Navigating Portugal's Golden Visa Wait: Legal Strategies and Practical Solutions

15/5/2025

Introduction

The Portugal Golden Visa is Europes premier residency and citizenship by investment program, particularly well suited to successful foreign nationals seeking second passport security in part because of the ability to engage in the program from afar with only 14 days of 'in country' requirement every 24 months.

The majority of our investors are US citizens, and for the first time, as a result of new insecurities born of a less predictable administration, they are asking the question, 'but what if I have to get to Portugal sooner?' With processing times at AIMA (Portuguese Immigration Services) averaging 12-18 months, this is a good question, one which we aim to answer with this comprehensive guide, exploring the legal realities, practical solutions, and recent policy changes that affect your ability to relocate during the application process.

Legal Status During the Golden Visa Wait

Understanding your exact legal position during the waiting period is crucial for making informed decisions about relocating to Portugal.

Pre-2022 Applicants: Protected Status

Applicants who submitted their Golden Visa applications before December 31, 2021, enjoy a protected legal status under Despacho n.º 12870-C/2021. This special provision ensures that:

Your stay in Portugal is considered legally regular throughout the entire review process
This protection continues until a final decision is issued on your application
You can legally reside in Portugal without concerns about overstaying

Post-2022 Applicants: The Legal Gray Area

For applications submitted after December 2021, the legal situation requires more careful navigation:

From a strictly legal perspective, staying in Portugal beyond your visa validity or visa-free period (typically 90 days within a 180-day period for most nationalities) places you in an irregular status
Portuguese authorities have demonstrated significant flexibility in practice, allowing applicants to remain while awaiting decisions
This flexibility is unofficial and does not guarantee protection from technical immigration violations
Pre-approval status significantly strengthens your position and reduces potential complications

The Application Timeline

For applications submitted after December 2021, the legal situation requires more careful navigation:

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→ Initial Application Submission - 2 months - Regular visitor status (Schengen rules apply)

→ Waiting for Biometrics Appointments - 12 months - Gray area (document showing scheduled appointment helps)

→ Post Biometrics, Pre-Approval - 6 months - Stronger position (biometrics receipt serves as evidence)

→ After Pre-Approval, Before Card Issuance - 6 months - Most secure waiting position (pre-approval document widely accepted)

→ Card Issuance - Final Step - Full legal residency status

Practical Solutions For Your Stay

Option 1: Strategic Use of Schengen Short-Stay Rules

For those not planning immediate relocation:

Utilize the 90/180 day Schengen rule strategically
Plan visits to Portugal for key appointments while maintaining principal residence elsewhere
Reset your Schengen "clock" by spending time in non-Schengen territories (UK, Ireland, Cyprus, Romania, Bulgaria, or countries outside Europe)
Use a Schengen calculator app to track remaining days precisely

Pros: Maintains clear legal status, avoids potential complications, doesn't trigger tax residency
‍Cons: Limited time in Portugal, travel expenses, disruptive to establishing local connections

Option 2: Securing a National Visa First

This approach provides immediate legal residency while waiting for your Golden Visa:

Apply for a D7 visa (passive income/remote work)
Apply for a D2 visa (entrepreneurs)
Apply for the Digital Nomad visa (recent addition)

The process involves:

Applying for the national visa at a Portuguese consulate in your country
Entering Portugal with the temporary visa
Converting to a residence permit
Later submitting your Golden Visa application

Pros: Immediate legal residency, access to all services, peace of mind, clear status for travel
‍Cons: Additional documentation requirements, consular appointments, potential confusion if both applications proceed simultaneously

IMPORTANT Note: If you already have a pending Golden Visa application and subsequently apply for a residence permit based on a national visa (D7/D2/Digital Nomad), AIMA will automatically cancel your Golden Visa application, assuming you've chosen the newer residency path.

Option 3: Entry/Exit Strategies

Some applicants choose to:

Enter Portugal legally (visa or visa-free as applicable)
Remain during the initial processing period
Temporarily leave before exceeding legal limits
Return for critical appointments

Pros: Balanced approach, reduces travel disruption
‍Cons: Requires careful planning, potential border questions

Travel Considerations While Waiting

Documentation Checklist for Travelers

When traveling to/from Portugal during your waiting period, always carry:

Your passport with relevant visas
Proof of Golden Visa application submission
Biometrics appointment confirmation (or receipt of completion)
Pre-approval notification if received
Proof of accommodation in Portugal
Health insurance coverage
Return/onward tickets
Contact information for your legal representative

Communicating with Airlines

This is likely overkill, and would only be necessary if you had already used your full European allowance for the year. Otherwise ignore the below -

Proactive communication with airlines is essential to avoid boarding denials:

Contact the airline at least 72 hours before departure
Explain your pending residency status in Portugal
Provide all supporting documentation
Request an "OK to board" remark on your booking
Arrive at the airport early for potential additional screening

Template Email for Airlines:

