Title: Portugal Golden Visa Program Quietly Reopens to Russians Following Lawsuits
Introduction:
The Portuguese Golden Visa program has recently reopened its doors to Russian and Belarusian applicants, quietly reversing a ban that was implemented after Russia's invasion of Ukraine in 2022. The readmission process has taken place without any public announcements, catching many by surprise.
Background:
Contrary to popular belief, Russians and Belarusians were never officially banned from the program. The ban originated from an announcement made by Internal Affairs Minister Augusto Santos Silva during an interview, stating that golden visas were suspended for these nationalities. However, Portuguese lawmakers never passed any legislation to formally suspend them. Instead, they simply set aside and left unprocessed the applications from Russians and Belarusians, leading to a backlogged queue.
Legal Actions:
Madalena Monteiro, a lawyer at Liberty Legal in Lisbon, took action on behalf of Russian and Belarusian clients by filing over 170 lawsuits against Portuguese immigration authorities. She argued that the unofficial ban violated fundamental rights enshrined in the constitution, such as the right to human dignity, the right to legal safety, and the right to non-discrimination based on nationality. The court consistently ruled in favor of the applicants.
European Commission Recommendation:
In response to the court proceedings, the Portuguese immigration authority (SEF) and later AIMA, referred to a recommendation from the European Commission that advised suspending Russian and Belarusian nationals named on sanctions lists. However, Monteiro pointed out that the commission's recommendation is not legally binding and member states have the freedom to adopt or disregard it. Moreover, even if the recommendation were adopted, there was no legal basis to suspend Russians and Belarusians without sanctions.
Lifting of the Suspension:
Although there has been no official announcement from AIMA, the suspension has been quietly lifted. Clients have started to witness progress in their applications, with some receiving biometric appointments and others having their residency cards issued. This change has occurred without the need for further legal intervention or court procedures.
Illegal Suspension and Government Response:
The actions taken by SEF and AIMA against Russian and Belarusian applicants were deemed illegal based on the numerous court cases. It is evident that the government ministers responsible for the suspension were attempting to avoid any negative repercussions from the EU. Thus, practitioners in the field do not anticipate any major public announcements confirming the reopening of the program.
Conclusion:
The Portugal Golden Visa program, without any official communication, has quietly reopened its doors to Russian and Belarusian applicants. This reversal comes after a series of lawsuits challenged the unofficial ban and found it to be illegal. The lifting of the suspension provides relief and opportunity for those affected, as they can now progress with their applications.
