Is residence before 31st December 2023 sufficient for NHR?

There are more details today about the end of the NHR regime

https://www.lexology.com/library/detail … 0454bf011d

They seem to be saying that a person who is resident or tax resident in Portugal at 31st December 2023 will be eligible to claim NHR before it ends

Can anyone confirm this?

I can arrive in Portugal in early December but I do not know if I will have much time before the end of the year to do anything else that may be required

Is there anything else that is required to claim NHR?

For example :

Is it mandatory to have a Portuguese Residence Permit or a Portuguese residence number to claim NHR? Or is it not necessary?

Is it mandatory to have a meeting or interview with SEF before you can claim NHR? Or is it not necessary?

Is it mandatory to have a signed rental agreement for a Portuguese address to claim NHR? Or is it not necessary? Would an Airbnb address in Lisbon be acceptable for example?

If I visit a lawyer in Lisbon when I arrive in December will they be able to do everything that is necessary for me to claim NHR? Or will they not have time to do everything?

Is there anything else that is required for NHR apart from a lawyer in Lisbon getting a NIF for me and then registering me on the tax website before 31st December with an address in Portugal?

I am allowed to live in any EU country as the parent of a young child who is a EU citizen

I just became aware Portugal plans to take more of my retirement through abolishment of the NHR.


I have a NIF and a bank account.

I have a lease as of August 1st but I do not have a D-7

I do not have an SEF appointment.


So will I be able to get in the NHR

@elaranar,


Hi.

Sorry to say this, but your post reveals some ignorance... How is it possible to think that you can enjoy Portuguese NHR status, thus benefiting from reduced taxes on your income, without first:


- have a Portuguese tax identification number


- get a residence permit in Portugal. You will get this through a visa. In your case,  your visa must be applied through VFS Global website


- become a tax resident in Portugal in 2023, so that you can have your NHR status before April 2024.


I would remind you that this NHR status should only end for those who live exclusively on pensions. But nothing is 100% certain yet because the government's proposal hasn't even started to be debated in parliament & approved...


I don't understand so many certainties in an article from somewhere else about something that we're still not sure about it in Portugal.... anyway.... These are the new times....


Regards

@Ricktark1 unfortunately as i read the proposal, your only chance of still getting the NHR would be if you had your in-country SEF appointment and received your Título de Residência card before Dec 31st, 2023. That would allow you to go to a Finanças office and make the election for NHR in time.

Maybe so.


I'm stuck halfway through. It depends how fast the legislature acts, I guess.

@JohnnyPT

Hi

It would have been more polite and also more helpful if you had simply answered my questions instead of making personal insults

I have never lived in Portugal and so how could I possibly know all about the details of getting a residence permit or getting NHR?

I am simply asking is it possible for a person to arrive in Portugal in December and successfully claim NHR before it ends? Yes or no?

And if the answer is yes, then what exactly does the person have to do to claim NHR?

Do they need to get a Portugal residence permit before they can get the NHR? Yes or no? And what is the residence permit called in Portuguese? And how long will it normally take for a newly arrived person to get this residence permit?

And do they need to have a meeting with SEF before they can get the NHR? Yes or no? And how long will it normally take to arrange this meeting?

And do they need to have a house rental agreement before they can get the NHR? Yes or no? Would an Airbnb address be acceptable?

Or is it not possible for a person arriving in December to successfully do all of the necessary things to claim NHR?

As far as I am aware, I do not need any visa to live in Portugal. Our young child is a EU citizen and so they and their parents have freedom of movement

If you or anyone else can politely answer these questions without making any personal insults, I would be interested to know the answers

@elaranar,


I replied to you politely and honestly. You may not have liked the word, but that's not my problem.


However, your reply was ungrateful. I don't know if you've noticed, but all the answers were there, or they're too easy to deduct.


Nevertheless, here are a few more answers.... if they've been useful to thousands of members here, I assume they'll be useful to you too:


The Portuguese Non-Habitual Residents Tax Regime

https://www.expat.com/forum/viewtopic.php?id=911492


Residence Rights in Portugal for UK citizens after BREXIT

https://www.expat.com/forum/viewtopic.php?id=908742

Hello everyone,


There must be some misunderstanding on this thread. I have read it through and I think Johhny has provided enough facts, in a honest tone.


Should members have further information in regards to the 1st post, please feel free to post.


I am not sure about the link posted in the first post. Is it an official source ?


Regards

Bhavna

Thank you Bhavna,


When someone is unaware of a reality that one is part of it, like Brexit, combined with an inquisitive questionnaire like this one, it leads to a path that I am not interested in following in. Just to be respectful with all  members of the forum, or at least the vast majority of them.


@elaranar, you should look for an immigration lawyer who will certainly help you with your questions, and where it won't cost the same as here... the answers you'll be given won't differ from mine.


So, my overall answer to your main question is no, you can no longer be NHR in Portugal, at least in the next few years, because, - fortunately - ,  the law will change for those who live exclusively on pensions.


There's nothing more to add. Two months is not enough for a process like this.



Regards

@JohnnyPT

Yes I think the time looks very limited now for new arrivals to do everything in time

It is the timeline of everything for claiming NHR that is not clear

There is no explanation anywhere of how long each of these NHR steps is expected to take

These links also do not mention the need for any appointment with SEF, and yet many other people are saying that they need to have an appointment with SEF to get their residence permit, and they are having to wait for many weeks or months for a SEF appointment

So is a SEF meeting essential before a person can get NHR? Or is it not essential?

