Received a Notification to Leave Portugal? Here’s What to Do Next

Javier Mateo | Lawyer

Over the past months, an increasing number of foreign residents in Portugal have received notifications from AIMA (Agência para a Integração, Migrações e Asilo) requiring them to leave the country within a short period of time. These notifications may come as a surprise, especially for those awaiting a residence renewal or still in the process of regularisation. Understanding what this notice means and how to respond is crucial to avoid serious legal consequences and to preserve your ability to return to Portugal in the future.

European Normative Framework

As with most immigration matters, it is essential to understand the European framework that shapes the Portuguese regime. The cornerstone is Directive 2008/115/CE (the Return Directive), which sets EU-wide standards for the return of third-country nationals staying irregularly in Member States. It requires that, whenever possible, individuals be given the chance to depart voluntarily within a set period, while safeguarding fundamental rights, including family life and children’s rights.

Portugal implemented these principles through Law no. 23/2007, which governs the entry, stay, exit, and removal of foreign nationals. This law reflects the European emphasis on voluntary departure, allowing individuals to regularise their situation before coercive measures are applied. Understanding how this mechanism works, and how to respond to a notification, is essential to protecting one’s legal status and future opportunities.

The Portuguese Normative Framework

Article 138 of Law no. 23/2007 governs the procedure for voluntary departure from Portuguese territory. It provides that a foreign national who has entered or remained in Portugal irregularly, or whose residence permit has been cancelled, may be notified to leave voluntarily within a period of 10 to 20 days. The competent authority, usually the Agência para a Integração, Migrações e Asilo (AIMA, I.P.), or in some cases the police, determines the exact timeframe.

This period may be extended if justified by personal circumstances. For example, having children enrolled in school, strong family or social ties in Portugal, or other humanitarian reasons can support a request for more time. Conversely, where there is a risk of flight, evidence of fraud, or a threat to public order or national security, the authority may order immediate departure. In such cases, the foreign national must leave by the first available and appropriate means of travel.

The law provides that the notification must be made in writing, indicating the legal basis and the date from which the period for voluntary departure starts to run. If the foreign national has ongoing legal proceedings, such as an appeal or renewal request with suspensive effect, the departure deadline may be suspended until the matter is resolved.

Why Complying with a Voluntary Departure Order Matters

A fundamental but often overlooked aspect of Article 138 is that voluntary compliance prevents the imposition of an entry ban. In other words, if you leave Portugal within the timeframe indicated in the notification, your departure is considered lawful and does not trigger any prohibition on re-entry into Portugal or other Schengen States.

This distinction is critical. Failure to comply with the voluntary departure order may lead to coercive removal under Article 145 of the same law, which can carry an entry ban of up to five years. Such a ban can severely restrict future mobility, including applications for short-stay visas, family reunification, or residence permits.

By contrast, complying voluntarily protects your record and your ability to travel or return legally in the future. For anyone who may wish to come back to Portugal, whether for work, study, or family reasons, voluntary departure is the best way to safeguard future opportunities.

What to Do if You Receive a Notification

If you receive a notification to leave Portugal voluntarily, the first step is to read it carefully. Identify the deadline given and confirm whether your case refers to voluntary departure or immediate departure. The notice should indicate the legal basis, the competent authority, and the starting date of the departure period.

Next, review your current legal status. Confirm whether your residence permit has been cancelled, expired, or whether you have overstayed your visa. Each scenario may have slightly different procedural implications. If there are ongoing legal proceedings, for instance, an appeal or a renewal request pending, seek clarification immediately before making any travel decisions.

If you believe there are legitimate grounds for an extension of the departure deadline, you can request it. The law explicitly allows for flexibility where family, humanitarian, or social circumstances justify it. Such requests should be supported by documents, such as school certificates for children, medical reports, or proof of cohabitation or family dependency.

It is also important to plan your departure logistics. You must leave the country within the established time limit, using an appropriate and verifiable means of transport. Keep travel receipts, boarding passes, and any communication with the authorities as evidence of compliance. These records may later be essential to confirm that your departure was voluntary.

Whenever possible, seek legal assistance early. A lawyer specialised in immigration law can review the notification, verify its validity, and advise whether an extension or challenge is appropriate. Legal counsel can also ensure that all procedural safeguards are respected, particularly if the order appears disproportionate or if there are family or humanitarian factors that merit reconsideration.

Above all, do not ignore the notification. Inaction can result in coercive removal and, as a consequence, a long-term prohibition on entry into Portuguese or Schengen territory. Acting within the legal timeframe not only prevents this outcome but also demonstrates cooperation and good faith, critical factors if you later apply for a new visa or residence permit.

Practical Considerations

Voluntary departure should not be viewed as a definitive break with Portugal. On the contrary, it often represents the most prudent legal path, allowing you to preserve your ability to return lawfully in the future. Once you have left, you may later apply for a short-stay visa or another residence permit without the procedural barriers that accompany coercive removals.

Make sure your departure is properly registered at the border, as this official record will confirm compliance and prevent future misunderstandings. Keep a personal file containing the notification, your extension requests if any, and proof of travel. Such documentation may be crucial if immigration authorities later need to verify that your previous exit was voluntary and lawful.

Receiving a notification to leave Portuguese territory can be unsettling, but it is also an opportunity to regularise your situation in a way that preserves your rights. Voluntary departure under Article 138 is not a sanction, it is a chance to leave on your own terms, avoid an entry ban, and keep open the possibility of future return.

By acting promptly, seeking appropriate legal advice, and complying within the legal deadline, you ensure that your record remains clean and your mobility intact. For anyone who may wish to return to Portugal one day, voluntary compliance is the safest and smartest way back.

If you have received such a notification and require individualised legal advice regarding your options, the LVP Advogados team is available to assist. Contact us for tailored guidance on your case and support in protecting your rights under Portuguese immigration law