Keynotes
- As of April 28, 2025, the Portuguese Agency for Integration, Migration and Asylum (AIMA) will only accept residence applications that are fully complete.
- Immigrants with fewer resources or limited Portuguese proficiency are expected to be the most affected.
- Experts argue that AIMA’s new rules may conflict with the Code of Administrative Procedure (CPA).
Stricter Rules for Residence Applications Announced
The Agency for Integration, Migration and Asylum (AIMA) has announced significant changes to the procedures for residence authorization and renewal applications in Portugal.
Starting April 28, 2025, applications made under the Foreigners Law will only be accepted if all legally required documents are present at the time of submission as reported by publico.pt
AIMA emphasized in its statement that applications must be “complete, with all the elements required under Law No. 23/2007, of July 4”. Any request missing documentation will be rejected on the spot, and applicants will have to restart the process from the end of the queue.
Current Practice vs New Requirements
Under the current framework, the Code of Administrative Procedure (CPA) allows applicants 10 business days to rectify missing documents after submitting their applications. AIMA’s new approach would bypass this grace period, placing an immediate burden on immigrants to ensure complete applications from the outset.
Aspect | Current Practice (CPA) | New AIMA Procedure |
Missing Documents | 10 days to correct deficiencies | Immediate rejection |
Applicant Rights | Notification and correction period | No opportunity for correction |
Impact on Application Process | Collaborative, flexible | Strict, rigid |
AIMA’s Recommendations for Applicants
In its official statement, AIMA strongly advises applicants to exercise “utmost care” in ensuring that their applications are complete when submitted. The agency underscores the importance of a well-prepared application for a swift and favorable decision.
“It is important to remember that a well-informed process in the initial phase is essential for a quick and rapid decision,” AIMA highlighted.
Legal and Ethical Concerns Raised
According to many immigration experts, the new rules violate fundamental administrative principles outlined in the CPA in the following sense:
- Article 77 of the CPA mandates that public authorities notify applicants of deficiencies and give them an opportunity to correct them.
- Article 121 reinforces the right to a prior hearing.
- Article 87 provides a minimum 10-day period to address missing information.
Furthermore, AIMA’s new procedure undermines principles of collaboration and good faith expected of public administration.
Conclusion
AIMA’s move to tighten application rules marks a major shift in Portugal’s immigration policy. While intended to streamline procedures, the decision raises serious legal and ethical questions about applicants’ rights and fair administrative practices.
Applicants are urged to seek professional advice and double-check their documentation to avoid unnecessary setbacks under the new regulations.