Скачать или смотреть Portuguese Residency Permit Application Rejected & Right of appeal

Articles You Can Use to Defend Yourself
If you want to appeal this decision, consider referencing the following Portuguese laws and codes:

Article 88(2), Law 23/2007, governs residence permits based on an expression of interest. You may argue your social and economic integration under this article.

Article 33 and 33-A, Law 23/2007 – These deal with entry bans and exceptions. You can argue for humanitarian, family unity, or integration reasons.

Article 77(2), Law 23/2007 – This allows exceptions where there are solid humanitarian or integration reasons. You can reference your 3–4 years of stay and social contributions.

Article 138, Law 23/2007 – Sets the 20-day deadline for voluntary departure (which you can request to extend due to your situation).

Articles 121 and 122 of the CPA (Código do Procedimento Administrativo) govern appeals against administrative acts.

Articles 46, 58, and 16 of the CPTA (Código de Processo nos Tribunais Administrativos) – Governs administrative court procedures.

✅ What Action You Should Take
File an Administrative Appeal:
Within 3 months from the decision date (dated 06/05/2025), file an appeal to AIMA or the Administrative Court, referencing the laws above.

Justify Integration & Public Interest:
Attach:

Evidence of social security payments

Work history or job contract

Proof of residence and stability in Portugal

Any family ties or community involvement

Argue against SIS alert relevance:
You can state:

The return decision was issued after your stay in Portugal began

You're not a security threat.

You have a life established her.e

Optional: Seek Legal Counsel:
A Portuguese immigration lawyer can help you build the strongest case to challenge the SIS alert or raise constitutional issues (right to family, integration, etc.).

Would you like a sample appeal letter draft based on this information?


Article 33 and 33-A, Law 23/2007 – These deal with entry bans and exceptions. You can argue for humanitarian, family unity, or integration reasons.


📘 Article 33 – Ban on Entry into National Territory
This article allows the Portuguese authorities (AIMA or SEF previously) to issue or respect entry bans into Portugal or the Schengen Area when a person:

Has been expelled or removed from Portugal;

Is flagged in the Schengen Information System (SIS) by another country to refuse entry;

Poses a threat to public order, safety, national security, or international relations.

❗But the law also provides exceptions:
Authorities may not enforce the entry ban in the following exceptional cases:

For serious humanitarian reasons (e.g., medical needs, family crises);

When it is necessary to protect the right to family unity;

When the individual shows strong integration into Portuguese society (e.g., long-term stay, work, contributions);

Or when there are important public interest considerations.

📘 Article 33-A – Non-application of Entry Ban in Exceptional Cases
This article expands the exceptions listed above.

It states that the entry ban will not apply even if a person is listed in SIS if there are justified reasons, such as:

Humanitarian grounds

Family reasons (e.g., having a spouse or children legally residing in Portugal)

Other overriding considerations (e.g., employment, contribution to society, education)

Authorities must weigh your situation individually and justify if they decide to apply or waive the entry ban.

🛡️ How You Can Use Articles 33 and 33-A in Your Appeal
You can argue that:

You have been living in Portugal for 3–4 years continuously.

You have paid social security contributions regularly.

You may have family or community ties here.

You are not a danger to national security or public order.

Your integration shows public interest value under Article 33-A.

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