Portugal is facing an alarming situation when it comes to processing residence permits. Currently, more than 500,000 people are awaiting legalization, many already living in the country, while the Agency for Migration (AIMA), which is responsible for this process, is accumulating a backlog that seems to have no end.
Portuguese law is clear: AIMA must process applications for residence permits within a maximum of 90 working days. However, this deadline is rarely respected, putting applicants in a precarious situation.
Without proper legalization, immigrants are deprived of fundamental rights, such as access to work, health and education. This reality represents a violation of the most basic rights of foreign citizens.
AIMA’s delays and the consequences for those affected
AIMA’s failure to comply with the law has created serious constraints for:
- Investors awaiting for Golden Visas: Without the guarantee of permanence or free movement within the Schengen area, these people face constrains entering and leaving Portugal or other European Union countries. They also see their access to acquired assets limited and business management in the country hampered.
- Foreign nationals residing in Portugal on a Work Visa or other visas for self-employment, highly qualified work, digital nomads, etc.: Foreign nationals who entered Portugal with a visa that allows them to settle in the country while awaiting the issue of a residence permit are in a situation of uncertainty regarding their legal status in the country. They are prevented from travelling internationally, for fear of not being able to return to Portugal, and are limited in their access to public services.
- Immigrants who have submitted an “manifestação de interesse”: Without proper legalization, immigrants are deprived of fundamental rights, in particular the ability to move freely, to enter and leave national territory.
The alternative: seeking legal action
When the state fails to fulfill its role, it is natural for citizens to resort to the means available to guarantee their rights. In this case, and according to our experience, recourse to the courts has proved to be an effective tool for many who are waiting for a swift and fair solution.
Several examples show that this route can significantly speed up the process, guaranteeing compliance with deadlines and protecting the rights of those seeking regularization. Talk to our Immigration experts.
Q&A – Questions and Answers
In Portugal, the principle of legality applies, which obliges the state to comply with the law. Through the AIMA, the state is obliged to issue, renew and schedule biometrics appointments for residence permits within the time limits set by law, which as a rule are 90 working days. In the event of non-compliance, the administrative courts can be called upon to order the state to comply with the deadlines.
The short answer is: whenever the state fails to comply with the law.
In the case of Immigration, the most blatant examples are related to failure to meet deadlines or failure to make a decision on applications for residence permits, appointments for biometrics, the issue and renewal of all types of residence permit, the impossibility of starting a family reunification process due to a lack of appointments, failure to issue a residence card in cases of automatic renewal or temporary protection.
This depends on the type of case and the court in question. While a declaratory action can take several months to resolve, urgent proceedings such as injunctions or injunctions for the protection of fundamental rights can be resolved in a few weeks. In general, according to our experience, recourse to the courts significantly speeds up the resolution of issues pending before AIMA.
No. With all its faults and slowness, Portugal is still a state governed by the rule of law. The administrative courts can impose behavior on the state and the state is obliged to comply with what is ordered by the judges. Under no circumstances can anyone be harmed by claiming their rights through the courts.
Yes, as long as the pendency beyond the time limits set by law is due to negligent action by the services and non-compliance with legal provisions. However, each case is different and should be carefully analyzed before resorting to the courts.
It all depends on the type of action and the circumstances of the case. In addition to the legal fees, you may have to pay a court fee. If the case is successful, the amounts spent on the case may be partially recovered.
It’s impossible to answer that question. Each case is dealt with on its own merits and the outcome depends on numerous factors. However, it is clear from our experience and from press reports that AIMA has been repeatedly ordered by the courts to proceed with pending cases for failure to comply with the deadlines stipulated by law.
The injunction for protection of fundamental rights is a (very) urgent type of legal action designed to order the state to immediately stops the damage to rights, freedoms and guarantees enshrined in the Constitution of the Portuguese Republic. These include a range of fundamental rights, such as the right to work, to enter and leave the country, the right to health and personal development, among others.
At the moment, there is no doubt that cases pending at AIMA beyond the legal deadlines jeopardize the fundamental rights of applicants. It is therefore possible to use this special type of action before court to restore legality and force the state to respond to pending cases immediately. These cases are prioritized over others and are exempt from paying court fees.
Documents and visas relating to residence on national territory that have expired since 22 February 2020 are valid until 30 June 2025 and are exclusively accepted by the Portuguese public authorities.
Entry and movement in another Schengen state continues to be subject to compliance with the conditions laid down in the Schengen Borders Code, and it is certain that an expired residence card is not valid for travelling to other Schengen member states.
It is possible to go to court to order the state to issue a valid residence card.
AIMA is obliged to provide appointments for the start of the residence permit process and the collection of biometric data, but it is common for applicants to remain in Portugal for long months with expired visas or overstaying while waiting for an appointment. It is possible to go to court to force AIMA to comply with the law and make the necessary appointments.
The granting of temporary protection obliges the Portuguese state to issue a residence card that complies with the format laid down in European legislation. Only a valid residence permit allows the beneficiary of temporary protection to identify themselves to the Portuguese and foreign authorities and to exercise their rights to travel within the Schengen area. If the law is not respected, it is possible to go to court to force AIMA to issue a valid residence permit to beneficiaries of temporary protection.
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