The inclusion of minor children in the initial application for the Residence Permit for Investment Activity (ARI), commonly known as the Golden Visa, may present both advantages and disadvantages, depending on the family’s strategy and the specific needs of each applicant.

Advantages

One of the main advantages of including children from the outset is the simplification of the process. Including minors at the same time as the investor’s application avoids the need for a subsequent family reunification request, which could extend the period during which the investor is required to maintain the investment. Indeed, family reunification depends on the maintenance of the investor’s residence permit, which can be a limiting factor.

Additionally, obtaining a residence permit from the start ensures the regularization of the children’s legal status in Portugal, allowing them to benefit from fundamental rights such as access to healthcare and education.

Another important point is the predictability of the legal framework. If the legislation regulating Golden Visas changes in the future, minors already included in the application will be protected by the legal framework in place at the time of their inclusion, which can mitigate the risk of potential restrictions or changes to the requirements that may be implemented in the future.  

Disadvantages

There are several factors that may lead some families to postpone the inclusion of minors or choose not to reunite their children immediately.

First, the additional cost associated with each family reunification request can be a significant consideration, as application fees apply to each residence permit holder, substantially increasing the overall expenses.

Additionally, meeting the minimum stay requirement in Portugal—an average of seven days per year—can pose logistical challenges. This is particularly difficult for families with school-aged children who may struggle to comply with this requirement consistently.

Finally, attending biometric appointments can also be challenging, as families may not always be scheduled at the same time, leading to further complications.  

Portuguese Nationality

It is important to clarify that holding a residence permit for a period exceeding 5 years, whether it is a Golden Visa or another type of residence permit, does not automatically grant the right to Portuguese nationality. Indeed, only foreign nationals over the age of 18 who have held a valid residence permit for at least five years are eligible to apply for Portuguese nationality. For minors under 18, it is always necessary to wait until one of the parents acquires Portuguese nationality before the children can become eligible for nationality based on Article 2 of the Portuguese Nationality Law.

Article 2 of the Nationality Law requires the demonstration of effective ties to the Portuguese community. While Article 56, No. 4 of the Regulation of the Nationality Law presumes the existence of such ties for minors who have held a residence permit for the five years prior to the application, this presumption is conditional to attendance an educational institution in Portugal.

If minors don’t study in Portugal, they need to combine the residency card with another connection to Portugal or Portuguese community. The type of proof required is at the discretion of the registrar, so as much the better.

Considering that the primary advantage of the Golden Visa regime is the minimal stay requirement in Portugal, this condition may be particularly difficult for families who do not reside permanently in Portugal.

However, if the minor is at risk of turning 18 during the parent’s naturalization process (which currently can take up to 24 months), it becomes imperative for the child to be reunited with the investor. This is because the right to acquire nationality under Article 2 expires at the age of 18. Therefore, it is advisable for the minor to hold a residence permit, which will allow them to apply for nationality by their own right through naturalization after five years of legal residence.

Conclusion

The decision to include minors in the Golden Visa application should be carefully considered, taking into account factors such as costs, time requirements, the age of the children, and the family’s long-term objectives in Portugal.

The older the age of the children the more likely they are to be included in the Golven Visa from the beginning.