The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
This week’s question comes from a reader who has lived in Portugal for several years and asks how he should act when faced with the indication of ‘lack of information in the Schengen Area’ in his CPLP residence process
Lawyer André Lima responds
In the last week of the year, email inboxes continue to receive anxiety-filled messages. The question that arrived this week at DN Brasil is no exception. It is, in fact, the faithful portrait of thousands of Brazilians and other immigrants in Portugal who have been waiting, for months or years, for a decision from AIMA on their residence permit processes, especially through the CPLP.
The reader reports a situation that is repeated all too often: interview carried out, fees paid, documents delivered, deadlines indicated by the Administration itself… and then, the void. When any communication appears, it comes in the form of a threat of rejection, often with unclear reasons or requests for documents that were already included in the process.
The result is a distressing legal limbo, where no one knows exactly what is missing, what to correct or how much longer they will have to wait.
This is where a legal concept comes in that many are unaware of, but which gains special relevance at this time of year: tacit approval.
Portuguese law does not allow the Administration to remain silent indefinitely. When the interested party fulfills all legal duties and the public entity does not decide within the deadline, the law itself transforms the State’s inertia into a decision favorable to the individual. In the case of renewal of the residence permit, after 60 working days have passed after payment of the fees without an express decision, the request is considered tacitly granted. For the first issue, the deadline is 90 working days.
This mechanism is neither a “shortcut” nor a favor. It is a direct consequence of the duty of good administration, legal certainty and the protection of legitimate expectations. The immigrant cannot be penalized because the system does not work.
In practice, however, what we see are processes that far exceed these deadlines, some lasting more than a year, without any concrete response. And the consequences are not abstract. Without a valid title, the person cannot travel, study, renew contracts, change jobs or simply live peacefully. Dreams end up being suspended indefinitely.
How to notify AIMA correctly?
Before any legal action, there is an essential step that must be completed: formal notification from AIMA. This communication serves two central objectives. Demonstrate the good faith of the applicant and constitute proof that the Administration was called upon to decide and remained inactive.
The notification must be made, preferably, in two cumulative ways.
First, by registered letter with acknowledgment of receipt, addressed to AIMA headquarters. This letter must include the full identification of the applicant, the case number, the date of the request, a reference to the payment of fees and the express reference to the expiry of the legal deadline.
Second, by institutional email, sent to the official AIMA address (geral@aima.gov.pt), with a request for confirmation of receipt. All relevant proof must be attached, such as payment receipt, proof of attendance at the interview and, if applicable, previous communications from AIMA itself.
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This dual approach reinforces the documentary evidence and reduces the risk of future allegations of lack of knowledge on the part of the Administration.
What legal grounds should I invoke?
The notification should not be generic or emotional. It must be objective and legally substantiated. At the office, we use a simple, direct and effective model, which can be adapted to the specific situation of each applicant:
“Under the terms and for the purposes of article 82 of the Code of Administrative Procedure, I hereby request the issuance of a certificate of the administrative process relating to the request for granting a residence permit, presented in [data de entrada do processo].
Furthermore, under the terms of article 82, no. 7 of Law no. 23/2007, the tacit issuance of the residence permit is required, considering the expiry of the legal period of 90 days without an express decision on the part of that Agency.”
This requirement fulfills two relevant functions. On the one hand, it formally requests the process certificate, an essential document for any next step. On the other hand, it expressly invokes tacit approval, making it clear that the legal deadline has been exceeded and that the right has already been consolidated.
What if AIMA remains silent?
If, even after formal notification, AIMA does not respond, legal action is legitimately opened. Administrative courts are competent to recognize tacit approval and determine the performance of the appropriate act, including the issuance of the residence permit.
It is important to emphasize that going to court is neither an exaggeration nor an affront. It is the normal exercise of a right when the Administration fails. The legal system exists precisely to correct these imbalances.
At the end of the year, for those waiting for an answer that never arrives, information is power. Knowing the deadlines, the legal basis and the correct way to act can mean the difference between continuing to wait indefinitely or finally unblocking a process that should have already been resolved.