Portugal Article 92 Residence Permit for Vocational Students (FAQ)

 𝐏𝐨𝐫𝐭𝐮𝐠𝐮𝐞𝐬𝐞 𝐑𝐞𝐬𝐢𝐝𝐞𝐧𝐜𝐲 𝐏𝐞𝐫𝐦𝐢𝐭 𝐀𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐑𝐞𝐣𝐞𝐜𝐭𝐞𝐝 & 𝐑𝐢𝐠𝐡𝐭 𝐨𝐟 𝐀𝐩𝐩𝐞𝐚𝐥

𝐀𝐫𝐭𝐢𝐜𝐥𝐞𝐬 𝐘𝐨𝐮 𝐂𝐚𝐧 𝐔𝐬𝐞 𝐭𝐨 𝐃𝐞𝐟𝐞𝐧𝐝 𝐘𝐨𝐮𝐫𝐬𝐞𝐥𝐟

If you want to appeal this decision, consider referencing the following Portuguese laws and codes:

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟖𝟖(𝟐), Law 23/2007, governs residence permits based on an expression of interest. You may argue your social and economic integration under this article.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟑𝟑 𝐚𝐧𝐝 𝟑𝟑-𝐀 of Law 23/2007 deals with entry bans and exceptions. You can argue for humanitarian, family unity, or integration reasons.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟕𝟕(𝟐), 𝐋𝐚𝐰 𝟐𝟑/𝟐𝟎𝟎𝟕 – This allows exceptions for solid humanitarian or integration reasons. You can reference your 3–4 years of stay and social contributions.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟑𝟖, 𝐋𝐚𝐰 𝟐𝟑/𝟐𝟎𝟎𝟕 – Sets the 20-day deadline for voluntary departure (which you can request to extend due to your situation).

𝐀𝐫𝐭𝐢𝐜𝐥𝐞𝐬 𝟏𝟐𝟏 𝐚𝐧𝐝 𝟏𝟐𝟐 of the CPA (Código do Procedimento Administrativo) govern appeals against administrative acts.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞𝐬 𝟒𝟔, 𝟓𝟖, and 16 of the CPTA (Código de Processo nos Tribunais Administrativos) – Governs administrative court procedures.

𝐖𝐡𝐚𝐭 𝐀𝐜𝐭𝐢𝐨𝐧 𝐘𝐨𝐮 𝐒𝐡𝐨𝐮𝐥𝐝 𝐓𝐚𝐤𝐞

𝐅𝐢𝐥𝐞 𝐚𝐧 𝐀𝐝𝐦𝐢𝐧𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐯𝐞 𝐀𝐩𝐩𝐞𝐚𝐥:

Within 3 months from the decision date, file an appeal to AIMA or the Administrative Court, referencing the laws above.

Justify Integration & Public Interest:

Attach:

Evidence of social security payments

Work history or job contract

Proof of residence and stability in Portugal

Any family ties or community involvement

Argue against SIS alert relevance:

You can state:

The return decision was issued after your stay in Portugal began

You're not a security threat

.

You have a life established here

𝐎𝐩𝐭𝐢𝐨𝐧𝐚𝐥: 𝐒𝐞𝐞𝐤 𝐋𝐞𝐠𝐚𝐥 𝐂𝐨𝐮𝐧𝐬𝐞𝐥:

A Portuguese immigration lawyer can help you build the strongest case to challenge the SIS alert or raise constitutional issues (right to family, integration, etc.).

Article 33 and 33-A, Law 23/2007 – These deal with entry bans and exceptions. You can argue for humanitarian, family unity, or integration reasons.

More about the law

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟑𝟑 – 𝐁𝐚𝐧 𝐨𝐧 𝐄𝐧𝐭𝐫𝐲 𝐢𝐧𝐭𝐨 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐓𝐞𝐫𝐫𝐢𝐭𝐨𝐫𝐲

This article allows the Portuguese authorities (AIMA previously) to issue or respect entry bans into Portugal or the Schengen Area when a person:

Has been expelled or removed from Portugal;

Is flagged in the Schengen Information System (SIS) by another country to refuse entry;

Poses a threat to public order, safety, national security, or international relations.

But the law also provides exceptions:

Authorities may not enforce the entry ban in the following exceptional cases:

For serious humanitarian reasons (e.g., medical needs, family crises);

When it is necessary to protect the right to family unity;

When the individual shows strong integration into Portuguese society (e.g., long-term stay, work, contributions);

Or when there are significant public interest considerations.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟑𝟑-𝐀 – Non-application of Entry Ban in Exceptional Cases

This article expands the exceptions listed above.

It states that the entry ban will not apply even if a person is listed in SIS if there are justified reasons, such as:

Humanitarian grounds

Family reasons (e.g., having a spouse or children legally residing in Portugal)

Other overriding considerations (e.g., employment, contribution to society, education)

Just so you know, authorities must weigh your situation individually and decide if they decide to apply or waive the entry ban.

How You Can Use Articles 33 and 33-A in Your Appeal

You can argue that:

You have been living in Portugal for 3–4 years continuously.

You have paid social security contributions regularly.

You may have family or community ties here.

You are not a danger to national security or public order.

Your integration shows public interest value under Article 33-A.