Advocacia Portugal | Imigração

Autor: Pinheiro

  • Before buying a property in Portugal | Real estate due diligence

    Introduction

    At the outset, we warn you not to make any payment or sign any document before the step below.

    This article was written by a lawyer, used to practicing real estate law in Portugal. The text is simple and objective, to facilitate the reader’s understanding.

    Below we will mention the documents that must be analyzed (obligatorily) before buying and selling a property. Due to the complexity of the analysis, it is usual and recommended that the analysis be done by a lawyer experienced in real estate law. But, it is important that the buyer knows, at least, basically.

    Land registry (certidão de registro predial) and building booklet (caderneta predial)

    The first step in analyzing a safe property purchase is the analysis of the land registry certificate (in Portuguese: certidão de registro predial) and the building booklet (in Portuguese: caderneta predial). As already said, it is an indispensable analysis and should be the first step.

    How to obtain the land registry certificate (certidão de registro predial) of the property?

    Our office does the research and the request for the land registry certificate (certidão de registro predial). However, the following data is required

    • the description number (the number that the building has in the land register) or the article of the matrix (the number under which the building is registered with the finances) and the nature of the article (rustic or urban);
    • if it is an autonomous fraction (an apartment, for example) the letter identifying the fraction/unit of accommodation
    • the neighborhood (freguesia) and municipality where it is located (you must indicate the neighborhood and municipality mentioned in the document from which you took the description number or the article from the matrix).

    You can obtain this information from the Promissory Contract of Purchase and Sale – (In Portuguese: “Contrato Promessa de Compra e Venda” – CPCV) . In fact, the CPCV must mention the data mentioned above.

    Fee: The cost varies according to the type of certificate, but can be 18€.

    How do I obtain the “caderneta predial” of the property?

    Our office will search for the land register of the property. However, the following information is required:

    • Neighborhood (freguesia in Portuguese):
    • Type of building (urban or rustic)
    • Matricial article
    • NIF/NIPC of the owner

    It is possible to obtain this data through the Promissory Contract of Purchase and Sale (CPCV).

    By law, only lawyers can write or review contracts in Portugal

    According to the legislation of Portugal, only lawyers can provide legal consultation or legal advice on property purchase and sale contracts.

    The contact of the buyer (client) must be direct with the lawyer. There can be no intermediaries, such as real estate agents, “legal department”, real estate consultant etc.

    Real estate consultants and real estate agents must limit themselves to making the commercial approach of the buyer and the seller.

    Thus, any professional or company offering a contract analysis to a client – other than a lawyer – is committing an illegality in Portugal (Law nº. 49/2004, of August 24)

    Real estate due diligence in Portugal

    Before buying a property in Portugal (or in any country) the buyer must take due care. This care involves a detailed analysis of the property documents, among other analyzes and investigations. This is what we call real estate due diligence.

    Obviously, due diligence can become more complex, depending on the case and the parties’ requirements. For example, there are cases where the parties hire engineers and/or architects for a technical analysis about the construction of the property. This analysis is also important to assess the housing license (or license of use) of the property, which is issued by the Municipality.

    Adriano Martins Pinheiro is a lawyer in Portugal, writer and certified trainer.

    tags: property purchase and sale, due diligence, purchase and sale agreement, property documents, portugal .

  • Residence permit for highly qualified activity in Portugal

    RESIDENCE PERMIT FOR HIGHLY QUALIFIED ACTIVITY (HIGHLY QUALIFIED PROFESSSIONAL)

    Many people don’t know about the possibility of applying for a residence permit to carry out a highly qualified activity in Portugal. However, this is an excellent opportunity that cannot be ignored.

    For this type of residence permit (highly qualified activity), the law on foreigners in Portugal requires the applicant to have an employment contract or a service contract compatible with the activity considered highly qualified, among other requirements.

    As in all cases of residence permits, there are general requirements and specific requirements. Professionals must prove that they meet all the requirements for highly qualified activity.

    General documents

    The general requirements are as follows:

    • Passport or any other valid travel document;
    • Proof of sufficient earnings to live in Portugal;
    • Proof of tax registration in Portugal;
    • Proof of social security registration in Portugal;
    • Proof that the applicant has suitable accommodation.

