AIMA application stalled: what to do when there is no answer

The Agency for Integration, Migration and Asylum (AIMA) now handles residence permit applications in Portugal, and the backlog means many applicants wait months without any answer. The delay has real consequences: it complicates travel, the renewal of employment and rental contracts and access to services.

The good news is that there are administrative and court routes to make the authorities decide. This guide explains where to start and when it makes sense to go to court.

How long does AIMA have to decide?

Immigration law generally sets a 90-day deadline for deciding a residence permit application. In 2024, the Supreme Administrative Court harmonised case law on AIMA's failure to decide and recognised that the urgent action for the protection of rights, freedoms and guarantees may be the appropriate remedy for that inaction.

In 2025, an amendment to the Foreigners Act narrowed this urgent route: applicants must now show that the delay seriously and directly compromises the timely exercise of their rights, and the court may weigh AIMA's capacity to respond. In practice, each action must be well grounded and documented.

What should you gather before taking any step?

• the filing receipt and the case number;
• the list of documents submitted and the date of each submission;
• emails, notifications and replies from AIMA;
• proof of payment of the fees, if they have already been requested;
• evidence of the impact of the delay: cancelled trips, contracts at risk, difficulties with healthcare, work or banking.

This file serves both the administrative and the court route: the more complete it is, the faster the case can be assessed.

First route: the administrative path

1. Check the case status on the portal or official channels of AIMA and confirm whether any document request is unanswered.
2. Complete the application. Often a missing document, a certificate without a Hague apostille or outdated information is what keeps the case stalled.
3. File a formal written request asking for information on the status of the application and its decision, and keep proof of sending.
4. Complain if there is no answer, through the official Complaints Book or a complaint to the Ombudsman.

Second route: court remedies

When the administrative route is exhausted with no answer within the legal deadlines, Portuguese law provides court remedies before the administrative courts:

When the authorities stay silent, the action to compel should generally be filed within one year from the end of the legal decision deadline. So it is best not to let time pass.

What happens to expired documents while you wait?

In recent years, the Government has extended by decree the validity of expired residence documents and visas while cases are pending. These extensions have their own deadlines and are renewed by new decrees, so it is important to check which one is in force before travelling or showing the document to third parties.

Is it worth going to court?

It depends. A court action tends to make sense when the legal deadline passed a long time ago, the case is complete and the delay causes concrete, documented harm. If the case has gaps, the most effective step is usually to fix them first, because the court can make AIMA decide, but the decision still depends on the documents.

Each case has its own features, and the court route should be weighed against the documents and the history of the case. If you have not yet applied for residence, you can avoid some of these problems by choosing the right visa, as we explain in D7 or D8 visa: which one is right for you?.

This article is for information only and does not replace a legal consultation.