Applying for D7 - 401(k) passive income? / Proving a relationship - Portugal forum

Applying for D7 - 401(k) passive income? / Proving a relationship

Member since 02 February 2025

FIRE_ExpatMember01 April 2025 19:29:10

My partner and I are working with an immigration lawyer, who has failed to answer 2 questions that I think are pretty simple.聽 I am at a loss and hope this community might be able to help.聽聽

Part 2:

I retired well before 59 1/2.聽 As a result, I use an unusual mechanism to access my 401(k) early.聽 Therefore I can show 401(k) withdrawals on my taxes for the past 5 years, but I cannot show it being deposited in a bank account.聽 Question 1:聽 Are 401(k) withdrawals, with evidence ONLY from my U.S. taxes showing this as income, considered "passive income" for a D7 application, even if I can't show them being deposited in a bank account?聽

Part 2:

My partner and I are not married.聽 We have enough rental income (ignoring 401(k) income above) to qualify for a D7 visa as a primary applicant and an accompanying family member because we can show 1.5x the 870 Euros required.聽 Our rental income is $1600, which is less than 2x 870 Euros so we cannot apply separately based on rental income.聽 Question 2:聽 How do unmarried people provide evidence to VFS/AIMA to demonstrate their relationship for a D7 Visa with accompanying family member?聽 We're looking for specific details like - joint deed to a house?聽 Mortgage bills in both names?聽 Pictures of us on vacation?聽 Letters from family members?聽

Any help would be greatly appreciated.聽 Our VFS appointments are in early May and we really need to figure out what we're using as income and whether we're applying separately or as accompanying family members.聽 You'd think the IMMIGRATION LAWYER WE HIRED would have some input but...nope.聽

Given the above, should we try to justify our relationship and apply as a primary and accompanying family member based solely on rental income?聽 Or should I apply with my 401(k) income based on my U.S. taxes while my partner applies based on the rental income, which is in his name?

Thanks in advance to anyone who can help.聽

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert02 April 2025 09:44:08

4701

1. In theory, tax returns should be used as proof of passive income. Don't you also have proof of rental income, as you mentioned in question 2? It might be better to put everything together to make it easier to get approval.

2. Unmarried couples or life partners who have been residing together for a minimum of two years are eligible to apply together, providing they can show proof of their relationship.

Do you have any joint bank account statements? House deeds ? Utility bills for the same address + period of time in both your names (eg. Water bill / partner 1, electricity bill / partner 2), tax returns for the last few years which include both of you, ... can also be used as proof.

FIRE_Expat Member

Member since 02 February 2025

FIRE_ExpatMember02 April 2025 14:10:47

Thanks!

Tax returns are tough.聽 I'm not sure if you're US based or not, but in the US if you rent to a family member for below-market rent, you don't have to report it on taxes.聽 So our rental income isn't on our taxes.聽 We do have a lease with the the renter (my mom), 8 years of recorded payments, cashed checks, and deposits to savings, so I think we can prove the rental income. Her rent is about 1/2 of market rate in our neighborhood, so not taxable but also not recorded on our taxes.

We do have a boatload of documents to demonstrate our relationship.聽 However our lawyer hasn't told us what we should use.聽 We don't have utility bills (they're in just one name) and do our taxes separately, but we have deeds to 2 houses and joint bank accounts going back 24 years.聽 Our state has a Civil Union law, so we're probably going to register this week.聽 I think that's the cleanest way to do it, and then our rental income more than covers the 1.5x870 Euros.聽