Obtaining a residence authorization in Portugal has traditionally followed clear legal criteria. However, in recent months, the actions of AIMA (Agency for Integration, Migration and Asylum) have raised concerns among immigrants and legal professionals. The increasing demand for documents not foreseen by law and the lack of consistency across service desks are making the process more bureaucratic and uncertain.
“AIMA’s new practices raise questions about their legality and effectiveness. Often, they are nothing more than additional barriers for those simply trying to comply with the law”. Foreign citizens should be accompanied by an immigration lawyer to “ensure their rights are respected and that they are not forced to submit documents not required by law.”, Diogo Capela, Founding Partner at Lamares, Capela & Associados
What the law says about residence authorization
According to Article 77 of Law No. 23/2007 and Article 53 of Regulatory Decree No. 84/2007, the requirements for granting a temporary residence authorization include:
- Valid visa (residence or job-seeking)
- No impediments to visa issuance
- Presence in national territory
- Proof of means of subsistence
- Proof of accommodation
- Social Security registration (when applicable)
- No criminal convictions exceeding one year
- Not banned from entering Portugal
- No alert in the Schengen Information System
- No alert in the SII-UCFE system for entry refusal or return
Required documentation includes:
- Valid passport
- Bank statements, employment contract or income declaration
- Rental contract, parish council declaration or tax authority certificate
- Documents proving family ties
- Proof of special qualifications for regulated professions
- Criminal record information in Portugal
What’s Changing with AIMA
Despite the clarity of the legislation, AIMA has started requesting additional documents not stipulated by law, creating unexpected hurdles for applicants. Recent examples include:
- Declaration of honor accompanying the rental contract, with signatures notarized in person by a notary, lawyer, or solicitor
“This requirement is not foreseen by law and adds cost and time to the process without increasing security, as notarization only confirms the identity of the signatories, not the authenticity of the contract”, Diogo Capela
- Declaration of entry to the PSP within three days for those entering Portugal by land, even if staying in a hotel or local accommodation
“The law only requires this declaration when the foreigner stays in private homes, as hotels and ALs are responsible for registration, not the foreigner”, Diogo Capela
These demands not only increase costs and waiting times but also create legal uncertainty. The lack of uniformity across AIMA service desks worsens the issue, with varying interpretations and requirements depending on location.
Impact on Immigrants
For foreign citizens, these practices result in:
- Additional costs for notarizations and travel
- Unequal treatment across service desks
- Risk of rejection for not meeting requirements not legally mandated
There are also cases where informal practices have become “normal,” such as requiring a bank account or signed rental contract before issuing D7 visas, without any legal basis.
Conclusion
AIMA’s actions have introduced new layers of bureaucracy into the residence authorization process in Portugal, often without legal foundation. For immigrants, this means more challenges, higher costs and the need for specialized legal support.
At Lamares, Capela & Associados, we closely monitor all legislative changes and administrative practices, ensuring our clients receive rigorous and strategic immigration support. If you need legal assistance with residence authorization applications, contact us.