    Obviously, there is a need for a more detailed analysis, because each client has a different situation.

    Specific documents

    You can apply for a visa or residence permit with an employment contract (employee) or with a service contract (self-employed). In either case, the contract must be related to highly qualified work.

    The applicant must present a university degree in the field of the highly qualified activity.

    It is necessary to prove that the highly qualified professional has the earnings required for this type of visa or residence permit. A minimum of €1,500 is recommended. However, some exceptions must be analyzed.

    Unfortunately, the law is not very well understood by some SEF officials and this causes many misunderstandings. Consequently, there may be some controversies during the procedure. Interpretations can also vary from consulate to consulate.

    As we have already said, the best way out is a detailed analysis of each case, with full knowledge of the law and legal practice, to reduce all risks.

    Adriano Martins Pinheiro is an immigration lawyer with an office in Portugal and provides online consultations for clients from various countries.

    tags: highly qualified activity, portugal, visa, resident permit, documents, requirements, law, lawyer, immigration lawyer .

  • D7 Visa in Portugal | How to apply

    This article is to answer the questions we received:

    • How to apply for a Portugal D7 Visa?
    • What is a D7 Visa?
    • How much do you need?
    • What are the documents required?

    The D7 visa is one of the best visa options and is ideal for retirees and entrepreneurs.

    The D7 visa is one of the best because you just need to prove that you have sufficient funds to support yourself during your stay in Portugal.

    Basically, your income must correspond to twelve minimum wages in Portugal. By the way, to start the D7 visa process, it is necessary to have this amount (12 x minimum wage) in a bank account in Portugal.

    For example, the minimum wage in Portugal this year (2021) is 665 euros. Therefore, you must have a personal income greater than or equal 12 x 665 euros, that is greater than or equal 7980 euros. But, you must remember that the minimum wage changes annually.

    If there are family members, there must be additions in the calculation.

    For example, a couple with children must add 50% for the other spouse, plus 30% for each child.

    We are a licensed Law Firm in Portugal. We have our office located in Porto, but we only receive clients by appointment (pinheiro@advocaciapinheiro.com or Whatsapp / Telegram / SMS).

    Documentation

    As we speak, you must have sufficient funds to support yourself during your stay in Portugal. In other words, you must prove that you can meet all the requirements.

    The most important documents are:

    – Proof of regular income or passive income;
    – Proof of a place to live.

    Anyway, all documents that can prove your income will be necessary or useful, such as bank statements, retirement records, properties, etc.

    In addition to these documents, you will need to present all the usual documents for all visas, such as criminal background check, valid travel insurance, passport etc.

    The first contact must be made by message (whatsapp, Telegram, SMS or email). We do not answer phone calls without scheduling.
 You need to send a message and request an online consultation.
 When we understand what you want to contract, we will send you a fee proposal by email.

    You apply for a visa at the embassy (consulate) in your home country.

    For example, if you are in the United States, you must go to the embassy (consulate of Portugal) in the United States and start the visa process at the Consulate. The visa process cannot be started in Portugal.

    After entering Portugal, you must schedule a visit to the Foreigners and Borders Service – SEF, in Portuguese: Serviço de Estrangeiro e Fronteiras – SEF.

    You will have four months to attend the SEF interview. Upon approval of the process, you will receive your residence permit.

    Permanent Residence Permit and Citizenship

    After five years of residence in Portugal, you will be able to apply for your permanent residence permit. In addition, with five years of residency, you will also be able to apply for Portuguese citizenship.

    Adriano Martins Pinheiro is a lawyer in Portugal

  • TIN in Portugal (Tax Identification Number) How to get

    How to get the TIN (Tax Identification Number in Portugal)

    The TIN is the Tax Identification Number in Portugal is the most used document in the country, being necessary for everything, such as: opening a bank account, enrolling in a course, buying a vehicle or property, registering in stores, websites, etc.

    Therefore, obtaining the TIN should be the first step for those who intend to reside or do business in Portugal.

