It is widely recognised that the Portuguese Immigration Service (AIMA) has consistently failed to process residency permit applications within the legally required timeframe, leaving applicants in limbo for months or even years.
One potential solution to address this inaction is to initiate a legal process known as an Intimation for the Protection of Citizens’ Rights, Freedoms, and Guarantees.
This urgent legal recourse, based on the violation of constitutional rights, may offer a faster route to obtaining a response from AIMA and ultimately securing a residency permit.
As an urgent procedure, this type of legal action takes precedence over non-urgent cases. Once the court accepts the intimation, AIMA is legally required to provide a written response within seven working days, and the court must issue its decision within a maximum of five working days after all necessary steps for reaching a decision have been completed.
In summary, filing this legal action against the Immigration Agency could help residency applicants secure the long-awaited authorisation to live in Portugal.
Portuguese courts have already handed down several rulings acknowledging AIMA’s repeated failure to meet legal requirements and deadlines, reaffirming the State’s obligations in these matters.
We are available to clarify any questions you may have regarding the Intimation for the Protection of Rights, Freedoms, and Guarantees.
Author: Rafael Galhano de Almeida