawyers or Solicitors are legally forbidden to advise/recommend any kind of product/investment.

what can we do for you then?

That is why we cover the following services when you invest in Investment Funds:

  • Due-diligence on investment funds linked to the capitalization of Portuguese Companies or to real estate projects:
    • Fund solvability in the present
    • Analysis of the contracts;
    • Verification of both the surface right and of the binding clause to the entity chosen to explore the property;
    • Review of the mandatory buyback clause;
    • Analysis of the fund future solvability to comply with the buyback clause;
    • General acts of compliance.
 

Contact us to learn more about the services we can provide.

Request a Free Consultation

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