Last updated: October 2026. Immigration rules in Portugal change often, so check the official sources linked below before you act.
AIMA delays are one of the most stressful parts of moving to Portugal. If your residence permit or renewal has been sitting for months with no answer, you're not alone, and you do have options.
This guide covers the deadlines AIMA is supposed to meet, what to try first, and when you can take AIMA to court after the October 2025 law change.
Quick Answer
For most residence permit applications, the general rule is that AIMA should decide a first permit within 90 days and a renewal within 60 days. Real-world waits are often much longer. Start with written follow-ups and, if needed, a complaint to the Provedor de Justiça (Portugal's Ombudsman).
You can still take AIMA to court. Since October 2025, though, the regular administrative action is the default route. The faster intimação is now reserved for delays that seriously and directly harm a fundamental right, so speak to an immigration lawyer before filing anything.
At a Glance: Your Situation and the Usual First Step
| Your situation | Usual first step |
|---|---|
| First permit, waiting well past the legal deadline | Written follow-up to AIMA; lawyer review if the delay blocks something urgent |
| Renewal, waiting well past the legal deadline | Ask a lawyer whether tacit approval (deferimento tácito) applies to you |
| Card expired, renewal already submitted and paid | Carry your expired card and renewal receipt together |
| Delay is blocking healthcare, work or family matters | Lawyer: court action, possibly with an interim measure |
| You want an independent review without going to court | Complaint to the Provedor de Justiça |
How Long Should AIMA Take to Decide a Residence Permit?
What the law says
Article 82 of the foreigners' law (Lei 23/2007) sets the general deadlines:
- First residence permit: 90 days.
- Renewal: 60 days.
Some permit types follow their own rules, so the exact deadline can depend on your application. Check the rules that apply to your case, or ask a lawyer.
What happens in practice
Immigration lawyers and community groups commonly report waits of six months to more than a year. The Ombudsman's 2025 report noted that slow residence decisions kept generating a very significant number of complaints. Around 9% of the 9,685 complaints it received that year concerned foreigners' entry and stay in Portugal (DN Brasil).
If you haven't got your appointment yet, start with our guide to getting an AIMA appointment.
What to Do When AIMA Is Late
- Check your case status online. A status that hasn't changed for weeks doesn't always mean your case has stopped, since updates often appear with a delay.
- Keep your data consistent. AIMA's own FAQ warns that a foreign address on your Social Security record can slow a renewal. Update your address with AIMA before paying any fees.
- Send a written follow-up. Many lawyers suggest a registered letter with acknowledgement of receipt plus an email, quoting your case number. It creates proof that you tried to solve the problem administratively, which matters if you go to court later.
- Complain to the Provedor de Justiça. It's free and independent. The Ombudsman can't replace a court or issue a judicial order requiring AIMA to decide, but it can investigate complaints and make recommendations to the administration.
Renewals and Tacit Approval (Deferimento Tácito)
Renewals work differently from first permits. Under article 82, a renewal can benefit from tacit approval when the legal conditions are met and the delay isn't your fault. First-time applications don't have this safety net: the Supreme Administrative Court has confirmed that AIMA's silence on a first permit doesn't count as approval.
Tacit approval doesn't mean you can stop worrying. The practical steps to document and enforce it depend on your case, and you may still need AIMA to issue the card. Speak to a lawyer before relying on it, especially before travelling.
For timing and common mistakes, see our residence permit renewal guide.
What Happens If Your Residence Card Expires While You Wait?
The automatic extensions that ran since 2020 ended on 15 October 2025. Since then, AIMA has said that an expired permit is no longer valid if you haven't started the renewal.
If you have started it, AIMA states that your right of residence continues for six months after the card's expiry date. When you register the renewal and pay the fees, you get a receipt that AIMA says is valid for 180 days. Carry the expired card and that receipt together.
The rules can depend on when and how your renewal was started, so check your specific situation before you travel.
Ação de Intimação: What It Means for AIMA Delays
The full name is intimação para proteção de direitos, liberdades e garantias, set out in article 109 of the Administrative Courts Procedure Code (CPTA). It's an urgent court procedure. You ask an administrative court to order a public body to act when that's needed to protect a fundamental right in time.
After AIMA replaced SEF in 2023, the intimação became the go-to tool for forcing AIMA to schedule appointments or decide cases. The Lisbon Administrative Court (TACL) currently handles these cases for the whole country. In October 2025 it had 133,429 of them pending; by May 2026 the figure was 128,851 (RTP).
Can You Sue AIMA? What the October 2025 Law Changed
Yes. Lei 61/2025, in force since 23 October 2025, added a new article 87-B to the foreigners' law. It doesn't stop you from going to court. It changes which route is the normal one.
| Point | Before | Now |
|---|---|---|
| Default route | Intimação widely used | Regular administrative action (ação administrativa), plus interim measures |
| What you must show for an intimação | A threat to a right and a prior attempt to solve it administratively | Proof that the delay seriously and directly prevents you from exercising personal rights in time, and that interim measures can't protect them |
| AIMA's workload | Not a formal factor | If requested, the judge must weigh AIMA's backlog, resources and fairness to other applicants |
An earlier draft also required "irreversible" harm. That word was dropped after the Constitutional Court raised concerns (RTP).
