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if residency is denied ?

if residency is denied ?

Old Sep 26th 2021, 10:02 am
  #1  
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Default if residency is denied ?

We are in the process for a D7 visa, which we started before we left the UK, and to be honest its turning into a right palarver, we still need another document to get the 120 day visa and the appt with SEF, my concern is if SEF deny residency how long do we get 'grace wise' before we actually have to leave the country ? and is there an appeals process if we are denied residency ?

We have now spoken to 4 different notary/solicitor/lawyers here who dont seem to want to get involved as they are unsure of what is required of them, (we are in the algarve btw) so can anybody who is in this process themselves recommend a solicitor who has taken on their case and seems like they know what they are doing ? and that they understand what appears to be an 'evolving' process (to put it kindly).

our situation is this ;- we are not old enough to draw a pension yet, and we have not got enough money to apply for the 'golden visa' and tie up our money for 5 years at 3.5% (apparently) we have a fairly considerable lump sum though but apparently this might still not be enough grounds to grant residency. The plan was to start a business here having been self employed in the UK for the last 20 years it just seems the easiest thing to do for us, however we are reluctant to invest too much money here only to be told that we still cannot stay, so basically we do not have a steady income or a pension, or a property here yet due to not knowing where we are going to (hopefully) settle, all 3 of which apparently go against us.

Any thoughts / help / guidance / solicitors contact details etc etc greatly appreciated folks !
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Old Sep 26th 2021, 11:17 am
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Default Re: if residency is denied ?

I don't think you would need to worry that much.

And the best source of info regarding what happens if you would be denied residency would be the PT embassy in London.

I assume that most if not all of us here were granted residency before Brexit, so you are in a way in uncharted waters.

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Old Sep 26th 2021, 2:36 pm
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Default Re: if residency is denied ?

Originally Posted by andywally View Post
We are in the process for a D7 visa, which we started before we left the UK, and to be honest its turning into a right palarver, we still need another document to get the 120 day visa and the appt with SEF, my concern is if SEF deny residency how long do we get 'grace wise' before we actually have to leave the country ? and is there an appeals process if we are denied residency ?
From what you've written in the above paragraph I assume you entered Portugal as a tourist and don't actually have a D7. If that is the case there is no grace period, you are subject to the Schengen 90 day tourist limit until your D7 is issued.
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Old Sep 26th 2021, 2:55 pm
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Default Re: if residency is denied ?

Should you not have applied and got your visa before you left the UK?
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Old Sep 26th 2021, 3:33 pm
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Default Re: if residency is denied ?

Can you start a business on a D7 visa? I thought it was the Portuguese equivalent of a non lucrative visa but I would certainly check that. What type of business are you planning to set up?

If you are here as a tourist then you will not be asked to leave until your 90 days is up. If you are refused residency, the Spanish, for example, give third country nationals a couple of weeks to leave but you can appeal, I think - I would imagine the rules are very similar in Portugal.

I suppose lawyers are reluctant to get involved because it's relatively uncharted territory for them, particularly outside Lisbon.

Compared to the good old EU days of turning up in Portugal when you felt like it, trotting off to the town hall and getting instant residency, the process you are going through sounds like a nightmare and full of risks. It certainly makes me value my freedom of movement and I'm sorry others no longer benefit from it.

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Old Sep 26th 2021, 3:51 pm
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Default Re: if residency is denied ?

Originally Posted by andywally View Post
We are in the process for a D7 visa, ...
Originally Posted by Lou71 View Post
Can you start a business on a D7 visa? ....
There is nothing about the D7 visa that prevents employment or self-employment but there is a requirement to prove adequate passive income (ie not from work) to be granted the visa in the first place. It would appear that andywally should probably be seeking a different visa type, more suited to his/her situation.
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Old Sep 27th 2021, 7:54 am
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Default Re: if residency is denied ?

Sorry to go off on a tangent but I am seeing conflicting information about whether a D7 can be successfully obtained by using income from established employment / established self employment / remote working / contracting.

The above post suggests that you cannot use active income and only passive income can be considered for the purposes of providing evidence that you meet the income requirements for a D7.

Other sources have suggested that you can use income that you actively earn eg if you are a digital nomad and / or work as a contractor for single or multiple employers then as long as they see your bank statement that shows you have the money appearing in your account every week / month etc that will satisfy the income requirements for a D7. I have even seen it suggested that as long as you have the full amount in your bank account that would cover the minimum income requirements + x% then this would be adequate. I can find some more links and sources if anyone needs it.

The other thing I would say is that people from other third countries have been using the T7 to gain residency status for a while so there are precedents here, I am surprised to read comments that things are in uncharted territory (yes for the uk for whom this is a process change but not for other countries)...
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Old Sep 27th 2021, 8:51 am
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Default Re: if residency is denied ?

