Changes in Portugal Citizenship Law

Portugal’s parliament has recently ratified modifications to the country’s nationality law, introducing a significant change in how residency duration is calculated for citizenship eligibility. Under the revised law, individuals residing in Portugal can commence their five-year citizenship countdown from the date they submit their residency application, rather than waiting for approval. This alteration potentially truncates the journey to citizenship by several years.

Previously, foreign residents in Portugal became eligible for Portuguese citizenship five years after their residency permit approval. However, bureaucratic inefficiencies within the immigration system often prolonged the gap between application submission and approval, sometimes by two or more years. Consequently, individuals, including golden visa investors, found themselves waiting 7-8 years from the initial application to reach naturalization eligibility due to administrative delays, affecting various residency categories, not just investment-based ones.

To rectify this issue, Article 15 of the amended law introduces a pivotal change. It stipulates that the duration since the request for a temporary residence title shall also be considered for citizenship eligibility, provided the application is approved. This measure acknowledges the harm caused by administrative delays and aims to rectify it through an administrative and automatic adjustment.

However, there’s a nuanced discussion about the starting point for this calculation. Adriano Vieira of AIM Global raises the query regarding whether the count should commence from the biometric collection or the online application submission. Immigration law firm Prime Legal suggests that, particularly for golden visa applicants, the count should begin from the online application submission date and payment of the processing fee.

Prime Legal justifies this interpretation based on several factors, including the completion of legal investment requirements at the time of application and the assignment of a process number. This interpretation implies that applicants can initiate their five-year count from the online submission date, potentially expediting their path to citizenship.

Ana Rita Reis from Edge International Lawyers highlights the practical implications of these changes, emphasizing that individuals won’t lose time due to approval delays, as the submission date now holds significance for citizenship eligibility. She provides examples illustrating how the law affects golden visa investors, ensuring clarity on citizenship timelines despite potential processing delays.

Despite these developments, the amendments are pending final approval. They await endorsement from the President, who holds the authority to approve, veto, or refer them to the Constitutional Court for further evaluation.

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Understanding Risks and Mitigating Financial Crime in Citizenship and Residency by Investment (CBI/RBI) Programs

Citizenship and residency by investment (CBI/RBI) programs are governmental initiatives designed to expedite or bypass standard immigration procedures, granting citizenship or residency to foreign investors. While these programs have the potential to stimulate economic growth through increased foreign investment, they’ve also become magnets for individuals seeking to exploit loopholes for criminal activities, laundering large sums of illicitly acquired funds estimated in billions of dollars.

Responding to the call by FATF Ministers in April 2022 for intensified anti-corruption efforts, the FATF collaborated with the Organisation for Economic Co-operation and Development (OECD) to delve into the money laundering and financial crime risks linked to CBI/RBI programs. This exploration encompassed threats involving foreign bribery, fraud, corruption, and their adverse effects on public integrity, taxation, and migration.

“Countries granting citizenship and residency to affluent investors through ‘golden’ passport and visa programs can potentially stimulate economic progress. However, these avenues are increasingly exploited by criminals and corrupt entities aiming to launder money, obscure identities, or engage in further unlawful activities. This report urges governments overseeing these programs to implement stringent safeguards for a risk-sensitive administration,” highlighted FATF President T. Raja Kumar.

While properly managed CBI/RBI programs offer advantages to host nations and participants, the reality is that they carry significant risks of money laundering, fraud, and various forms of exploitation.

The report underscores how CBI programs facilitate global mobility for criminals, enabling them to conceal identities and illicit activities behind shell companies in different jurisdictions. It also sheds light on vulnerabilities inherent in these intricate international investment migration programs, citing the frequent involvement of intermediaries, collaboration among multiple government agencies, exploitation by professional facilitators, and the absence of robust governance of CBI/RBI programs.

“Criminal exploitation of citizenship and residency programs constitutes a multi-billion-dollar enterprise for laundering the proceeds of corruption and fraud, evading justice, or gaining access to other countries. Our joint FATF-OECD endeavor identifies risks and vulnerabilities in golden visa schemes, offering a suite of mitigation measures to guide policymakers and program operators, including rigorous due diligence, transparency, and integrity mechanisms,” emphasized OECD Secretary-General Cormann.

The report presents a series of recommendations and exemplifies best practices to assist policymakers and those responsible for managing investment migration programs in addressing these risks. These encompass comprehensive analyses of how criminals exploit CBI/RBI programs and strategies for incorporating risk-mitigation measures, such as intricate due diligence, into program designs. It underscores the heightened risks of financial crime, not solely related to the applicants but also involving professional facilitators and intermediaries. Consequently, clarifying roles and responsibilities across all involved parties in RBI/CBI programs is crucial to detecting fraudulent activities.

