Portuguese Supreme Court Enforces AIMA's 90-Day Deadline for Residency Permits

1 July 2024

The Supreme Administrative Court has ruled that the Agency for Integration, Migration, and Asylum (AIMA) must provide the final decision regarding pending applications within the legal deadline of 90 working days, thereby fulfilling their legal obligations and all expectations created. 


This pivotal decision, rendered by the Supreme Administrative Court on June 6th 2024, marks a significant development by clarifying the interpretation given on the matter. 


The new Agency for Integration, Migration and Asylum (AIMA) inherited an overload of pending residency applications from the previous immigration office Foreigners and Borders Service (SEF) has not been able to promote a closure for all the applicants that have been waiting for several months and years to obtain their residency permit. 


With this recent decision, the migrants' right to take legal action against AIMA has been reinforced. They can present to the court, along with the non-compliance of the legal timeline, the reasons why their situation requires an urgent decision. 


Previously, a legal ambiguity existed in this process, leaving it solely dependent on each judge’s perception of the case and its specific justifications for the need for an urgent decision. 


This Supreme Administrative Court’s ruling plays a major role in the recognition by judicial entities of the direct correlation between the failure to comply with mandatory deadlines to promote decisions on ongoing authorisation requests and the difficulties and uncertainty generated in applicants by the immigration office’s non-compliance. 


This prolonged wait for an indefinite period of time does not promote the effective personal and professional stability of the applicants, but rather facilitates and contemplates, albeit indirectly, an immigration system that violates the rights, freedoms and guarantees of the applicants and undermines the basic principles of a democratic state governed by the rule of law. 


It is crucial to understand that the administrative legal procedures pertaining to immigration are inherently complex. Consequently, AIMA cannot be mandated to issue or implicitly approve residence permits. However, the courts can enforce compliance with deadlines, and failure to do so may result in financial penalties.


This landmark decision can represent one of the awakening calls to the immigration system and its representatives, reflecting the need and obligation to comply with the law, thus creating sincere expectations for all current and future immigrants in our country by promoting a change within the court’s themselves to acknowledge those rights.

 

In addition to the legal system measures, the Portuguese government has unveiled a new action plan for migrants, signalling an all-encompassing approach towards immigration. The plan not only focuses on regulating immigration procedures but also emphasises the integration of migrants and the attraction of foreign talent. This highlights Portugal's comprehensive and progressive vision for immigration, which acknowledges the valuable contributions of diverse perspectives in fostering scientific, economic, and technological advancements within the country.


If you require assistance with your immigration process and procedures in Portugal, please do not hesitate to contact us. Our dedicated team is ready to provide you with the support you need.

by Joana Loureiro Veríssimo 28 July 2025
Joana Loureiro Veríssimo | Lawyer
24 July 2025
A new National Unit for Foreigners and Borders (UNEF) has been created within the Public Security Police (PSP), taking over key responsibilities from the former SEF. UNEF will handle airport border control, visa issuance, foreign nationals oversight, and related operations.
by Danielle Avidago 18 July 2025
Danielle Avidago | Immigration Consultant
Short-term leases are lawful in Portugal if legal and factual rules are observed.
by Tomás Melo Ribeiro 17 July 2025
Due to stricter AL rules in urban Portugal, many owners now turn to short-term residential leases to earn legal rental income outside tourist accommodation laws.
On 16 July 2025, the Portuguese Parliament approved major changes to immigration law
16 July 2025
On 16 July 2025, the Portuguese Parliament approved major changes to the legal framework governing immigration (Law no. 23/2007). The reform ends the manifestação de interesse mechanism, tightens rules for job-seeker visas and family reunification, and sets a final deadline for transitional applications.
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.
Get a residence permit in Portugal via the EU Blue Card for skilled professionals.
by Sara Sbai Oliveira 11 July 2025
Law No. 53/2023 transposes the EU Blue Card Directive into Portuguese law, improving conditions for highly skilled non-EU nationals to live and work in the EU.
Portuguese law offers remedies, but claiming them requires legal and procedural know-how.
by Margarida Tempera 8 July 2025
Hiring a contractor in Portugal should be simple, but unmet terms can lead to financial loss and legal issues, especially for clients unfamiliar with local rules.
When an individual considers securing European citizenship, one country often stands out: Portugal.
by Danielle Avidago 7 July 2025
Portuguese nationality law requires more than just having a Portuguese spouse or grandparent—it also demands proof of a meaningful connection to Portuguese society.
More posts