Hiya

We did apply for the visa before we left the country and supplied all of the information requested of us, all barring the NIF and the bank account which we did once we arrived in PT these where then sent to the consulate in the UK (all of this was verified as being ok to go ahead with by our case handler, who I am not suggesting is in the wrong here btw) we where told that once we had supplied the NIF and bank account we could send out passports back to the UK to be stamped with a further 120 days and a guaranteed appt with SEF..............all of which we have complied with and seems to be going to the plan as described by our case handler at the consulate in the UK...............my original post was regarding if there was a grace period if residency is denied and if there is an appeals process in the same circumstances ?
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Old Sep 27th 2021, 9:30 am
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Default Re: if residency is denied ?

thankyou nb888 I will look into what you have writen, much appreciated. cheers Andy.
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Old Sep 27th 2021, 10:03 am
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Default Re: if residency is denied ?

Originally Posted by andywally View Post
Hiya

We did apply for the visa before we left the country and supplied all of the information requested of us, all barring the NIF and the bank account which we did once we arrived in PT these where then sent to the consulate in the UK (all of this was verified as being ok to go ahead with by our case handler, who I am not suggesting is in the wrong here btw) we where told that once we had supplied the NIF and bank account we could send out passports back to the UK to be stamped with a further 120 days and a guaranteed appt with SEF..............all of which we have complied with and seems to be going to the plan as described by our case handler at the consulate in the UK...............my original post was regarding if there was a grace period if residency is denied and if there is an appeals process in the same circumstances ?
Grace period for what?
You're in PT under Schengen 90/180 waver. Unless you obtain another status you have to leave Schengen after 90 days. Clear as day.
If you want to appeal, that will be with consulate in UK. Your appeal would be waste of time, as you failed criteria. What appeal grounds do you think you have?

Last edited by EU.flag; Sep 27th 2021 at 10:05 am. Reason: typo
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Old Sep 27th 2021, 2:25 pm
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Default Re: if residency is denied ?

Quite a good explanation on D7 here: https://www.aplaceinthesun.com/artic...brexit-d7-visa
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Old Sep 30th 2021, 12:20 pm
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Default Re: if residency is denied ?

Originally Posted by SgtTroy View Post
I don't think you would need to worry that much.

And the best source of info regarding what happens if you would be denied residency would be the PT embassy in London.

I assume that most if not all of us here were granted residency before Brexit, so you are in a way in uncharted waters.
I have been trying to get info re visas (not residency) from the Portuguese Consulate in London for months without success, I wouldn't rely on them.
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Old Sep 30th 2021, 1:10 pm
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Default Re: if residency is denied ?

Originally Posted by SgtTroy View Post
I don't think you would need to worry that much.

And the best source of info regarding what happens if you would be denied residency would be the PT embassy in London.

I assume that most if not all of us here were granted residency before Brexit, so you are in a way in uncharted waters.
I started the process in late 2020 and have just got my residency, the whole process took 10 months.

Covid was obviously a major cause of delay and as I did not exactly start the process at he most ideal of times, Brexit caused me a few headaches as well but most of these were because I did not know for certain whether info I was reading was pre or post Brexit.

Biggest problem? Finding an apartment with a contract which you need from the point of applying for the visa back in the UK.

Last edited by PJC61; Sep 30th 2021 at 1:10 pm. Reason: Typo
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Old Sep 30th 2021, 1:15 pm
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Default Re: if residency is denied ?

Originally Posted by appman999 View Post
I have been trying to get info re visas (not residency) from the Portuguese Consulate in London for months without success, I wouldn't rely on them.
I should think it's a reasonable bet that if you do manage to get a visa out of one of the consulates, you're not going to encounter too much difficulty getting a residence permit here in Portugal on presenting the same grounds and documentation to SEF, which is the angle the OP is coming from. It appears to me that there's only a couple of reasons, relating to public health and national security, on which they'd be likely to decline a residence permit after the initial vetting and visa concession.

The usual caveats apply, though.
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Old Sep 30th 2021, 5:17 pm
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Default Re: if residency is denied ?

Again thanks for the info 'red eric' and 'PJC61' much appreciated........very constructive and very useful...as for 'EU Flag' I do not really understand what you have put, I did not make a statement that I thought I had 'grounds to appeal' i asked 'is there an appeals process if residency is denied' fairly simply put I thought, and the grace period question I think is fairly self explanatory, we have been granted a 120 extension day visa with a guaranteed appt with SEF........now lets assume for the sake of argument that the appt is on day 120 of the extension...............if residency is denied how long a 'grace period' are you allowed in order to pack your bags ? ......straight forward questions I assumed !

Both fairly simple questions...............not statements...............questions !

It does make we wonder sometimes..............there are some marvelous snippets of very useful information on here ( I would go as far as to say a 'mine of useful information' at times) and most ppl do seem to be of the opinion that 'if I can help then I will'...............however it does occasionally make me wonder why some of us pay so much for 'professional' advice when there are a few 'unqualified experts' on here, who cannot even interpret a question correctly................passive agressive call it how you see it I really do not mind (or care)
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