    Even when you are abroad, you can request the TIN by power of attorney, appointing a tax representative for this purpose (all this online).

    We provide the TIN for our customers. We just need to receive the required documents:

    • Copy of passport;
    • Proof of address (of the country you live in);
    • Signed Power of Attorney (we provide the power of attorney).

    In case of doubts, please contact us!

    In English: Tax Identification Number – TIN
    In Portuguese: Número de Identificação Fiscal – NIF

    The first contact must be made by message (whatsapp, Telegram, SMS or email). We do not answer phone calls without scheduling.
 You need to send a message and request an online consultation.
 When we understand what you want to contract, we will send you a fee proposal by email.

    Use Whatsapp, Telegram, SMS or email.

    How do we do it?

    1) We tell the client the price of the service;
    2) If the client accepts, we formalize the fee proposal by email;
    3) We receive the client’s documents;
    4) We make a video call to confirm the data the client has informed us (Google Meet);
    5) We receive the payment;
    6) We send the NIF by email (in PDF).

    We are a licensed Law Firm in Portugal. We have our office located in Porto, but we only receive clients by appointment (pinheiro@advocaciapinheiro.com or Whatsapp / Telegram / SMS).

    Preferably, the NIF procedure is done online. If the client wishes, he/she can pay a fee for a personal meeting in the office. But, as said, the usual is to do everything online (by email).

  • Who are we? Team of lawyers in Portugal

    We are located in Portugal and perform online consultations for clients worldwide.

    We have a team experienced in serving immigrants and foreigners in Portugal.

    Some of our services in Portugal

    • Portuguese citizenship application
    • Visas for Portugal
    • Residence permit (SEF)
    • Request for NIF (Tax Identification Number)
    • Search for documents and certificates in Portugal
    • Marriage transcription
    • Certification and Authentication of Documents
    • Translation of documents
    • Real estate consulting (buying, selling and renting)
      Investing in Portugal

    Our focus is on online service, as most of our clients are outside Portugal. Therefore, most of our activities with the client are via email and video calls.

    For the face-to-face service, we need to make an appointment, after previous payment.

    Our founding lawyer has been a lawyer since 2011 and opened the office headquarters in Portugal in 2018.

    The first contact must be made by message (whatsapp, Telegram, SMS or email). We do not answer phone calls without scheduling.

    https://advocaciapinheiro.com/en/

  • How does the purchase/sell processo work?

    The Property Purchase / Sale requires requires the analysis of the property documents. It is essential that all documentation of the property is valid.
    Therefore, it is recommended that qualified professionals, with experience in real estate law, be responsible for verifying all real estate documentation, including certificates related to the Tax Authority, Land Register Office, Municipal Council, among others (in Portuguese: Autoridade Tributária, Conservatória de Registo Predial e Câmara Municipal).

    In Portugal, only lawyers and solicitors are authorized and licensed to provide legal advice on the purchase/sale of real estate and leases.

    Real estate agents cannot and should not provide legal advice, as they are not qualified to do so. The real estate agent’s job is just to do the real estate mediation.

    Property documentation must be delivered to the buyer. It is recommended to draw up a pre-contract that contains the business conditions, such as price, payment, conditions, down payment, etc.

    The law in Portugal determines that the contract of purchase/sale of the property must be registered by public deed or by private document, authenticated by a lawyer or solicitor (PDA).

    Adriano Martins Pinheiro is a lawyer in Portugal.

    tags: real state lawyer portugal, real state law .

  • How is our online consultation? Learn more and schedule

    How is our online consultation?

    Our online consulting can be via video call or voice only. The customer chooses what is most convenient.

    Therefore, if you want to be attended by a lawyer, just request the appointment of the day and time for the online consultation.

    Online consultation costs less

    Online consulting is also more advantageous for the lawyer, as the professional is able to carry out a greater number of consultations and can serve the client from anywhere. As a result, online consulting has a lower cost.

    In-person consulting requires the office to reserve the meeting room, keep the lawyer on site, using the busy schedule for longer, in addition to involving other indirect expenses related to the reception of the client. For these reasons, face-to-face consultation can cost much more.

