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Immigration and Foreign Investment
BAS’s team has extensive experience in processing applications for the Residence Permit for Investment Activities (ARI), within the Golden Visas investment program in Portugal, both in the real estate and capital context.
BAS also provides legal advice for the Non-Habitual Resident Tax Regime (RNH). The team’s multidisciplinarity and experience allow, in an integrated way, to ensure that its clients, emigrants and foreigners who wish to obtain a residence permit in Portugal, fulfil all the requirements to access the RNH tax regime, organizing the whole process until the final approval of the non-habitual resident status.
The Non-Habitual Resident Statute constitutes a special tax regime suitable for foreigners who wish to live in Portugal or for Portuguese nationals who have emigrated and now intend to return.
This area of expertise involves a multidisciplinary team [see below the teams] with experience in the areas of Real Estate Law, Corporate Law and Banking and Financial Law.
Residence Permit for Investment Activities Regime (ARI)
The Residence Permit for Investment Activities Regime (ARI) is commonly referred to as Visa Gold.
BAS has extensive experience in the ARI’s process management, in all its aspects, as well as in associated operations, and the company’s lawyers have experience in dealing, since 2013, with the changes and challenges inherent to this investment program.
ARI is initially granted for a period of one year, which may be subject to renewals, each for a period of two years, if the respective assumptions, in particular with respect to the investment, remain valid. After five years, a permanent residence permit may be granted, or the investor may continue renewing his ARI.
Legal Services relating to real estate investment
a) Analysis of the relevant documentation referring to the property selected by the Investor (Client), seeking to identify any foreseeable liabilities that can block its acquisition;
b) Drawing of the preliminary Purchase and Sale contract for the selected property;
c) Representation of the Client in the granting of the Public Deed of Purchase and Sale; and
d) Follow-up on the registration of the transaction with the Land Registry and Tax Authority.
Legal Services related to the ARI process
a) Communication with the Client in order to advise and review the documentation necessary to instruct the process with the SEF – Immigration and Borders Service;
b) To accompany the client and his family in the trips to the public departments, including the Immigration and Borders Service (SEF);
c) Picking up of the residence card/permit with the SEF.
Legal services subject to individual analysis and proposal
a) Constitution of investment vehicles;
b) Legal advice in the context of multiple investments, or non-real estate investments (e.g. various real estate or financial products);
c) Analysis of the legal situation of the present or future lease of the selected property;
d) Analysis or advice in the context of the demand or contracting of bank loans and their guarantees.
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