Action Against AIMA

Legal action is not a way to speed up an application that is still within the deadline. It becomes an option when AIMA (Agency for Integration, Migration and Asylum) lets the legal deadline pass without deciding, or when it rejects the application. The most frequent situations are:

• Stalled grant application: a residence permit applied for on the basis of a residence visa, with no decision within the legal deadline. See the page on the residence permit.
• Renewal with no response: a renewal application submitted and paid for, with no decision, and the receipt about to lose its practical usefulness for working, traveling or handling other matters.
• No appointment: when the procedure depends on an in-person appointment (for example, to collect biometric data) and the booking never happens. Here it is important to put on record, in writing, the request addressed to AIMA, because an action to compel generally presupposes an application that obliges the authority to decide (Article 67(1) of the Code of Procedure in Administrative Courts (Código de Processo nos Tribunais Administrativos, CPTA)).
• Older expression of interest cases: this route was repealed by Decree-Law 37-A/2024 (Decreto-Lei), but procedures started up to June 3, 2024 and certain situations with Social Security registration and contributions before that date remain governed by the previous law (Article 3, as worded by Law 40/2024; AIMA's clarification on the transitional regime). Many of these applications are still pending.
• Delayed family reunification: an application to bring over or regularize a spouse and children with no decision within the deadline. See the page on the D6 visa and family reunification.
• Rejection: there is no omission, but an express decision, with its own deadline for challenging it (see below).

For a more detailed explanation of the three judicial remedies and practical scenarios, read the full guide on actions against AIMA.

Failure to issue a final decision within the legal deadline constitutes a breach of the duty to decide and allows the applicant to use the appropriate administrative and judicial remedies (Article 129 of the Code of Administrative Procedure (Código do Procedimento Administrativo, CPA)). The first step is therefore to identify which deadline applies.

• Grant of a residence permit: 90 days, extendable by 30 days in exceptional and justified circumstances, with notice to the applicant (Article 82(5) of Law 23/2007, as worded by Law 62/2026).
• Renewal: 60 days (Article 82(6)). The receipt for the renewal application has the same effects as the residence card for 60 days, a period that is renewable (Article 78(7)).
• Family reunification: nine months, which may be extended for an equal period in exceptional circumstances related to the complexity of the application, under Article 105 of the Foreigners Act (Lei de Estrangeiros), as worded by Law 61/2025.
• General rule of the CPA: where the special law sets no other deadline, procedures initiated by private parties must be decided within 60 days, extendable in exceptional, substantiated circumstances up to a maximum of 90 days. The deadline runs from the filing of the application with any entity competent to receive it (Article 128(1) and (3) of the CPA).

Keep the receipt showing the submission date: the decision deadline runs from that date and, after it, so does the deadline for legal action. There are no official AIMA statistics on the average decision time by type of application; each case must be monitored individually.

1. Administrative action to compel a decision (ação administrativa de condenação à prática de ato devido)

This is the proper remedy to ask the court to order AIMA to perform, within a set period, the act that was unlawfully omitted or refused (Articles 66 and 67 of the CPTA). The deadlines for bringing the action are:

• in the event of silence, one year from the end of the legal deadline for a decision (Article 69(1));
• in the event of rejection, generally three months (Articles 69(2) and 58(1)(b)).

2. Interim (precautionary) measure (providência cautelar)

It may be requested before or during the main action (Articles 112 and 113 of the CPTA). It is granted when there is a well-founded fear of a fait accompli or of harm that is difficult to repair and it is likely that the main action will succeed, after weighing the public and private interests involved (Article 120). In situations of special urgency, the judge may grant it provisionally in the preliminary order, within 48 hours (Article 131).

3. Summary injunction to protect rights, freedoms and guarantees

It applies when a swift decision on the merits is indispensable to ensure, in good time, the exercise of one of the rights, freedoms and guarantees, because an interim measure is not possible or sufficient (Article 109(1) of the CPTA). It is an urgent proceeding that runs even during court vacations (Article 36). The law provides for a preliminary order within 48 hours, AIMA's response within seven days (Article 110(1)) and a decision within the time needed to preserve its practical effect, up to five days after the necessary steps have been taken (Article 111(1)). If the judge considers that an interim measure is sufficient, a deadline is set to replace the petition (Article 110-A). Non-compliance with the injunction may lead to a periodic penalty payment (Article 111(4)).

These are the time limits provided for by law. The actual time depends on the court, the complexity of the case and the steps required.

Law 61/2025 added Article 87-B to the Foreigners Act, on judicial protection against AIMA's decisions and omissions in residence matters:

• actions take the form of an administrative action, without prejudice to interim relief under the general rules (paragraph 1);
• the injunction is only admissible when, in addition to the requirements of Article 109(1) of the CPTA, AIMA's action or omission compromises, in a demonstrably serious and direct manner, the timely exercise of personal rights, freedoms and guarantees that interim measures cannot effectively protect (paragraph 2);
• if so requested, the judge weighs the number of procedures pending at AIMA, any abnormal pressure of applications, the resources available and the equal treatment of other applicants (paragraph 3).

These rules apply to court proceedings started after the law entered into force, on October 23, 2025 (Articles 8 and 9 of Law 61/2025). In practice, delay alone is no longer enough for an injunction: you must show with documents which personal right is affected, why the harm is serious and direct, and why an interim measure would not solve it. In other cases, the path is the administrative action, with or without an interim measure.