Is a SEF meeting essential before a person can get a residence permit? Or is it not essential?

And is a residence permit essential before a person can get NHR? Or is it not essential?

These three questions are not clearly answered anywhere

So if it may take many weeks or months before a person can get a SEF meeting and residence permit, it would seem very unlikely that a person who arrives in Portugal in December 2023 is going to have enough time to get everything that is required for NHR

The various website links are fine for people who arrived in Portugal in December 2022 and wanted to claim NHR

But people who may be arriving in December 2023 will have very little time before the end of NHR

Will it be possible for a person arriving in December 2023 to do everything in time before the end of the year?

Is a SEF meeting mandatory for NHR? Or is it not mandatory?

If a person arrives in Portugal in December 2023, and if they are not given a SEF appointment until April 2024, and if they do not get a residence card until April 2024, then how can they possibly claim NHR before 31st December 2023, or before 31st March 2024 ?

I hope I can help here and give Johnny PT a small break. The issue with NHR is tax residency. You can only get this benefit if you are a tax resident but havent been a tax resident in the previous 5  years. To get tax residency you need to have residency which is recognised by the Finance Authority. This means you are either an EU citizen and have   your CRUE obtained through your Town Hall and registered your Portugeuse address with Financas. OR you are not an EU citizen but have an appointment with SEF to regularise your stay in Portugal, I dont know if the appointment in itself is enough for the Financas or whether you actually need to have your residency card but you must also be able to register your Pirtugeuse address with the Financas. So it is a matter of residency and the route to that depends on your circumstances, if with SEF it can take a long time and unlikely to be before 31/12/2023


hope this helps


Roz

Remember that, as a Scot, you are a NON-EU citizen. You need to have a residence permit granted by the SEF, then become a tax resident and after all that, apply for the NHR status. It's easier for @Roz66 as she's Irish, EU citizen.



Answering to your questions:


_________


Yes I think the time looks very limited now for new arrivals to do everything in time


It is the timeline of everything for claiming NHR that is not clear

There is no explanation anywhere of how long each of these NHR steps is expected to take


____

A:

The issue here is visa timeline not NHR timeline...


D7 Visa applying process - eg. timeline

https://youtu.be/EQ6sLYQrhb4

Minute 4:40

____



These links also do not mention the need for any appointment with SEF, and yet many other people are saying that they need to have an appointment with SEF to get their residence permit, and they are having to wait for many weeks or months for a SEF appointment


So is a SEF meeting essential before a person can get NHR? Or is it not essential?

Is a SEF meeting essential before a person can get a residence permit? Or is it not essential?


____

A:

SEF meeting is mandatory in a visa application...

____


And is a residence permit essential before a person can get NHR? Or is it not essential?


____

A:

As I've said in all my posts, you must apply for a visa first, Brexit remember ?...

____


These three questions are not clearly answered anywhere


So if it may take many weeks or months before a person can get a SEF meeting and residence permit, it would seem very unlikely that a person who arrives in Portugal in December 2023 is going to have enough time to get everything that is required for NHR


____

A:

Not unlikely, but impossible. The whole visa process takes at least 4 to 6 months to be completed...

____



The various website links are fine for people who arrived in Portugal in December 2022 and wanted to claim NHR


But people who may be arriving in December 2023 will have very little time before the end of NHR


Will it be possible for a person arriving in December 2023 to do everything in time before the end of the year?


____

A:

Of course not.

____



Is a SEF meeting mandatory for NHR? Or is it not mandatory?

____

A:

It's mandatory...

____



If a person arrives in Portugal in December 2023, and if they are not given a SEF appointment until April 2024, and if they do not get a residence card until April 2024, then how can they possibly claim NHR before 31st December 2023, or before 31st March 2024 ?


____

A:

They can't...

____

@elaranar no. If you a non EU citizen , even if your started the process today, you wouldn't be able to apply for NHR.

@roz66

an appointment is not enough. You need your residence permit as only with that you will be able to change your Finanças address and become a resident.

We are EU citizens and we have our NIF.  We just go to the finance office for our CRUE? And do we need to show a portugal address or not (I've read that as an EU citizen you don't need to because we can live anywhere in Europe). I just need clarification because I am confused ! Thanks


    We are EU citizens and we have our NIF.  We just go to the finance office for our CRUE? And do we need to show a portugal address or not (I've read that as an EU citizen you don't need to because we can live anywhere in Europe). I just need clarification because I am confused ! Thanks        -@tchambers100


You'll get the CRUE at the local Council of your place of residence. Yes, you need to show where you live.

CRUE

https://www.expat.com/forum/viewtopic.p … 33#5088039

(Post #7)

Hi! I have German permanent residency, but I am not an EU citizen. Do I still need to get a D7 visa or can I simply go for the CRUE?

Best wishes


    Hi! I have German permanent residency, but I am not an EU citizen. Do I still need to get a D7 visa or can I simply go for the CRUE?
Best wishes
   
    -@petaj2521


The Schengen 90/180-day rule

You can visit, leave, and re-enter the Schengen territory as long as you don't exceed 90 days within a rolling 180-day window. However, if you stay for a continuous 90-day period, you must wait 90 days before entering the Schengen zones again.


If you're a non EU citizen and want to stay in Portugal for more than 90 days, you must apply for the correct visa (D7 or other type of visa).


https://www.eeas.europa.eu/sites/defaul … aqs_en.pdf