AIMA: What Has Changed and What Are the Challenges

AIMA, the Portuguese agency responsible for immigration matters, has been managing a significant backlog in processing immigration cases, with more than 400,000 applications currently pending resolution.

A range of solutions have been implemented to address this issue. Among them, the establishment of new service centres by AIMA in September 2024 has proven particularly effective. Currently, over 20 centres are in operation.

These new service centres operate as a collaboration between AIMA and local city councils, aiming to expedite responses to immigration processes in Portugal. 

Another significant measure involves the revision of the law that legislates the terms of responsibility, enabling foreign nationals to regularise their residency status through this process. This is conditional upon their registration with Social Security and documented contributions, either as employed or self-employed workers, for a minimum of 12 months.

In addition, the Supreme Administrative Court has mandated that AIMA deliver final decisions on pending applications within the legally stipulated timeframe of 90 working days, ensuring compliance with legal obligations and meeting set expectations.

Complementing these efforts, the Instituto dos Registos e do Notariado (IRN) developed an online platform designed to streamline the citizenship application process. It is important to note that this platform is exclusively accessible to lawyers and solicitors registered with the Portuguese Bar Association or the Solicitors Regulation Authority.

As of November 2024, AIMA theoretically has the capability to serve 4,000 persons per day, aiming to resolve the 400 thousand pending cases by June 2025. Unfortunately, this is not currently happening.

A significant number of individuals with scheduled appointments at AIMA fail to attend on the designated date. In response, AIMA has issued an official communication urging all citizens with appointments to honour their scheduled times. If attendance is not possible, AIMA advises rescheduling or cancelling the appointment through the personal area of the AIMA portal as early as possible. This proactive action helps free up slots for other citizens in need.

Additionally, some individuals attend their AIMA appointments without the necessary documentation required to complete the residency process. Key documents often missing include the criminal record and proof of address, both of which must be uploaded to the system to proceed with the application.

This lack of preparation in meeting the requirements for the immigration process can result in the rejection of the application.

It is highly recommended to have an immigration lawyer manage your immigration process. Firstly, securing an appointment with AIMA is essential. 

While individuals can schedule appointments on their own, the process of calling AIMA can be daunting since the lines are usually congested. Having a law firm that can call from 9 to 5 increases the likelihood of obtaining an appointment efficiently.

Another important reason is that an immigration lawyer understands the specific documentation required for each case. Ensuring that all necessary documents are prepared in advance is crucial to successfully completing the immigration process.

Consider the following example: A U.S. citizen planning to reside in Portugal must obtain an FBI background check. This document must first be requested from the FBI, and then submitted to the Portuguese Consulate or processed to obtain a Hague Apostille. Finally, it must be translated into Portuguese – a service usually provided by law firms, such as LVP Advogados.

The process of obtaining a criminal record alone can take more than a month, as it involves several entities. Having legal advice or a legal team manage the documentation process can alleviate stress and ensure that the case is handled efficiently and effectively.

Engaging a law firm with lawyers and solicitors registered with the Portuguese Bar Association and the Solicitors Regulation Authority helps avoid the risk of illegal practice of law. Unfortunately, this issue is not uncommon among immigrant citizens, often driven by the appeal of lower prices. 

Moreover, having a lawyer who thoroughly analyses your immigration process – someone familiar with your case and experienced in Portuguese legislation – can provide valuable guidance on the best course of action, whether it involves a legal case or an appeal against AIMA. They will also ensure that all necessary documents for the legal action are properly prepared.

Legal advice is invaluable in the immigration process because there are various ways to obtain residency in Portugal tailored for different circumstances. Also, there are benefits to consider. Having a trusted lawyer to advise you on these matters is crucial.