The legislative amendment regarding the qualification of Investments to obtain a Residence Permit for Investment – Golden Visa – published in Decree-Law no. 14/2021 of February 12, will enter into force on January 1, 2022.
This amendment introduces some changes to the regime that applies to all applications for residence permits through investment, which are submitted after the date of entry into force of the said diploma.
The changes are essentially based on the increase of the minimum amounts of capital investment, as well as the introduction of limitations in the geographical areas of application of real estate investment for housing purposes, by redirecting investment to the interior territories, thus encouraging the requalification of urban and cultural heritage.
Thus, as of January 1, 2022, the main differences will be as follows:
The simple transfer of capital (bank deposit, acquisition of public debt instruments of the Portuguese State, acquisition and securities or other shareholdings) will have as a minimum amount € 1,500,000.00;
The transfer of capital invested in research activities developed by institutions integrated in the national scientific and technological system, will have as a minimum investment amount € 500,000.00;
The transfer of capital invested in research activities developed by institutions integrated in the national scientific and technological system, will have as a minimum investment amount € 500,000.00
The acquisition of units in investment funds or venture capital funds dedicated to the capitalization of companies, goes from a minimum investment of € 350,000.00 to € 500,000.00;
The transfer of capital intended for the constitution of a national commercial company, with the creation of 5 permanent jobs, or for the reinforcement of the share capital of a national commercial company already constituted, with the creation or maintenance of 5 jobs, increases your minimum investment amount to €500,000.00.
Having said that, it is important to note that the minimum investment amount in the acquisition of real estate is not changed, maintaining the amounts of € 350,000.00 and € 500,000.00, if it is for rehabilitation, or not, respectively, also maintaining the benefit of reducing this minimum investment amount by 20% if the imIt is located in an area of low population density.
One of the most significant changes in the scope of real estate investment is related to properties that are intended for housing, and their acquisition is only eligible to obtain the "Golden Visa" if they are located in the autonomous regions of the Azores and Madeira or in certain interior areas of the country – https://files.dre.pt/1s/2017/07/13400/0373103734.pdf.
However, real estate intended for services, commerce and tourism, such as offices, shops, tourist apartments, aparthotels and the like, anywhere in the country remain eligible as an investment under the terms referred to above.
Real estate investment funds have been an alternative to the real estate sector, and it is certain that this type of investment allows foreign investors to remain eligible to obtain the Golden Visa, being a way to continue to invest in heritage located in the coastal strip and metropolitan areas of Portugal, without resorting to direct investment in real estate for housing.
It should also be noted that all renewal processes or applications for family reunification will be safeguarded, even if requested after 1 January 2022, already under the aforementioned amendments.
All the benefits inherent to obtaining the Golden Visa remain unchanged, namely the extension of the visa to your household (spouse, children, dependent ascendants and de facto united), as well as the possibility for the holder to apply for Portuguese citizenship after 5 years. We take the opportunity here to highlight the practical success in terms of nationality processes submitted by our offices in Portugal, for Clients who have obtained the Golden Visa, who have already seen Portuguese nationality granted.
Considering the changes resulting from Decree-Law no. 14/2021, of February 12, it can be said that the Golden Visa remains a very appealing regime.