Legal Reference Library

How to use this library

A legal reference is most useful when its scope is clear. Begin with the issue you need to resolve, then identify the relevant article, the version in force on the relevant date and any transitional rule. An original Act records what was published at the time; a consolidated text brings later amendments together.

The Diário da República provides links to amendments and earlier versions. Where a consolidation is marked as being updated, read the recent amending instruments as well. Publication, entry into force and application to a particular pending case can occur on different dates. Keep a dated copy of the provisions used for a significant decision.

Investment residence and family rights

Law No. 23/2007 is the principal residence statute. Article 3(1)(d) defines qualifying investment activities, and Article 90.º-A establishes the investment residence route. These provisions should be read with the general conditions in Article 77 and the provisions applicable to the applicant’s circumstances.

Other useful starting points include Article 78 on renewals, Article 80 on permanent residence, Article 83 on residents’ rights and Articles 98 onwards on family reunification. A reference to one article does not remove the need to examine exceptions, cross-references and amendments.

For the current general procedure provisions, read the changes to Articles 78 and 82 made by Law No. 62/2026 alongside any consolidated text still being updated.

Investment evidence and continuing obligations

Regulatory Decree No. 84/2007 supplies procedural detail. Its investment residence section includes Article 65.º-A on investment requirements, Article 65.º-B on the investment maintenance period, Article 65.º-C on minimum presence, Article 65.º-D on evidence and Article 65.º-E on renewal evidence. Article 65.º-K addresses permanent residence for investment residence holders.

Read the regulation alongside the current statute and the relevant AIMA guidance. A document list can help organise an application, but it cannot expand eligibility beyond the law.

Changes affecting existing and pending cases

Law No. 56/2023 changed the investment residence framework. Articles 42 and 43 address discontinued routes, existing permissions and pending applications. Their application depends on the route, procedural history and dates of the individual case.

Use the dedicated transitional provisions page to distinguish a new application from a renewal or a protected pending procedure. A historic investment threshold is not evidence that the same route remains open to new applicants.

Nationality and tax residence

Nationality is governed by Law No. 37/81, rather than by the investment residence provisions. Articles 6 and 15 are relevant to naturalisation and residence. The 2026 amendment must be read together with its rectification and transitional provisions; older descriptions can no longer be assumed to state the current general rule.

For taxation, Article 16 of the Personal Income Tax Code is the starting point for Portuguese tax residence. Immigration permission, the investment itself and tax residence answer different questions. Cross-border cases also require the relevant treaty and the other country’s law.

Fund regulation and official guidance

Decree-Law No. 27/2023 approved the Asset Management Regime. The original publication is a starting point for the structure of regulated funds, and later amendments must also be checked. CMVM information can help identify managers, funds and regulatory disclosures. A registration or authorisation is not a guarantee of investment performance or residence eligibility.

AIMA guidance explains administrative requirements. Justiça guidance helps identify nationality procedures, while the European Union’s Your Europe service explains travel requirements. These materials complement the legislation and should be checked again before an application, payment or journey.