The problems related to issuing and renewing golden visas at
the Foreigners and Borders Service (SEF) seem to have no end in sight. Delays
in scheduling – a necessary step to obtain a Residence Permit for Investment
(ARI) – skyrocketed after the pandemic, with one investor even having to wait
18 months for a meeting with the SEF. Now, dozens of foreign investors are
taking cases relating to delays in obtaining a golden visa to court and so far
SEF has lost 18 cases, according to a report by idealista.
The controversies surrounding SEF continue. The ARI platform
was frozen between January and mid-June, preventing foreigners from submitting
their applications for golden visas. In June, the ARI platform was operational
again. But problems at SEF continued. The issue turned to delays in scheduling
appointments to obtain golden visas, which can take up to two years when the
law provides for a period of 90 days.
Scheduling with the SEF is a necessary step to obtain the
golden visa, appearing after the application for the program has been
previously approved by the specialists of that entity. At this stage, the
legally required documentation is delivered and the biometric data of foreign
investors is collected. But, for this to be possible, they must arrange a
meeting with the SEF.
With scheduling deadlines slipping and vacancies becoming
scarce, a British investor decided to take SEF to court with the help of lawyer
Bettino Zanini, an immigration specialist. The case was filed with the court on
April 11, 2022. And, in July, the lawyer received the judge's final decision:
SEF would have to analyse and decide on his client's request for golden visas
and, if the application fulfilled all the required criteria, it would have to
make an appointment available to the investor within 10 days, the lawyer told
idealista/news. Today, the British investor is waiting for the final approval
of the process.
But this is not a unique case. SEF has already lost a total
of 18 court cases caused by delays in scheduling to obtain golden visas. And
there are even more cases under analysis by the Portuguese justice system.
"63 cases were filed in the courts, requesting the
scheduling/granting/renewal of residence permits for investment", said the
SEF quoted by CNN Portugal. Lawyer Bettino Zanini has already won four cases
and is waiting for the decision of another five.
To book appointments with SEF, foreign investors have to
look at the vacancies made available by the platform. The point is that, after
the pandemic, vacancies became scarce. And now, investors with approved gold
visa applications wait months before receiving an email to schedule an
appointment. “Waiting times between approval and scheduling have increased
considerably,” Bettino told idealista/news.
After the application is analysed by SEF specialists and
receives the green light, the entity must indicate which dates are available to
schedule the appointment (the next step). Here, the law provides for 60 working
days, that is, 90 days in a row, although there are cases in which an extension
of the period is allowed due to the need for additional data, for example. But,
according to the lawyer, this process took 18 months after the pandemic.
It is within the deadlines provided for in the law for
appointments that the courts have based favourable decisions for foreign
investors who, after making large investments in the country (mostly in real
estate), want to obtain gold visas quickly. The decision of the courts is
therefore due to the fact that "SEF's delay in these processes, often
exceeding one year for each phase, is not legal", explained the lawyer.
By taking these cases to court, Bettino Zanini wants “things to get better. All lawyers experience the same difficulty and receive the frustration of clients who trusted a program, within a reasonable period of time and, after a year and two months, are still stuck in the first stage and with no prospect of seeing the situation resolved”, he concluded.