We are not a law firm. We are a technical consulting company that supports clients in understanding administrative procedures instead of legal representation.
๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ & ๐
๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐ – ๐๐๐๐๐๐๐๐๐ ๐๐๐
๐๐๐๐๐๐๐๐ ๐
๐๐ ๐๐๐๐๐๐๐๐๐๐
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).
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.
๐๐จ๐ฎ ๐ฆ๐๐ฒ ๐ซ๐๐ช๐ฎ๐๐ฌ๐ญ ๐๐ง ๐๐ฑ๐ญ๐๐ง๐ฌ๐ข๐จ๐ง ๐จ๐ ๐ญ๐ก๐ ๐๐๐๐๐ฅ๐ข๐ง๐, ๐๐ฌ๐ฉ๐๐๐ข๐๐ฅ๐ฅ๐ฒ ๐ข๐:
You have children in school.
You have long-term residence or social ties in Portugal.
You are experiencing humanitarian difficulties.
๐๐๐ง๐ ๐๐ฑ๐ญ๐๐ง๐ฌ๐ข๐จ๐ง ๐ซ๐๐ช๐ฎ๐๐ฌ๐ญ๐ฌ ๐๐ง๐ ๐ฌ๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ๐ข๐ง๐ ๐๐จ๐๐ฎ๐ฆ๐๐ง๐ญ๐ฌ ๐ญ๐จ:
๐๐ฆ๐๐ข๐ฅ ๐๐ฅ๐๐ ๐๐๐จ๐๐ฌ.๐ง๐๐ฏ@๐๐ข๐ฆ๐.๐ ๐จ๐ฏ.๐ฉ๐ญ ๐จ๐ซ ๐ฏ๐ข๐ฌ๐ข๐ญ ๐๐ง ๐๐๐๐ ๐๐ญ๐จ๐ซ๐.
๐๐๐๐๐๐ ๐๐๐๐๐๐๐ – ๐๐๐๐๐๐๐๐ ๐๐๐ & ๐๐๐ ๐๐๐
Under the Administrative Procedure Code (CPA) and Administrative Courts Code (CPTA), you may be able to appeal the rejection within 3 months.
I๐๐ฆ๐ฉ๐จ๐ซ๐ญ๐๐ง๐ญ: 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).
๐
๐๐๐๐๐ ๐๐๐๐๐๐๐ – ๐๐๐๐๐๐๐ ๐๐๐
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.
๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐:
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
๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐๐๐๐๐๐
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
Comments
Post a Comment