The Residence Permit for Investment Activity (ARI) regime is provided for in Law No. 23/2007, of 04/07 (Approves the legal regime for entry, stay, exit and removal of foreigners from the national territory), a diploma that is regulated by Regulatory Decree No. 84/2007, of 05/11. Nationals of third countries can, provided that the legal requirements are observed, obtain a temporary residence permit for investment activity with the exemption from a residence visa to enter Portugal. The person benefiting from ARI thus has the possibility to:

1. Enter Portugal with an exemption from a residence visa;
2. Reside and work in Portugal, must, at a minimum, stay in Portugal for a period not less than 7 days in the first year and not less than 14 days in subsequent years;
3. Travel within the Schengen Area, without the need for a visa [The Schengen Area is composed of the following countries: Austria, Germany, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, Sweden and Switzerland];
4. Benefit from family reunification;
5. Apply for the grant of Permanent Residence Authorization under the terms of the aforementioned Law.
6. Apply for the acquisition of Portuguese nationality, by naturalization, fulfilling the other requirements required in the Nationality Law (Law No. 37/81, of October 3, in its current wording).

Under the terms of the provision in paragraph d) of No. 1 of Article 90-A of Law No. 23/2007, of 04/07, in the current wording, which refers to paragraph d) of No. 1 of Article 3 of the aforementioned legal diploma, nationals of third countries who carry out an investment activity [any activity carried out personally or through a company that leads, as a rule, to the realization of at least one of the following situations in national territory and for a minimum period of five years, excluding activities that are intended directly or indirectly, for real estate investment], personally or through a company established in Portugal or another EU State and with a stable establishment in Portugal, who meet one of the quantitative requirements and the time requirement provided for in the applicable legislation, can apply for a Residence Permit for Investment (ARI) in one of the following possibilities in Portugal:

• Creation of, at least, 10 jobs [requires evaluation every two years regarding its impacts on scientific, cultural activity and the promotion of foreign direct investment and job creation].
  The applicant must demonstrate that they have made the investment in the minimum required amount, and can do so individually through a single-member limited company of which they are a partner. They must present the following documents: a) Declaration from the credit institution authorized or registered in the national territory with the Bank of Portugal, attesting the effective transfer of an amount equal to or greater than what is legally required; b) Individual employment contracts concluded with the workers; c) Certificate of commercial registration, if the investment is made through a single-member limited company, which demonstrates that the applicant is the partner; d) Regarding the 10 jobs, this requirement can be reduced by 20% (8 jobs) when it is carried out in low-density territory. Territories with less than 100 inhabitants per km2 or a gross domestic product (GDP) per capita less than 75% of the national average are considered low-density territories, as defined in Ordinance No. 208/2017, of July 13.

• Transfer of capital in the amount equal to or greater than € 500,000, to be applied in research activities developed by public or private scientific research institutions, integrated into the national scientific and technological system [requires evaluation every two years regarding its impacts on scientific, cultural activity and the promotion of foreign direct investment and job creation].

• Transfer of capital in the amount equal to or greater than € 250,000, to be applied in investment or support for artistic production, recovery or maintenance of the national cultural heritage, through services of the central and peripheral direct administration, public institutes, entities that integrate the public business sector, public foundations, private foundations with public utility status, intermunicipal entities, entities that integrate the local business sector, municipal associative entities and public cultural associations, which pursue attributions in the area of artistic production, recovery or maintenance of the national cultural heritage;

• Transfer of capital in the amount equal to or greater than € 500,000, intended for the acquisition of parts of non-real estate collective investment bodies, which are constituted under Portuguese legislation, whose maturity, at the time of investment, is at least five years and at least 60% of the value of investments is realized in commercial companies based in national territory;

• Transfer of capital in the amount equal to or greater than €500,000, intended for the constitution of a commercial company with headquarters in national territory, combined with the creation of five permanent jobs, or for reinforcement of share capital of a commercial company with headquarters in national territory, already constituted, with the creation of at least five permanent jobs or maintenance of at least ten jobs, with a minimum of five permanent, and for a minimum period of three years [requires evaluation every two years regarding its impacts on scientific, cultural activity and the promotion of foreign direct investment and job creation].

If you wish to obtain more information on the subject, namely about the documents and legal requirements for obtaining the Residence Authorization for Investment (ARI), you can get in touch through our form.