New Immigration Rules to the Portuguese Immigration Law was issued, introducing significant changes aimed at streamlining processes and incorporating online procedures. Here’s a summarized version of the official document:
1) Digital Submission:
Applications for residence permits, both new and renewals, are now encouraged to be submitted digitally through a designated online platform accessible via a central services portal.
2) Enhanced Security Measures:
To combat illicit activities, applications for residence permits will be digitally submitted using qualified electronic signatures. Residence permits will be handed over in person at AIMA offices, reinforcing security measures.
3) Administrative Approval for Researchers:
A new provision allows for administrative approval for residence permits applied for by third-country nationals holding a ‘researcher’ or ‘researcher mobility’ permit from an EU member state, provided there is no opposition within 30 days.
4) Family Reunification Automation:
Anticipating government statements, an online platform is being introduced for automated family reunification processes.
5) Golden Visa Program Updates:
Changes to the Golden Visa program include a shift to “access to supporting information” instead of requiring specific documents. AIMA can request opinions from competent national entities to verify investment fulfillment, broadening oversight.
6) Monitoring Group Powers:
AIMA, along with relevant entities, will now assess investment activities biennially, emphasizing their impact on science, culture, foreign direct investment, and job creation.
7) Transition for Pending Applications:
Pending applications and renewals for residence permits related to investments before October 2023 will follow the entrepreneurial immigrant regime, with necessary adjustments.
8) Automation and Simplification:
The key aspect of the new law is automation, with AIMA gaining extensive powers to consult databases for efficient processing.
AIMA is required to check application requirements within 15 days, promoting simplicity by reducing physical documentation.
9) Verification through Online Systems:
Criminal record verification in third countries is to be done through online systems, resorting to traditional certificates only when necessary.
Verification of legal entry and stay in Portugal will be conducted using online systems, potentially posing challenges for longer-term residence permits.
Conclusion and Impact of New Immigration Rules:
The amendments aim to alleviate delays through online processing but also introduce stricter measures against abusive immigration practices.
The changes may pose risks for certain residency program renewals and tax status qualifications, emphasizing the need for careful consideration when choosing programs.
To help you navigate these new rules and several amendments, don’t hesitate to contact our team of lawyers here.
