If you are a Portugal Golden Visa investor who invested through Mercan Group with the expectation of eventually living and working in Portugal, finding independent legal representation is critical. Investors should carefully review their contracts, the immigration timeline, and any possible conflicts of interest that may affect both the investment and the residency strategy.
Our legal team has identified concerns involving potential conflicts of interest, possible breaches of investment contracts, and changes in Portugal’s Golden Visa laws that may significantly affect the viability of these investments. For many investors, what once appeared to be a path to European residency may now require a serious independent legal review.
Conflicts of Interest
There appear to be conflicts of interest involving some attorneys in Portugal who hold themselves out as providing independent legal advice while also having a financial interest in the investments they are supposedly reviewing. In practical terms, investors may believe they are paying for independent counsel when, in fact, they may be receiving guidance from lawyers or firms that are tied to the underlying investment.
For investors, this is not a minor issue. When the same network that promoted the investment is also influencing the legal advice, it becomes difficult to know whether the guidance is truly independent. Any investor who suspects this kind of conflict should obtain advice from counsel of their own choosing, with no connection to Mercan Group or any affiliated project.
Breached Investment Contracts
Although many investors entered into Mercan investment contracts primarily to qualify for the Portugal Golden Visa, these are still investment agreements involving substantial capital, often €500,000 or more. Investors have committed significant personal savings with the expectation that the project would be completed, contractual obligations would be honored, and the immigration goals tied to the investment would remain achievable.
In some cases, investors may have concerns about delayed timelines, missed deadlines, failure to make promised payments, failure to honor return or buyback provisions, or other possible breaches. These issues can be especially serious where the investment was marketed as stable, time-sensitive, and tied to residency eligibility. If any of these concerns apply, the contract should be reviewed immediately by independent counsel.
Changes in Portugal Golden Visa Law
Many Mercan investors made their investments before significant changes were made to Portugal’s Golden Visa program. Over time, the legal and practical landscape has shifted, and investors who expected a faster path to residency or citizenship may now face a much longer process than originally anticipated.
The residency timeline may begin only after issuance of the first residence card, not merely when the application is filed. In addition, the minimum legal residency requirement for citizenship has increased for many non-EU applicants, including applicants from the United States. As a result, delays in processing can extend the overall path to Portuguese citizenship and long-term European residency far beyond what many investors originally expected. This means that, with processing delays and other issues, the realistic timeline for the Portugal Golden Visa pathway to Portuguese citizenship, and permanent European Union residency, can be as much as 11 to 13 years.
What Investors Should Do Now
If you invested with Mercan and suspect a breach of contract or conflict of interest, do not wait to gather your documents. The most useful records typically include the investment agreement, any amendments, marketing materials, payment confirmations, email communications, and any immigration filings or correspondence.
A prompt independent review can help determine whether your contract has been breached, whether your residency strategy is still viable, and what legal remedies may be available. Every case is fact-specific, so the earlier the review begins, the better positioned you may be to protect your rights.
Why Independent Counsel Matters
If you believe you may have a breach of contract, a conflict of interest, or a problem with your Portugal Golden Visa investment, it is important to speak with an attorney who is truly independent. That means a lawyer who is not connected to Mercan Group, not influenced by anyone affiliated with the investment, and not financially tied to the outcome of the project.
Urban Thier & Federer, P.A. works with Porto-based colleagues to represent the interests of U.S.-based clients with legal matters in Portugal. In many cases, we can represent you via a No Win No Fee legal representation agreement that covers the entire USA and Portugal legal team. Contact us today at [email protected] or call 877-693-4516.