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Why has the processing of residence permits in Portugal been delayed?

The processing of residence permits in Portugal has faced significant delays due to a combination of factors including the transition away from the former Foreigners and Borders Service and the increase in pending applications post-COVID-19. The Portuguese government recognised these challenges and enacted Decree-Law no. 41-A/2024 to extend validity for certain documents until June 30, 2025, allowing additional time for immigration services to reorganise and improve efficiency. Many applicants are experiencing frustrations with timelines; hence this extension aims to relieve anxiety over permit expirations. Moreover, the Agency for Immigration, Migration and Asylum (AIMA) has been working diligently to manage this increased workload but is still experiencing struggles in processing times. To stay informed about your application status, it’s advisable to keep in touch with relevant authorities or legal professionals. In this climate of uncertainty, it’s imperative to stay prepared and aware of your rights under the new regulations as they develop. Consult experienced immigration lawyers for strategies on effectively managing the renewal of your residence permits amidst these delays.

Thursday, 18 July 2024 - News
Why has the processing of residence permits in Portugal been delayed?

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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