Скачать или смотреть Final rejection decision by AIMA Portugal, focusing on Article 123 (residence permits)

4 Steps to Contest a Final Rejection by AIMA Portugal
Step 1: Submit a New Application on the AIMA Portal (If Eligible)
If you entered Portugal before June 2024 and meet the updated criteria for regularization, you may:

Use the new AIMA Portal that allows certain foreigners to submit applications under the new integration rules.

Include proof of entry (before June 2024), ongoing integration (tax ID, social contributions, work contracts), and documentation supporting your legal stay in Portugal.

This is possible even if your previous application was rejected, depending on the alert category (e.g., SIS alerts) and your current situation.

Step 2: File a Complaint Against the Final Decision via the AIMA Services Portal
You have the right to challenge the final rejection under Article 123 of the Immigration Law, which states:

Your long-term tax contributions in Portugal.

Your employment history, integration into Portuguese society, and social/family connections.

Use AIMA’s “Reclamação” or “Requerimento” option on the portal or via email to formally request reconsideration.

Explain that the decision should be reviewed based on equity, public interest, and your integration efforts.

Step 3: Request Extension of Stay from AIMA (Within 210 Days Limit)
If you are unable to leave Portugal within 210 days, as required after a final decision, you may:

Email AIMA with a justified request for extension, citing:

Medical issues,

Family situations,

Pending legal or court matters,

Proof of financial or social instability.

Attach supporting documents such as medical certificates, rent contracts, tax payment history, and a declaration of intent to legalise your stay.

Step 4: File an Appeal in the Administrative Court
If your final rejection is not reconsidered, you may file a formal appeal in the Portuguese Administrative Court, citing:

EU Law on freedom of movement and fundamental rights,

Portuguese Constitution (Article 13 – Equality and Non-Discrimination),

Violation of proportionality and fairness in rejecting a well-integrated resident,

Explain how your human rights and fundamental rights are affected, including the right to family life, work, and dignity.

Work with a lawyer to prepare:

A strong legal argument,

A timeline of your stay and integration,

Proof of legal entry, tax contributions, employment, and community ties.
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