European Union Investor Visa

Three countries, three alternatives, three ways of adapting to the European Community “modus vivendi”.

SPAIN

Golden Visa is the common name for a specific type of residence in Spain. As a rule, it is obtained by a foreign citizen (investor, entrepreneur or investor) who complies with the provisions of the regulatory law.

For several years now, the Spanish government has introduced the “flexibidad” factor with regard to residence visas for investors and rentiers. This option is available to any middle or upper-middle class Latin American citizen.

For information purposes, we can indicate the following types of visas:

a) Investor’s visa: This residence permit may be requested by foreigners who intend to enter Spanish territory in order to make a significant capital investment, understood as follows:

-) An initial investment of EUR 2 million or more in Spanish public debt securities, EUR 1 million in shares or equity investments in Spanish capital companies with a real business activity, EUR 1 million in investment funds, closed-end investment funds or venture capital funds incorporated in Spain or EUR 1 million in bank deposits in Spanish financial institutions.
-) The acquisition of real estate in Spain with an investment value equal to or greater than 500,000 euros per applicant.
-) A business project to be developed in Spain and which is considered and accredited as being of general interest due to job creation, investment with a significant socio-economic impact or scientific/technological innovation.
A representative, designated by the investor and duly accredited, may obtain the residence permit for investors.

b) Entrepreneur visa: For the assessment, the creation of jobs in Spain will be taken into account as a priority. The following will also be taken into account:

-) The professional profile of the applicant, their training and professional experience as well as their involvement in the project. In the event that there are several partners, the participation of each of them will be assessed, both those applying for a visa or authorisation and those who do not require it.
-) The business plan, including a description of the project, the analysis of the market, service or product, and the financing.
-) The added value for the Spanish economy, innovation or investment opportunities.

c) Non-profit residence visa: This is a way of residing in Spanish territory, without work authorisation. It is necessary to demonstrate saved and sustainable capital for the period of residence, or to demonstrate periodic income of not less than 2.151,36 euros per month. If there is a family aggregate, it is necessary to apply for an amount not less than 537.84 euros for each member of the applicant family.

PORTUGAL

PORTUGUESE GOLDEN VISA

Law nr. 29/2012 of August 9th and Ordinance nr. 11820-A/2012 (Establishes the legal framework for the Portuguese Golden Visa).

ADVANTAGES

– Portuguese permanent residence (5 years of temporary residence);

– Portuguese nationality (6 years of temporary residence permit)

– Visa exemption (Schengen area: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland).

– Residence permits for family reunification;

– Other

Easy and transparent.
Management options for the Schengen area.
European citizenship as a north and target.
Economic accessibility.
The whole family is included.
Competitive and effective tax management granted over the long term.
Portugal is a safe and stable country (3rd in the world).

TYPES OF INVESTMENT

Type of investor: Foreign non-EU citizens.

1. Capital transfer of EUR 1,000,000 (one million euros) or more. How can this investment be proved? Declaration of a financial institution operating in Portugal;

2. It has created at least 10 jobs;

3. Acquisition of property for an amount of 500,000 euros (five hundred thousand euros) or more.

GENERAL REQUIREMENTS

1. Presence in Portugal

2. There is no fact that could constitute an obstacle to the granting of a visa.

3. Valid passport

4. Valid Schengen visa

5. Legalization of a stay in Portugal within ninety (90) days after the first entry into national territory.

6. Proof of means of subsistence and accommodation

7. Proof of health insurance

8. Request for consultation of the criminal record in the “SEF”.

9. Sworn statement signed by the applicant, as he will meet all the investment requirements.

10. No debt certificate issued by the Portuguese Social Security and Tax Authorities

11. Certificate of criminal record from the country of origin and the country where the applicant has resided for more than one year.

12. Evidence of one of the three types of investment.

13. All foreign documents must be officially translated into Portuguese at a Portuguese consulate in the country of origin.

14. The initial residence permit is valid for one year, renewable for two periods of two years each.

15. The minimum duration of stay in Portugal is 7 days in the first year and 14 days in the following two-year period, consecutive or otherwise.

IMPORTANT REMINDER

With regard to the framework described in preceding paragraphs, there have essentially been two modifications (Decree-Law No. 14/2021 of 12 February, effective from 1 January 2022).

Increase in the minimum amounts in respect of certain classes of investment;
Regarding the acquisition of real estate, introduced restrictions related to the areas of location of the real estate in question.

Specifically:

Capital transfers: Increases from €1,000,000 to €1,500,000 for the following frameworks: i) For a credit institution authorised or registered in national territory with the Bank of Portugal; ii) For investment in securities; iii) Investment in public debt instruments;
From 350,000 euros it increases to 500,000 euros in the following areas: i. Research activities developed by public or private scientific research institutions, integrated in the national scientific and technological system; ii. Acquisition of participation units in investment funds or venture capital funds focused on the capitalization of companies (constituted under the Portuguese legislation, with a maturity, at the time of the investment, of at least five years and, at least 60% of the investment value is made in commercial companies based in national territory); iii. Incorporation of a commercial company with registered office in national territory, combined with the creation of five permanent jobs, or to increase the share capital of a commercial company with registered office in national territory, already incorporated, with the creation or maintenance of five jobs, for a minimum period of 3 years.
Acquisition of real estate: In this area it is convenient to indicate the following: i) The minimum investment amount was not modified; ii) Its admissibility became circumscribed in certain geographical areas (Portaria 208/2017) and to the extent that it is linked to the housing factor. However, eligibility in other forms of use or utilisation of the property, applies in any geographical location of the Portuguese territory (services, commerce, industry). The real estate investment fund mechanism meets the needs of foreign investors who wish to enjoy the benefits of the Golden Visa and still be located in the coastal strip and metropolitan areas of Portugal.

LUXEMBOURG

This method of access to residence on Luxembourg territory is provided that the applicant, who is a citizen of a non-EU Member State, meets the conditions laid down in the law governing the matter.

The applicant who wishes to reside in Luxembourg for a period of more than 3 months, as an investor, on the basis of an existing structure or a structure to be created, must develop the request in cause through 2 consecutive stages:

A – First Stage

Apply for the respective authorisation with the competent Luxembourg body;
Possess a valid passport;
If the applicant is a national of one of the countries requiring a visa to enter Luxembourg, he/she must apply for the visa in cause after having obtained the temporary stay;
Obtain the favourable opinion of the Minister of Economy or Finance, as the case may be, regarding his investment project.

B – Second Stage: On Luxembourg territory

Declare your arrival in Luxembourg to the respective public body in the area of your residence;
Undergo a medical check-up;
You may then apply for residence as an investor.