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Italiya priostanavlivayet predostavleniye “Zolotykh Viz” dlya grazhdan RF i RB Pravitel’stvo Italii prinyalo resheniye prekratit’ vydachu viz “Zolotoy Vizy” investoram iz Rossiyskoy Federatsii i Respubliki Belarus’. Etot shag byl predprinyat posle boleye chem goda s momenta rekomendatsiy, predostavlennykh Yevropeyskoy komissiyey. Po ofitsial’noy informatsii, v techeniye 2022 goda, v period rassmotreniya etogo resheniya, Italiya utverdila 32 zayavki grazhdan RF iz 36 podannykh i predostavila im dvukhletniye vizy. Eto kolichestvo prevyshayet summu odobrennykh zayavok ot drugikh stran, vzyatykh vmeste. Dannyye za 2023 god poka nedostupny. Ital’yanskaya programma “Zolotoy Vizy” pozvolyayet poluchit’ vid na zhitel’stvo srokom na dva goda (kotoryy mozhet byt’ prodlen na tri goda) v obmen na investitsii v razmere 2 millionov yevro v ital’yanskiye gosudarstvennyye obligatsii, vnesti vklad na summu 500 000 yevro v ital’yanskuyu kompaniyu, vlozhit’ 250 000 yevro v ital’yanskiy startap ili pozhertvovat’ 1 million yevro na blagotvoritel’nyye initsiativy v Italii. Vozmozhnost’ prozhivaniya s VNZH mozhet byt’ prodlena na tri goda, a po istechenii desyatiletnego sroka obladateli takogo statusa mogut podat’ zayavleniye na polucheniye grazhdanstva Italii. VNZH, Italiya, Migratsiya, Zolotaya viza, PMZH, Ещё ​Посмотреть дополнительные материалы 1 229 / 5 000 Результаты перевода Перевод Italy suspends the provision of “Golden Visas” for citizens of the Russian Federation and the Republic of Belarus

The Italian government has decided to stop issuing Golden Visa visas to investors from the Russian Federation and the Republic of Belarus. The move comes after more than a year since the advice provided by the European Commission.

According to official information, during 2022, during the period of consideration of this decision, Italy approved 32 applications of Russian citizens out of 36 submitted and granted them two-year visas. This number exceeds the sum of approved applications from other countries taken together. Data for 2023 is not yet available.

The Italian Golden Visa program allows you to obtain a residence permit for a period of two years (which can be extended for three years) in exchange for an investment of 2 million euros in Italian government bonds, make a contribution of 500,000 euros to an Italian company, invest 250,000 euros to an Italian startup or donate 1 million euros to charitable initiatives in Italy.

The possibility of residence with a residence permit can be extended for three years, and after a ten-year period, holders of such status can apply for Italian citizenship.

 

Residency in Italy: Temporary and Permanent Options for Foreigners

Italy permit of stay for working reason

Non EU nationals who plan to work in Italy for more than 90 days generally need a visa for employment and then a residence card issued locally. This route results in a permit of stay for working reason, which falls under the broader framework of a temporary residence permit italy and is tied to a specific employer, role, and contractual arrangement.

Who can apply and what comes first

Most applications start before entry with the employer obtaining authorization through the immigration system, often under the annual quota rules (Decreto Flussi) or other applicable channels. Once the authorization is granted, the applicant applies for the appropriate work visa at the Italian consulate in their country of residence.

After arrival in Italy, the worker must complete the “contratto di soggiorno” steps at the Sportello Unico per l’Immigrazione, which formalizes the employment relationship and unlocks the residence permit filing.

How to apply in Italy, deadlines, and documents

The residence permit application is typically submitted within 8 days of entry using the postal kit (or the designated procedure for your category). Expect to provide passport, visa, entry stamp, tax code (codice fiscale), proof of accommodation, the signed contract documentation, and employer details. You will then receive an appointment at the Questura for fingerprints and original document checks.

Processing times vary by province, so keep copies of receipts and appointment confirmations, they are essential for demonstrating lawful stay while the permit is being issued.

Duration, renewals, and compliance tips for employers

Work permits are commonly issued for up to 1 to 2 years depending on contract length and category, and they can be renewed if employment continues and requirements are met. Changes of employer, role, or address may require prompt notifications or a permit update, so coordinate HR, payroll, and immigration compliance carefully.

For internationally operating companies, aligning hiring plans, contract terms, and documentation flows can reduce delays. A temporary residence permit italy is a practical tool for mobility, but it requires ongoing compliance from both the employer and the employee.

Have you ever dreamt of calling Italy your second home, immersing yourself in its captivating culture and embracing la dolce vita? For those aspiring to extend their stay beyond the typical tourist experience, Italy offers a world of opportunities through temporary and permanent residency permits. Whether you seek to study, work, invest, or reunite with loved ones, this article is your gateway to understanding the intricacies of becoming an Italian resident.

Foreigners planning to stay in Italy for more than 90 days must obtain a residence permit, known as «permesso di soggiorno.» There are two types of residency permits: temporary and permanent.

Temporary residency is issued for 1 or 2 years, depending on the purpose of the permit. For instance, students receive a 1-year residency card, while investors and foreign employees of Italian companies are granted a 2-year permit.

Non-EU citizens can apply for temporary residency in Italy for various reasons, including investment, work or pending employment, study, scientific research or internships, family reunification, medical treatment, and special cases like residency for international protection or pending recognition of stateless status.

