Since the abolition of the SEF (the former immigration and borders service) and the creation of AIMA (Agência para a Integração, Migrações e Asilo, the Agency for Integration, Migration and Asylum) in 2023, tens of thousands of applications for residence permits, renewals and family reunification have built up delays far beyond the legal deadlines. For those waiting, the consequences are concrete: they cannot travel, change jobs with confidence, bring their family over or, in some cases, renew their tenancy agreement.
This article explains what the deadlines are, how to find out where your application stands and what remedies exist when AIMA simply does not decide.
What deadlines the law imposes on AIMA
The Lei de Estrangeiros (the Immigration Act) sets deadlines for deciding applications. For residence permits in general, the decision must be taken within 60 days of the complete application being submitted, and there are specific deadlines for renewals and other procedures. In practice, many applications go beyond a year without a response.
When the deadline passes without a decision, in most cases the law does not treat the application as automatically approved. But the failure to meet the deadline opens the door to remedies.
First step: understanding the status of your application
Before going to court, it is worth gathering:
- the proof of submission of the application (receipt, confirmation email, case number);
- the proof of payment of the fees, if they have already been paid;
- any notification received in the meantime (request for documents, appointment, refusal);
- confirmation that no document is missing on your side.
A formal request for information to AIMA, made by a lawyer, often makes it possible to find out whether the application is stalled for lack of resources or because of something that depends on the applicant.
What to do when AIMA does not respond
Request for information and written submission
This is the simplest route: a written request, identifying the case, asking for information on its status and for a decision. It rarely solves the problem on its own, but it documents the inaction and is useful if the case goes to court.
Court action to compel AIMA to decide
Once the legal deadline has passed, the applicant can ask the administrative court to order AIMA to decide within a set period. This is a specific action under administrative litigation rules which has been used widely and with results: the courts have been setting short deadlines for AIMA, often a matter of weeks, to issue a decision.
Important points:
- The action does not compel AIMA to approve the application. It compels it to decide. In practice, when the documents are in order, the decision is favourable.
- A power of attorney to a lawyer is required. It can be signed remotely, with the signature certified.
- As a rule, the applicant is not required to appear in court.
- If the judgment is not complied with, penalties may be imposed on the agency.
Urgent injunction for the protection of rights
In situations where the delay jeopardises fundamental rights, for example family unity or access to healthcare, there are urgent procedural remedies. The choice of the appropriate remedy depends on an analysis of the specific case.
How long the action takes
It depends on the court and its workload. In many cases, a few months pass between the filing of the action and AIMA’s decision, which is significantly less than an indefinite wait. The deadline for AIMA to respond, set by the court, is usually a few weeks after the judgment.
What to watch while you wait
- Keep your passport valid. An expired passport stalls the application.
- Keep your address up to date with AIMA and the tax office. Lost notifications are one of the main reasons for refusal.
- Keep all supporting documents: Social Security contributions, contracts, rent receipts. They will be requested.
- If you have received a request for documents, reply within the deadline, even if only to ask for an extension.
How we can help
We review the application, request information from AIMA and, where justified, bring the court action to obtain a decision. We also handle family reunification, renewals and new applications. See our immigration and AIMA service or contact us.
This article is for general information and is not legal advice on your specific case.