Portugal has become an increasingly attractive destination for foreign investors, retirees, and digital nomads. One of the most popular residency pathways is the ARI (Autorização de Residência para atividade de Investimento), commonly referred to as the Golden Visa. This program offers residency to non-EU nationals in exchange for qualified investments in Portugal. 

However, a common question among applicants is: Can you move to Portugal while waiting for ARI approval? This article explores the legal and practical considerations of relocating to Portugal during the application process.

ARI (Golden Visa) Process

The ARI application involves several stages, including documentation, investment verification, and biometric data collection. After submitting the complete application through AIMA (Immigration Services) online platform, applicants must wait for the scheduling of their biometric appointment. Following this, the application undergoes further review before final approval is granted and the residence card is issued.

Living in Portugal Before ARI Approval

Although ARI approval is required for formal residence, many applicants do spend extended periods in Portugal while waiting for their process to conclude.

Portuguese authorities have shown tolerance toward this practice, especially given the significant processing delays at AIMA. In many cases, the proof of submission of the application—along with pre-approval or scheduling notices—has been accepted by public and private entities (such as banks, schools, or healthcare providers) as sufficient proof of status.

While this approach is increasingly common, it does not legally replace a residence permit. You are still considered a third-country national under Schengen rules.

Note that for the ones that have applied for a Golden Visa, with pending processes with AIMA as of December 31, 2021, their stay in national territory shall be considered regular according to Despacho n.º 12870-C/2021, since the rights granted under this order remains in effect throughout the entire period of review and processing of these applications.

So, for the cases submitted after December 2021 if you are in Portugal waiting for the residence card and without a valid visa, you are irregular from a strictly legal perspective although the Portuguese authorities are being quite flexible.

So, from a practical standpoint, Portugal is allowing individuals who are awaiting the issuance of their residence card to reside in the country, even though they may be considered to be in an irregular situation from a strictly legal perspective. 

Remaining in Portugal is significantly easier if you have already obtained pre-approval for your residence application.

Nevertheless, complications may arise when applicants need to travel, particularly if their travel plans involve transiting through other countries. While direct travel between Portugal and the applicant’s country of origin—both for departure and return—usually does not present major difficulties, challenges are more likely to occur when the journey involves stopovers or entry into third countries, where the lack of a valid residence permit may lead to problems with border control or airline boarding policies.

It should be emphasized that layovers in other Schengen Area countries should be avoided whenever possible, as they may lead to complications at border control. It is strongly recommended to clarify your travel status with the airline in advance of your departure. This will allow the airline to annotate your booking with an ‘OK to board’ remark, thereby reducing the risk of denial at check-in.

To facilitate this process, you should provide the airline with all relevant documentation, such as proof of a scheduled appointment with the Portuguese immigration authorities (AIMA), an expired residence permit, any official confirmation of the appointment for renewal, pre-approval notification and appointment for collection of biometric data and other relevant documents according to the concrete situation.

While the ARI is a residence permit, it does not grant the right to live in Portugal before approval and issuance of the residence card. Until the permit is issued, applicants are considered third-country nationals and must adhere to Schengen visa rules or visa-free travel restrictions, which typically limit stays in the Schengen Area to 90 days within a 180-day period.

If an applicant wants to reside in Portugal and hold a residence card, it’s possible to first obtain a national visa— such as the Digital Nomad, D7 (for passive income) or D2 (for entrepreneurs) — in order to establish a temporary residence. This residence allows the person to legally stay in Portugal while preparing to apply for the ARI (Autorização de Residência para Investimento), commonly known as the Golden Visa.

Although technically it is possible to hold both a national visa-based residence permit and submit a Golden Visa application at the same time, you cannot maintain two active residence permits simultaneously. Portuguese immigration authorities typically require you to choose one legal pathway to residency and usually the last one. So, when you file the golden visa application in the future you will have the residence based on the golden visa.

Therefore, to avoid potential conflicts or complications regarding overlapping residence statuses, it is recommended that you first obtain legal residence through a national visa (such as Digital Nomad D7 or D2), receive your residence card. Once your legal status is secure, you can then proceed to apply for the Golden Visa, if desired. This approach provides a smoother transition and avoids the risk of having conflicting or overlapping residency processes.

It is important to note that if an applicant submits a Golden Visa application first, and later applies for and receives an appointment to request a residence card under a national visa (e.g., D7), AIMA (the Portuguese immigration authority) will automatically cancel the pending Golden Visa application. This is because the system will assume that the applicant has chosen the most recent application as their preferred path to residency. The authorities will interpret the new residence process (e.g., the D7) as replacing the previous one.

To avoid conflicts or unintentional cancellations, it is highly recommended to follow one path at a time. If the goal is to reside in Portugal as soon as possible, the applicant may first enter with a national visa and obtain a residence card. If the Golden Visa is still of interest, they can then apply for it later — once their situation is stable and compliant with the rules.

It is important to note that the documents and visas expired after June 2024 related to staying in national territory, will be automatically valid until June 30, 2025.

The documents referred to in the previous paragraph shall continue to be accepted, under the same terms, after June 30, 2025, provided that the holder can prove that they have already scheduled the respective renewal.

It is likely that this extension will be renewed for an additional period.

Practical Considerations

Those considering an early move to Portugal should weigh the following:

  • Visa Compliance: Ensure you remain within legal boundaries. Overstaying a Schengen visa can lead to fines, deportation, or future entry bans.
  • Tax Residency: Spending more than 183 days in Portugal may trigger tax residency status, which has implications for global income.
  • Healthcare and Education: Access to public services like healthcare or enrolling children in school may require a valid residence permit or visa, although the entities are being quite flexible with this.

In summary and according to the law, while it is possible to spend time in Portugal during the ARI application process, doing so does not equate to legal residence unless another visa or permit is obtained. Applicants must plan carefully to ensure compliance with immigration laws and to avoid jeopardizing their application.

It is essential to remain compliant, communicate proactively with airlines and institutions, and consider temporary visa alternatives if your stay exceeds Schengen limits.

With thoughtful preparation, you can enjoy the Portuguese lifestyle even before your official residency card is in hand.