Article 87-B does not apply to citizenship proceedings before the IRN. For delays in citizenship cases, see the page on urgency in the citizenship process. For practical scenarios and the most common mistakes, read the full guide.

• Court: at first instance, jurisdiction lies with the administrative circuit courts (tribunais administrativos de círculo) (Article 44 of the Statute of Administrative and Tax Courts (Estatuto dos Tribunais Administrativos e Fiscais, ETAF)). Where the court is divided into specialized divisions, the action generally goes to the general administrative division (Article 44-A(1)(a)).
• Which one: the general rule is the court for the area of the claimant's habitual residence (Article 16 of the CPTA); interim measures are decided by the court competent for the main case (Article 20(6)); the injunction is filed with the court for the area where the conduct or omission sought is to take place (Article 20(5)).
• Examples: those living in Albufeira, Faro or Portimão fall within the area of the court seated in Loulé; those living in Lisbon, Loures or Odivelas, within that of the Lisbon court (map annexed to Decree-Law 325/2003 (Decreto-Lei)).
• Lawyer required: in the administrative courts, representation by a lawyer is mandatory (Article 11(1) of the CPTA). The power of attorney must be granted to a lawyer admitted to the Portuguese Bar Association.

Those who are still in Brazil, or who travel frequently, can follow the action remotely: the power of attorney, documents and evidence are handled with the lawyer, who acts directly before the Portuguese court.

• receipt for the application submitted to AIMA, with the submission date and the case number;
• proof of payment of the fees and all communications received from AIMA (emails, notifications, requests for documents);
• passport, residence visa, residence card or renewal receipt;
• a record of attempts to book an appointment and to make contact, with dates: screenshots, emails sent, complaint reference numbers;
• proof of the concrete harm, depending on the case: employment contract or job offer, employer's statement, medical records, school enrollment, purchased tickets, birth or marriage certificates of family members;
• in older expression of interest cases: proof of Social Security registration and contributions before June 3, 2024;
• in family reunification: documents of the family members and proof of the relationship and of cohabitation or dependency.

After Law 61/2025, proof of harm is the central point of any urgent request. Brazilian documents may need an apostille; the lawyer will indicate which ones in each case.

Court costs

All proceedings are subject to court costs, which include the court fee, expenses and party costs (Articles 1 and 3 of the Court Costs Regulations (Regulamento das Custas Processuais)). The court fee is set according to the value and complexity of the case (Article 6), and an interim measure may be charged as a separate proceeding (Article 1(2)). The amounts depend on each action and are indicated in the case review.

Legal aid

Foreign nationals holding a valid residence card in a Member State of the European Union who demonstrate insufficient financial means are entitled to legal protection; those without a valid card are entitled to the extent that their country grants it to Portuguese citizens (Article 7 of Law 34/2004). Legal aid (apoio judiciário) may include exemption from, or payment in installments of, the court fee and the appointment of a lawyer (Article 16), and is requested from the Social Security services (Article 22).

Risks and limits

• The action asks for AIMA to be ordered to decide; the content of the decision depends on whether the application meets the legal requirements.
• An injunction filed without proof of serious and direct harm may be converted into an interim measure or not be admitted (Article 110-A of the CPTA; Article 87-B of the Foreigners Act).
• Missing the one-year deadline (silence) or the three-month deadline (rejection) may bar the action.
• The decision on the case and on costs always rests with the court.

• Complaint against omission: the applicant may respond to the omission by requesting that the act be issued (Article 184(1)(b) of the CPA), through a complaint addressed to the author of the omission (Article 191(1)), which may be filed within one year (Article 187). The deadline to decide the complaint is 30 days (Article 192(2)). It puts the request for a decision on record and may be filed while the action is pending or before it.
• Complaints Book: public services must make the Complaints Book (Livro de Reclamações) and its electronic platform available, and respond within 15 days (Article 38 of Decree-Law 135/99 (Decreto-Lei), as worded by Decree-Law 74/2017). It serves to record a complaint about the service, but does not in itself require a decision on the application.
• Ombudsman (Provedor de Justiça): receives complaints from citizens, regardless of deadlines, submitted in writing or orally (Articles 24 and 25 of Law 9/91), and acts through informal means. The Ombudsman cannot annul or modify acts, and its intervention does not suspend the deadlines for judicial appeal (Article 22(1)).

These remedies do not replace the action when the judicial deadline is running. The choice depends on the dates and the concrete harm in each case.

Sene & Araújo has lawyers in São Paulo and Albufeira, admitted to the OAB and to the Portuguese Bar Association (Ordem dos Advogados), who act directly in the administrative courts of Portugal, without intermediaries.

1. Assessment: type of application, submission date, applicable legal deadline, communications from AIMA and the deadline for the action.
2. Choice of remedy: complaint, administrative action, interim measure or injunction, with an assessment of the requirements of Article 87-B and of the proof of harm.
3. Preparation: organizing the documents, the power of attorney and, where applicable, the legal aid application.
4. Proceedings: petition to the competent administrative circuit court, follow-up of the responses and procedural steps, and updates on each stage.
5. After the judgment: monitoring AIMA's compliance and the next steps, such as issuance of the residence card, renewal or family reunification.

The decision always rests with the court and with AIMA. Our role is to choose the appropriate remedy, meet the deadlines and present the grounds and the evidence. Send us your case for an initial review.