Lawyers don't fully agree on the impact. Some say access to justice is now harder. Others argue the law mainly confirms that the intimação was always meant to be a last resort, and that strong cases are still accepted.
New cases dropped sharply once the law took effect, from 11,705 in October 2025 to 3,484 in November. Filings rose again in 2026, reaching 5,874 in April (RTP).
Intimação vs Administrative Action vs Interim Measure
These three procedures solve different problems. They aren't interchangeable.
| Procedure | What it does | Since October 2025 |
|---|---|---|
| Ação administrativa | Challenges an AIMA decision or failure to decide | Default route. Filed at the administrative court where you live |
| Providência cautelar | Temporary protection while the main case runs | Available alongside the regular action |
| Intimação | Urgent protection of fundamental rights | Exceptional route, with stricter conditions. Currently filed in Lisbon |
When Does Going to Court Make Sense?
The new rules raise the bar, but they don't close the door. Lawyers commonly point to situations like these:
- A renewal well past the legal deadline: asking the court to recognize tacit approval and order the card to be issued.
- A delay that blocks access to healthcare: for example, when you can't access the national health service without your residence card.
- A concrete, time-sensitive loss: a job, a family situation or a deadline that depends on your residence card arriving.
On the other hand, if your case is simply slow and the delay isn't causing concrete harm, an intimação is now more likely to be rejected. A regular lawsuit may take longer than waiting for AIMA to decide.
Still at the visa stage? Our complete D7/D8 visa process guide shows where AIMA fits in the bigger picture. Waiting to bring your family? See Portugal family reunification: 15 months or 2 years?
How Much Does It Cost to Take AIMA to Court?
There's no single price, but the cost has three parts:
- Court fees: intimação cases are exempt from court fees under article 4 of the Court Costs Regulation (Regulamento das Custas Processuais). Courts have confirmed this. The exemption may not apply if the judge decides the intimação was the wrong procedure, so ask your lawyer about that risk. Regular administrative actions and interim measures normally involve court fees.
- Lawyer fees: these make up most of the cost. They vary with the complexity of the case and whether the lawyer charges a fixed fee or by the hour. Ask for a written quote before you start.
- Legal aid: if your income is low, you can apply for apoio judiciário through Segurança Social, which can cover court fees and a lawyer.
What's Changing in 2026
A government package reforming the administrative courts would change where AIMA intimação cases are filed, moving them from Lisbon to the court where the applicant lives. Parliament approved the package in a first vote in September 2026 (Notícias LX). It still has to go through the rest of the legislative process, isn't law yet, and the details may change.
Meanwhile, a special team of judges has been working through the backlog since April 2026. On 22 September 2026, the courts' governing council extended that team's mandate (DN).
We'll update this section when the reform is final.
FAQ
How long does AIMA take to decide a residence permit?
Under the general rule in article 82 of Lei 23/2007, AIMA has 90 days for a first residence permit and 60 days for a renewal. Some permit types follow their own deadlines. In practice, applicants commonly report waits of six months to more than a year.
Can I sue AIMA for delays?
Yes. Since October 2025, the default route is a regular administrative action, filed at the court where you live and often combined with an interim measure. An intimação is only accepted if the delay seriously and directly harms your fundamental rights in a way interim measures can't fix.
What is an ação de intimação in Portugal?
It's an urgent court procedure (article 109 of the CPTA) asking an administrative court to order a public body, such as AIMA, to act when that's needed to protect a fundamental right in time.
Is the intimação still possible after the 2025 law change?
Yes, but it's now an exceptional route. You must prove the delay seriously and directly prevents you from exercising personal rights in time. If AIMA requests it, the judge must also weigh AIMA's backlog and resources.
Is my AIMA renewal approved automatically after 60 days?
Not automatically in every case. A renewal can benefit from tacit approval when the legal conditions are met and the delay isn't your fault. How to document and enforce it depends on your case, so speak to a lawyer before relying on it.
How much does it cost to take AIMA to court?
Intimação cases are exempt from court fees, but you'll usually pay a lawyer, and fees vary by case. Other procedures normally involve court fees. Low-income applicants can request legal aid through Segurança Social.
Can I stay in Portugal while AIMA processes my renewal?
AIMA states that the right of residence continues for six months after the card's expiry date if you've started the renewal. Carry your expired card together with the receipt proving you submitted and paid for the renewal. The rules can depend on when and how your renewal was started, so check your situation before travelling.
Important: this article is general information, not legal advice. The deadlines and court procedures above are based on Lei 23/2007 as amended by Lei 61/2025, and on the CPTA, as of October 2026. The reform moving AIMA cases out of Lisbon is still before Parliament.
Before you rely on tacit approval or file any court action, confirm with a licensed immigration lawyer (advogado). Court deadlines and the choice of procedure can decide the outcome of your case.
Not sure what comes next? Our Start Here guide walks you through every stage of moving to Portugal, from choosing your visa to permanent residency.
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