On the other hand, the permanent residence permit is granted to foreigners who have legally and continuously lived in Italy for at least 5 years. These 5 years of residence in the country should not have been interrupted for longer than 6 consecutive months or 10 months in total.

To obtain permanent residency, foreigners must demonstrate sufficient knowledge of the Italian language and income higher than the social allowance, which was €503.27 in 2023.

How to Obtain an Italy Residency Permit through Investment

For non-EU citizens who wish to move to Italy but don’t have work or study agreements in the country, there’s an option to obtain temporary residence through investment. Introduced by the Italian government in 2017, this option is known as the «Golden Visa» or «Investor Visa.»

Foreigners can choose from various investment options:

In addition to having sufficient funds for the chosen investment, applicants must meet general requirements, including being over 18 years old, providing proof of legal income, having no criminal record or prosecutions, and holding valid health insurance for Italy.

Under the same investment, an investor can also request residency for their close family members, including a spouse, children under 18 (including those of the spouse), unmarried adult children who are fully dependent on the investor and have no children of their own, and parents who are financially dependent on the investor.

The initial residence permit obtained through investment is valid for 2 years, and it can be renewed for another 3 years. After that, the investor becomes eligible for a permanent residence permit. It’s important to note that if investors choose a returnable investment option, they can only reclaim their money after obtaining permanent residency, as returning the investment earlier will lead to the loss of their temporary residency status.

Obtaining a Residence Permit for Work in Italy

The Italian government allows a specific number of foreign workers to obtain residence permits for work each year. For example, in 2023, 82,705 spots are allocated for new residents, and 7,000 spots are reserved for those already residing in Italy for other purposes, such as students who find jobs at local companies.

Certain professions are recognized as «out-of-quotas,» meaning they are not counted in the general quota, and individuals in these occupations follow a different application procedure. These professions include translators, interpreters, sports professionals, artists, scientists, nurses, and trainees.

To employ a foreign professional, Italian companies need to obtain authorization from the Immigration Office. They must confirm with the Employment Centre that there are no suitable candidates among current residents and then apply to the Immigration Desk for foreign employee authorization.

Once the Immigration Desk approves a foreign employee, it requests the Italian embassy in the candidate’s home country to issue an entry visa. The candidate must present a valid passport, medical insurance, and proof of accommodation in Italy to the embassy. The Immigration Desk will not authorize a foreigner if the visa candidate is considered a threat to public order or the security of the state or if they have criminal records.

The entire process takes around 3 months, including confirmation from the Employment Centre and the Immigration Desk and the visa processing period.

The validity period of the residency permit depends on the foreign employee’s work contract. Permanent work contracts result in a 2-year residency permit, fixed-term contracts lead to a 1-year permit, and seasonal job holders receive 9-month permits.

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Greece is making changes to the migration code

The new Migration Code, which was introduced, makes changes to the rules for obtaining the European Blue Card. This card is a special type of residence and employment permit for highly qualified citizens of non-resident countries in the European Union.

The main changes that will come into effect include:

Digital Nomads

In addition, the new Migration Code also introduces a separate visa program for “Digital Nomads”. From January 1, 2024, citizens of non-resident countries will have to obtain a “Digital Nomad” visa from the Greek consulate in their country of citizenship or residence before applying for a residence permit directly in Greece.

Work visa of management staff

Also, the new code tightens the criteria for obtaining a work permit for managerial personnel. From now on, only persons who are members of boards of directors, legal representatives or administrators of foreign companies with a turnover of at least 4,000,000 euros will be able to apply for a work permit for the first time.

It is noted that persons who have valid management work permits and meet the new requirements will have the opportunity to renew their permit or apply for a European Blue Card. Those who have a valid management work permit but do not meet the new criteria will only be able to apply for a European Blue Card or a corporate intra-corporate transfer permit if they meet all the criteria.

Provision of technical support

Greek companies that have agreements with foreign companies to provide technical support (such as telecommunications companies) will no longer be able to use the special two-stage route to obtain residence permits for skilled workers. They are obliged to employ these workers according to three stages of dependent employment.

Dependent employment (work of unskilled workers).

The new Code provides for changes in the process of submitting applications for work permits for employers who hire citizens of non-resident countries as “dependent” workers (ie, unskilled workers). In particular, migration authorities issue prior approval based on the relevant quotas and send it electronically to the Greek consulate in the applicant’s country of citizenship or residence. The consulate issues a visa to the applicant. Currently, the authorities issue a preliminary approval and send it to the employer or the relevant consulate by courier. The other stages of the work permit application process for these workers will remain unchanged (ie they will still be subject to the quotas set by the Decree of the Council of Ministers and will have to apply for a residence permit as soon as they arrive in Greece).

Golden visas

As of January 1, 2024, all non-resident nationals planning to apply for Golden Visas based on the purchase of real estate in the following locations are required to invest at least €500,000 (compared to the current amount of €250,000): • Regional units of North, Central and South Athens • Regional units of Mykonos and Santorini (South Aegean region) • Municipalities of Vary-Voula-Vouliagmeni (Attica) and Thessaloniki (Central Macedonia region)

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