𝐏𝐎𝐑𝐓𝐔𝐆𝐀𝐋 𝐕𝐎𝐋𝐔𝐍𝐓𝐀𝐑𝐘 𝐃𝐄𝐏𝐀𝐑𝐓𝐔𝐑𝐄 & 𝐅𝐎𝐑𝐂𝐄𝐃 𝐑𝐄𝐌𝐎𝐕𝐀𝐋 𝐈𝐍 𝐏𝐎𝐑𝐓𝐔𝐆𝐀𝐋 – 𝐈𝐌𝐏𝐎𝐑𝐓𝐀𝐍𝐓 𝐈𝐍𝐅𝐎𝐑𝐌𝐀𝐓𝐈𝐎𝐍 𝐅𝐎𝐑 𝐈𝐌𝐌𝐈𝐆𝐑𝐀𝐍𝐓𝐒

Receiving a residence permit rejection can be worrying. If this happens, it’s crucial to understand your rights, obligations, and available options under Portuguese immigration law (Law no. 23/2007).

𝐕𝐎𝐋𝐔𝐍𝐓𝐀𝐑𝐘 𝐃𝐄𝐏𝐀𝐑𝐓𝐔𝐑𝐄 – 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 𝟏𝟑𝟖

If your application is rejected, AIMA may issue a notice under Article 138 requesting that you voluntarily leave Portugal within 20 days. AIMA can extend the period mentioned in the preceding paragraphs when considering specific circumstances, such as the length of stay.

𝐘𝐨𝐮 𝐦𝐚𝐲 𝐫𝐞𝐪𝐮𝐞𝐬𝐭 𝐚𝐧 𝐞𝐱𝐭𝐞𝐧𝐬𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞, 𝐞𝐬𝐩𝐞𝐜𝐢𝐚𝐥𝐥𝐲 𝐢𝐟:

You have children in school.

You have long-term residence or social ties in Portugal.

You are experiencing humanitarian difficulties.

𝐒𝐞𝐧𝐝 𝐞𝐱𝐭𝐞𝐧𝐬𝐢𝐨𝐧 𝐫𝐞𝐪𝐮𝐞𝐬𝐭𝐬 𝐚𝐧𝐝 𝐬𝐮𝐩𝐩𝐨𝐫𝐭𝐢𝐧𝐠 𝐝𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐭𝐨:

𝐄𝐦𝐚𝐢𝐥 𝐚𝐥𝐞𝐠𝐚𝐜𝐨𝐞𝐬.𝐧𝐚𝐯@𝐚𝐢𝐦𝐚.𝐠𝐨𝐯.𝐩𝐭 𝐨𝐫 𝐯𝐢𝐬𝐢𝐭 𝐚𝐧 𝐀𝐈𝐌𝐀 𝐒𝐭𝐨𝐫𝐞.

𝐀𝐏𝐏𝐄𝐀𝐋 𝐎𝐏𝐓𝐈𝐎𝐍𝐒 – 𝐀𝐑𝐓𝐈𝐂𝐋𝐄𝐒 𝟏𝟐𝟏 & 𝟏𝟐𝟐 𝐂𝐏𝐀

Under the Administrative Procedure Code (CPA) and Administrative Courts Code (CPTA), you may be able to appeal the rejection within 3 months.

I𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭: Submitting an appeal does not pause the 20-day deadline, unless a court intervenes. If your original stay was legal (e.g., you submitted an Expression of Interest under Article 88(2)): You may continue to stay in Portugal until a final decision on your appeal is made. This is because you are still under an open administrative process, and AIMA usually does not initiate removal unless all appeal rights have expired. However, the voluntary departure order (20 days) issued under Article 138 is still valid, unless: You request an extension of the deadline, or A court issues a suspensive effect (court order pausing the removal).

𝐅𝐎𝐑𝐂𝐄𝐃 𝐑𝐄𝐌𝐎𝐕𝐀𝐋 – 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 𝟏𝟑𝟕

AIMA may initiate coercive removal under Article 137 if you do not leave voluntarily. This includes:

Detention by security forces (as per Article 146)

Being escorted to the border

A ban on returning to Portugal/Schengen Area (up to 5 years)

This can occur if:

You are staying illegally (Article 181)

You are subject to a Schengen alert or return order.

You are considered a threat to public order.

𝐑𝐄𝐋𝐄𝐕𝐀𝐍𝐓 𝐀𝐑𝐓𝐈𝐂𝐋𝐄𝐒:

Article 88(2) – Expression of Interest

Article 138 – Voluntary Departure

Article 137 – Forced Removal

Articles 121 & 122 – Appeal Process

Article 146 – Detention Procedure

Article 181 – Illegal Stay

𝐈𝐎𝐌 𝐕𝐎𝐋𝐔𝐍𝐓𝐀𝐑𝐘 𝐑𝐄𝐓𝐔𝐑𝐍 𝐏𝐑𝐎𝐆𝐑𝐀𝐌

If you're not eligible to remain, the International Organisation for Migration (IOM) offers a safe and supported return to your home country. Email iomlisbon@iom.int