Delayed AIMA Process: How Court Injunctions Work in Administrative Courts

Thousands of foreign citizens and international families living in Portugal face severe uncertainty due to widespread delays and the complete absence of biometric appointments at AIMA (Agency for Integration, Migration and Asylum), the government agency that replaced the former SEF.

This administrative backlog severely impacts those awaiting initial granting of their residence permits, individuals with expired residence cards seeking mandatory renewals, and families waiting indefinitely for family reunification approvals. When informal channels fail to produce an appointment or decision, turning to a licensed immigration lawyer in Portugal to initiate judicial action is the most effective legal remedy.

Statutory Deadlines AIMA Must Comply With

Under the Portuguese Code of Administrative Procedure (CPA) and the Portuguese Foreigners Act (Law no. 23/2007), public administration bodies are bound by statutory duty to issue decisions on formal applications within reasonable deadlines (typically between 90 and 180 days, depending on the permit category).

When months or years elapse without an appointment slot or decision, an unlawful administrative omission occurs. This leaves foreign residents vulnerable: unable to leave and re-enter Portugal freely, struggling to renew employment contracts, facing bank account restrictions, and hindered from accessing key public services.

How Does Court Action Against AIMA Proceed?

Initiating an injunction requires representation by an attorney registered with the Portuguese Bar Association and proceeds through structured steps:

1. Pre-Litigation File Review: The attorney conducts a full audit of your application to verify that all statutory deadlines have expired and all required documentation (valid employment, tax compliance, clean criminal record, proof of accommodation) meets statutory criteria;
2. Formal Legal Demand: Issuing formal registered legal notices to AIMA demanding an immediate appointment or decision within a brief deadline;
3. Filing at the Administrative Court (TAC): Lodging the lawsuit demonstrating urgent infringement of fundamental constitutional rights (right to personal identity, legal certainty, family unity, and freedom of movement);
4. Court Order and Mandatory Compliance: The Court orders AIMA to present its defense within an abbreviated timeframe. In the absence of lawful justification, the judge issues a binding ruling ordering AIMA to schedule biometric capture and issue the residency card within a specified timeframe.

When Does This Judicial Procedure Apply?

• Delayed AIMA Applications without Appointment: Applicants waiting for months after online submission without biometric booking slots;
• Blocked Family Reunification: Spouses and minor children unable to join their family member legally resident in Portugal;
• Expired Residence Cards: Residents whose cards have expired and face international travel barriers or bank freezes;
• Expired Residency Visas: Holders of D8 (Digital Nomad), D7 (Passive Income), or D2 visas who entered Portugal legally and cannot access mandatory AIMA appointment slots.