Subject: Travel Documentation Verification - Pending Portuguese Residence Permit Dear [Airline] Customer Service, I am traveling on [date] on flight [number] from [origin] to [destination]. I wish to inform you that I have a pending residence permit application in Portugal (ARI/Golden Visa program). I have attached the following documentation confirming my legal status: 1. Proof of application submission 2. Biometrics appointment confirmation 3. Pre-approval notification [if applicable] 4. [Any other relevant documents] According to Portuguese immigration practices, these documents allow me to [enter/remain in/exit] Portugal while my application is being processed. I kindly request that you add an "OK to board" remark to my booking to prevent any issues at check-in. Thank you for your assistance. Sincerely, [Your Name] [Contact Information]

Avoiding Schengen Transit Complications

Book direct flights between Portugal and your home country whenever possible
If layovers are unavoidable, choose non-Schengen transit points (London, Dublin, etc.)
If transiting through another Schengen country, ensure you have all documentation readily accessible and allocate extra time for potential questions

Daily Life During the Wait

Banking Access

Most Portuguese banks will allow you to open accounts with:

Proof of address in Portugal
NIF (Portuguese tax number)
Passport
Proof of Golden Visa application/pre-approval

Some banks (particularly Millennium BCP and Novobanco) have specialized departments for Golden Visa applicants and are more familiar with the process.

Healthcare Options

While waiting for your residence card:

Private health insurance is essential (and a requirement for your application)
Many private hospitals and clinics accept direct payment or international insurance
Access to the public SNS system may be limited until you have your residence card
Emergency care is available to everyone regardless of status

School Enrollment

Portuguese schools have shown flexibility for children of Golden Visa applicants:

Private international schools generally accept enrollment with proof of application
Public schools may require additional documentation but typically accommodate children whose parents show proof of pending residency
Universities may offer conditional enrollment

Housing Considerations

Most landlords accept a NIF and passport for rental agreements
Utility connections generally require only an address and NIF
Consider initially using short to medium-term accommodations with utilities included until your status is more settled

Tax Implications

A critical consideration that requires professional advice:

Spending more than 183 days in Portugal typically triggers tax residency
Portugal's Non-Habitual Resident (NHR) tax program offers significant benefits but requires planning
Consult with a tax professional before establishing physical presence that could trigger tax residency

Recent Policy Updates

2024-2025 Extensions

The Portuguese government has implemented temporary measures to address immigration backlogs:

Documents and visas related to staying in Portugal that expired after June 2024 are automatically valid until June 30, 2025
These documents continue to be accepted after June 30, 2025, provided the holder can prove they have scheduled renewal
This extension applies to pending Golden Visa applications and residence cards awaiting renewal
Industry experts anticipate this extension will likely be renewed for additional periods

Documenting Your Extended Validity

To leverage these extensions:

Keep digital and physical copies of all expired documents
Obtain and save screenshots or confirmations of any renewal appointments
Carry a printed copy of the official announcement (Decree-Law) extending validity periods

Frequently Asked Questions

Q: Can I work in Portugal while waiting for my Golden Visa? A: Legally, you cannot work without proper authorization. The Golden Visa application itself does not grant work rights during the waiting period. If working is essential, consider the D2 or Digital Nomad visa (D7) path first.

Q: Do I need to maintain my investment if my application is taking longer than expected? A: Yes. Your investment must remain intact until final approval and throughout the required maintenance period specified for your investment type.

Q: What happens if I'm questioned at immigration when entering Portugal during the waiting period? A: Remain calm, present your application documentation, and explain your situation clearly. Immigration officers in Portugal are generally familiar with the Golden Visa process and delays.

Q: Can my family members stay in Portugal while waiting for our Golden Visa? A: Family members included in your application generally have the same status as the main applicant. They should follow the same precautions and carry the same documentation.

Q: How do I prove my address in Portugal without a residence card? A: A rental agreement, utility bills, or a term of responsibility (Termo de Responsabilidade) from a Portuguese resident can serve as proof of address for most administrative purposes.

Resources

AIMA Official Website - Portuguese Immigration Services
SEF Portal for ARI Applications - Online platform for Golden Visa applications
Portuguese Ministry of Foreign Affairs - Information on visas and consular services
Portuguese Tax Authority - For NIF registration and tax information
National Health Service (SNS) - Healthcare information

Conclusion

While waiting for your Golden Visa approval presents challenges, with proper planning and understanding of the legal nuances, you can navigate this period successfully. Portugal continues to welcome investors and has demonstrated flexibility in addressing the realities of extended processing times.

Remember that individual circumstances vary, and we recommend a consultation with one of our legal partners who specialise in Portuguese immigration and will give you personalised guidance. With the right approach, you can begin enjoying life in Portugal even before your official residency card arrives.

Disclaimer: This article provides general information and should not be construed as legal advice. Immigration regulations and practices are subject to change. Always consult with qualified legal professionals regarding your specific situation.

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