Immigration and Foreign Investment
Immigration
The BAS team brings together extensive experience in processing orders for Residence Permit for Investment Activities (ARI), within the scope of the Golden Visa investment program in Portugal, whether in the real estate or capital investment context.
BAS also provides legal advice for the purpose of accessing the Non-Habitual Resident (NHR) tax regime. The team’s multidisciplinary approach and experience allow them to work in an integrated manner to ensure that their clients, emigrants and foreigners wishing to obtain residency in Portugal, meet all the requirements to access the non-habitual resident (NHR) tax regime, organizing the entire process until the final approval of non-habitual resident status.
The Non-Habitual Resident Status constitutes a special tax regime suitable for foreigners who wish to live in Portugal or for Portuguese citizens who emigrated and now wish to return.
This area of expertise involves a multidisciplinary team [see team contacts below] with experience in the areas of Real Estate Law, Corporate Law, and Banking and Finance Law.
Residence Permit for Investment Activities (ARI) Scheme
The Residence Permit for Investment Activities (ARI) scheme is commonly referred to as the Golden Visa.
BAS has extensive experience in managing ARI processes in all their aspects, as well as in associated operations, and the firm’s lawyers have been accustomed to dealing with the changes and challenges inherent in the investment program since 2013.
The ARI (Authorization for Investment in Water Rights) is initially granted for a period of one year, which may be renewed for a period of two years each, if the respective conditions remain valid, especially with regard to investment. After five years, a permanent residence permit may be granted, or the investor may continue to renew their ARI (Authorization for Investment Receipt).
Legal services related to real estate investment.
a) Analysis of the relevant documentation relating to the property selected by the Investor (Client), seeking to identify any encumbrances or liens that would prevent the acquisition;
b) Drafting a Preliminary Purchase and Sale Agreement for the selected property;
c) Representation of the Client in the execution of the Public Deed of Purchase and Sale; and
d) Monitoring the registration of the transaction at the Land Registry Office and the Federal Revenue Service.
Legal services related to the ARI process.
a) Communication with the Client with a view to advising on and reviewing the documentation required to complete the process with the SEF – Foreigners and Borders Service;
b) Accompany the client and family members on visits to public offices, including the Immigration and Borders Service (SEF);
c) Collection of the residence card/authorization from the SEF (Immigration and Borders Service).
Legal services subject to individual analysis and proposal.
a) Establishment of investment vehicles;
b) Legal advice in the context of multiple investments, or non-real estate investments (e.g., multiple properties or financial products);
c) Analysis of the legal status of the current or future lease of the selected property;
d) Analysis or advice in the search for or constitution of bank loans and respective guarantees.
