My application has been pending for months with the Immigration Office - AIMA. What can be done?

Sara Ferreira | Lawyer

It is known to the general public that the Portuguese Immigration Office (AIMA) has not been able to timely approve residency authorisation requests within the legal timeframe defined to do so, thus resulting in residency applicants having their applications on hold for months, in some cases even years. 

One way to tackle this inaction from the Immigration Office is to file a legal action, namely the Subpoena for rights, freedoms and guarantees of the citizens. 

This type of legal action is an urgent process based on the violation of constitutional rights and may represent a swifter way to obtain an answer from the Immigration Office and, ultimately, the residency authorisation. 

Being an urgent process, this legal action has priority over legal actions not deemed to be urgent. 

After the Subpoena is accepted by the court, AIMA has the legal obligation to promote a written objection within seven working days and the court decision must be delivered within the period necessary to ensure that the decision is effective, which cannot exceed five working days after the completion of the necessary steps for the decision to be taken.

Overall, filling a legal action against the Immigration Office in the terms stated above may allow an applicant of a residency authorisation to obtain the long-awaited residency authorisation to live in Portugal. 

The Portuguese courts have already provided several decisions stating and reiterating the Immigration Office's constant violation of the assumptions and legal deadlines defined for this purpose, reinforcing the state’s legal obligations. 

We remain fully available to clarify any questions about the Subpoena for rights, freedoms and guarantees. Contact us for help or clarification on this or related matters.