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Residence Permits via the Courts: Foreigners Take Portugal’s New Immigration Agency to Task

Photo: Publico
Portugal is facing mounting problems with issuing residence permits and work authorisations. The Agency for Integration, Migration and Asylum (AIMA)—created to speed up procedures—is struggling with a tripling of applications. Experts warn the situation is becoming system-threatening, reports Público.
The Lisbon Administrative Court alone is handling 133,429 cases against AIMA. Most are filed by migrants awaiting decisions on residence permits, work authorisations, and family reunification. Up to 500 new petitions are registered daily, and filings tripled over the summer—from about 50,000 in June to current levels. Between 14 July and 31 August, the court accepted 179 requests to suspend deportations and 298 administrative lawsuits, far above last year’s pace.
Because of the overload, six of the court’s 35 judges work exclusively on these cases. Even so, complaints are piling up faster than rulings are issued. Without migration cases, the court’s efficiency reaches 98%; including them, it falls to below 30%. Judges caution that at this pace the administrative system risks de facto paralysis.
The crisis coincides with the reform that abolished the SEF (Foreigners and Borders Service). Its functions were transferred to AIMA, but the changeover has been bumpy. Since launch, the agency has suffered from online booking glitches, data loss, and months-long delays in scheduling interviews.
The Portuguese Judges’ Association (ASJP) sent two official letters to the government stating that the situation in the administrative courts is out of control and needs immediate intervention. It notes a surge in “artificial cases”—lawsuits triggered by AIMA’s inaction. Migrants often file suits simply to unblock their case; even after an interview is scheduled, proceedings stay open because the agency does not update the court. ASJP argues this stems from organisational chaos and poor internal coordination at AIMA, not an expansion of migration. As a result, court resources are spent on disputes that could have been avoided with normal administrative functioning.
ASJP also warns that delays in migration cases are crowding out other areas—urban planning, environmental regulation, and more. It calls for systemic measures, including personnel reallocation and process digitalisation, to restore manageability across the administrative system.
For now, authorities are focusing more on curbing inflows than on optimising AIMA’s operations. Parliament recently approved amendments tightening entry and stay rules, DN Brasil reports. The job-seeker visa will be restricted to highly qualified professionals. CPLP citizens will no longer be able to switch to residence while in Portugal as tourists. Family reunification now requires proof of sufficient means; social benefits are excluded from the calculation. For unmarried partners without children, the filing window increases to 15 months, and cohabitation must be proven for at least one year prior to entry—measures aimed at preventing sham or polygamous marriages.
A separate chapter targets lawsuits against AIMA. The right to challenge the agency’s inaction remains, but plaintiffs must show the delay caused serious, direct harm to their rights and that no other remedy is available. Judges may also consider AIMA’s actual workload and staffing when ruling. António Leitão Amaro, speaking for the Council of Ministers, said the changes are needed to boost the effectiveness of the structure created after SEF’s abolition.
Подсказки: Portugal, migration, AIMA, SEF, residence permit, work authorisation, family reunification, CPLP, courts, backlog, reform, administrative justice, visas


