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

29 April 2024
Sara Ferreira
Sara Ferreira - LVP Advogados

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.

11 July 2025
The Portuguese Parliament has decided to postpone the vote on the proposed amendments to the Nationality Law until September 2025. The decision was taken in a meeting of the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, following pressure from several political parties who requested more time to assess the implications of the proposed reform. The delay allows for additional hearings with legal experts, immigrant associations and civil society representatives before a final vote is held in plenary session. The proposed reform introduces significant changes to the current legal framework for acquiring Portuguese nationality. Among the most impactful measures is the extension of the minimum legal residence period required before applying for naturalisation. Under the new proposal, this period would increase from the current five years to seven years for nationals of CPLP countries (Community of Portuguese Language Countries), and to ten years for applicants from all other countries. Another major change concerns the introduction of mechanisms to revoke Portuguese nationality . According to the proposal, naturalised citizens who are convicted of serious crimes — defined as those resulting in prison sentences of five years or more , within ten years of acquiring nationality — could see their Portuguese citizenship revoked by a court decision, based on a proposal from the Public Prosecutor’s Office. In addition, the reform would tighten the requirements for acquiring original Portuguese nationality through birth in Portugal. For children born in Portuguese territory to foreign parents, it would become mandatory that at least one parent has been residing legally in Portugal for a minimum of three years , instead of the current two years. Although the government initially intended to approve these changes before the summer recess, political consensus has not yet been reached. Left-wing parties have raised concerns regarding the constitutionality of retroactive revocation of nationality and the potential impact on the rights of long-term residents and immigrant communities in Portugal. In response, the parliamentary committee agreed to postpone the process and schedule a new round of expert hearings in early September. A final vote on the reform is now expected to take place later that month. Until then, the current version of the Nationality Law remains in force , including the five-year legal residence requirement for naturalisation. Applicants who meet this requirement and wish to apply under the current rules may still do so in the coming weeks.
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