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How do I as a non habitual resident in Portugal apply for permanent residency?

I would like to know how I as a non habitual resident can apply for permanent residency or citizenship in Portugal in the future?


Answers
  • RME Legal, Soc. de Advogados, SP, RL
    February 06, 2023

    The Non-Habitual Resident tax regime is not related to any immigration status or nationality. That said, Portuguese nationals can apply for the NHR status (provided they have not been tax residents in Portugal during the previous 5 years) and foreign citizens under the NHR status can apply for permanent residency or become Portuguese citizens without losing their rights related to the NHR status.

  • NEXT/Gali Macedo & Associados
    May 18, 2021

    Unfortunately, Portugal does not provide any kind of direct permanent residence or citizenship-by-investment program. Instead, it offers a residence program for investment purposes (Golden Visa). To apply for a Portuguese citizenship or permanent residency, first you will have to apply for a temporary residence permit under the Golden Visa program for a period of five years. Once you fulfill the five-year period, you will be entitled to apply for either a permanent residence or the Portuguese citizenship. Also, please bear in mind that residency and tax residency are two different applications, before two different authorities, and can be executed independently; the Non-Habitual Residency is a tax regime, approved by the Portuguese tax authorities, whereas the temporary and permanent residencies are approved by the Portuguese Foreigners and Border Services – SEF. Therefore, as one is not dependent or conditioned on the other, you can become a resident in Portugal via the Golden Visa program (in which, by default, it is mandatory to apply for a NIF) and not become a tax resident, and vice versa.

  • May 21, 2021

    Yes, you can, it is a tax issue. For the citizenship issue, it has to be seen with the migratory regime.

  • N-Advogados
    May 18, 2021

    You only can apply for one spouse to get residency in Portugal. Notwithstanding, we think the Portugal residency program is the best option suited to your requirement. If you apply for a Portuguese resident certificate, you’ll be allowed to work in other EU states with this residency certificate. The Portugal residency program can lead to EU citizenship faster than any other program and allows for more flexibility of movement than any of the other countries.

  • Ei Imigrante
    May 18, 2021

    This is a common misunderstanding. There needs to be a separation between the immigration part of the process and the tax part. The NHR is a special tax regime. Those enrolled benefit from tax reductions and exemptions, however, the NHR has nothing to do with citizenship requests or permanent residency requests. This has to do with the immigration portion. In order to obtain permanent residency, you need to have five years of temporary residency first. After these five years are completed, you may apply for permanent residency. In the sequence, you may also apply for the Portuguese citizenship, because you have fulfilled the five-year residency requirement, regardless if you are or are not enrolled in the NHR program. In order to maintain your NHR status, you need to maintain your tax domicile in Portugal and to do so, you need to keep your residency valid.