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What is the validity of visas following Decree-Law no. 41-A/2024?

Under Decree-Law no. 41-A/2024, visas and residence permits in Portugal are now valid until June 30, 2025, addressing the urgent need for clarity amid recent administrative challenges. This extension is particularly crucial for foreign residents coping with delays caused by the disbandment of SEF and the fallout from the COVID-19 pandemic. If your residence permit was due to expire before the decree's enactment, it remains valid under the same conditions until the new deadline. Furthermore, the provisions include that documents will be accepted post-June 2025, provided proof of renewal scheduling is presented. This flexibility aims to alleviate stress for residents and encourage them to maintain compliance with immigration laws. The government is taking significant steps to improve service efficiency, reflecting its commitment to the international community in Portugal. Interested individuals should stay aware of updates from the Agency for Immigration, Migration and Asylum (AIMA), as they have recently faced an influx of requests and are working to enhance their processes. Foreigners residing in Portugal can breathe easier knowing there is new legislation supporting their residency status. Make sure you keep all correspondence and documents in order, especially when making appointments for paperwork. It’s wise to seek assistance to navigate these changes proficiently. Stay informed and proactive about your visa or residence permit status to avoid inconveniences. Contact an immigration lawyer or consultant to ensure you're up-to-date with your obligations!

Thursday, 18 July 2024 - News
What is the validity of visas following Decree-Law no. 41-A/2024?

Several factors have contributed to these delays:

  • The prolonged and disorganized process of abolishing the Foreigners and Borders Service (SEF);
  • The effects of the COVID-19 pandemic, which initially slowed down administrative processes;
  • More recently, the inability of the Agency for Immigration, Migration and Asylum (AIMA) to effectively manage and control the increase in the volume of pending cases.

Given this context, and due to the particular inability to currently guarantee an adequate mechanism for the renewal of Residence Permits, the Portuguese Government, on June 25, 2024, approved the extension of the validity of the aforementioned documents for another year. In accordance with the government decision, on June 28, 2024, Decree-Law no. 41-A/2024, came into force, a diploma that appears with the aim of alleviating the current administrative burden and guaranteeing time for migration services so that they can be reorganized, improving their efficiency in handling requests from foreign citizens.

 

Main Provisions of Decree-Law no. 41-A/2024 – regarding the amendment of article 16 of Decree-Law no. 10-A/2020, of March 13:

  • Validity extension until June 30, 2025:

"Documents and visas relating to stay in national territory, which validity expires from the date of entry into force of this decree-law or in the 15 days immediately preceding, are accepted, under the same terms, until June 30, 2025."

  • Provisions for after June 30, 2025:

Furthermore, as previously decreed, the extension includes the possibility that "The documents referred to in the previous paragraph continue to be accepted, under the same terms, after June 30, 2025, as long as their holder provides proof that they have already carried out the scheduling of the
respective renewal.".

 

Mariana Antunes Silva
Lawyer at Martínez-Echevarría & Ferreira

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