    Conclusion

    It’s simple! The customer informs what he wants to know and requests a time for the day and time of service.

    If the client prefers, he can make a list of questions or doubts, to optimize his time and focus on his needs.

    If you want to hire a specific service, whether administrative or judicial, let us know!

    Adriano Martins Pinheiro is a lawyer licensed by the Portuguese Bar Association, with an office in Portugal and founded the office in 2011.

    Contact us!

  • Como é a nossa consultoria online? Saiba mais e agende

    Como é a nossa consultoria online?

    A nossa consultoria online pode ser em vídeo chamada ou apenas por voz. O cliente escolhe.

    Se você deseja ser atendido(a) por um advogado, basta pedir o agendamento de dia e hora para a realização da consultoria online.

    A consultoria online tem um custo menor

    A consultoria online tambem é mais vantajosa para o advogado, pois o profissional consegue realizar um maior número de consultas e pode atender o cliente de qualquer lugar. Em razão disso, a consultoria online tem um custo menor.

    A consultoria presencial exige que o escritório reserve a sala de reuniões, mantenha o advogado no local, utilizando a agenda ocupada por mais tempo, além de envolver outras despesas indiretas, relacionadas à recepção do cliente. Por tais razões, a consultoria presencial pode custar até 5 vezes mais.

    Conclusão

    É simples! O cliente informa o que deseja saber e pede agendamento do dia e hora para o atendimento.

    Se o cliente preferir, pode fazer uma lista de questões ou dúvidas, para otimizar o tempo e manter o foco de suas necessidades.

    Se deseja contratar um serviço específico, seja administrativo ou judicial, avise-nos!

    Conte conosco!

    Adriano Martins Pinheiro é advogado licenciado na Ordem dos Advogados Portugueses, com escritório em Portugal e fundou o escritório em 2011. 

    Fale conosco!

  • What do we do in Portugal? Schedule a conversation with us

    Contact us and know more about what we do in Portugal.

    We can assist you via a video call or via telephone (example: Zoom, Skype, Microsoft Teams, Whatsapp Video, etc.).

    In short, we represent clients in Portugal in administrative and judicial proceedings / requirements.

    Some of our services in Portugal:

    • Portuguese citizenship
    • Search of documents and certificates in Portugal
    • Residence Permit (SEF)
    • Marriage transcription
    • Visas to Portugal
    • Document Certification and Authentication
    • Document translation
    • Real estate consultancy (buying, selling and leasing)
    • Investments in Portugal

    If you are interested, we have partners who provide specific advice on housing in Portugal, dealing with various matters such as advice on employment contracts, property purchase and lease agreements, etc.

    Adriano Martins Pinheiro is a lawyer licensed by the Portuguese Bar Association and founded his office in 2011. In addition, he is a writer and instructor of online legal courses.

  • O que fazemos em Portugal? Agende uma conversa conosco

    Entre contato conosco e saiba mais sobre o que fazemos em Portugal.

    Nós podemos atendê-lo(a) por meio de chamada por Whatsapp em vídeo ou áudio (e outros aplicativos online).

    Alguns de nossos serviços em Portugal:

    • Cidadania Portuguesa
    • Pesquisa e localização de documentos e certidões em Portugal
    • Autorização de Residência (SEF)
    • Transcrição de Casamento
    • Vistos para Portugal
    • Certificação e Autenticação de Documentos
    • Tradução de documentos
    • Consultoria sobre imóveis (compra, venda e locação)
    • Investimentos em Portugal

    Em suma, nós representamos clientes em Portugal em procedimentos / requerimentos administrativos e judiciais.

    Caso tenha interesse, temos parceiros que realizam consultoria específica em relação à moradia em Portugal, tratando de diversos assuntos como assessoria em contrato de trabalho, contrato de compra e locação de imóveis etc.

    Adriano Martins Pinheiro é advogado inscrito na Ordem dos Advogados Portugueses, fundou seu próprio escritório em 2011 e iniciou a atuação em Portugal em 2018. Além disso, é escritor e instrutor de cursos jurídicos online.