Renewing residence permits in Portugal has become a significant challenge for immigrants whose documents have expired. Currently, there is no clear guidance or forecast on when or how this renewal will be possible.
Foreign nationals with expired permits find themselves in a state of uncertainty. AIMA (Agency for Integration, Migration, and Asylum) assigns responsibility for initiating the renewal process to IRN (Institute of Registries and Notaries), while IRN claims that this responsibility lies with AIMA. Both entities state there is no cause for concern since, under Decree-Law No. 10-A/2020, residence permits remain valid until June 2025.
Judicial Decisions: Changing Stance on Renewals
Although many immigrants have successfully obtained renewals through court orders, the courts have recently started requiring proof of urgency to approve renewals. This change in position stems from Decree-Law No. 10-A/2020, which extended the validity of documents, including residence permits.
AIMA’s Arguments
AIMA argues in court that residence permit renewals should be initiated by IRN, with AIMA solely responsible for the final decision on renewal. AIMA bases this argument on Decree-Law No. 148/2012, which establishes IRN’s role in “receiving and verifying the necessary elements for residence permit renewals.” Therefore, AIMA contends that while it has the final authority to grant renewals, the initial reception of documents and scheduling are the exclusive responsibility of IRN.
IRN’s Position on Residence Permit Renewals
On the other hand, IRN clarifies that in-person service for residence permit renewals is intended for individuals referred by AIMA who cannot complete the online renewal and need to update biometric data, such as photos and signatures.
IRN states that only cases of proven urgency and impossibility of online renewal will be attended to at its counters. However, there are no clear, objective criteria for defining “urgent situations.” As a result, many immigrants find themselves without service, continuing with expired permits.
Issues with the Automatic Renewal Portal
The automatic renewal portal is currently unavailable. Many immigrants encounter an error message when attempting to use the service, stating: “The residence permit you hold does not allow the use of the automatic renewal feature.” There are even rumors that the automatic renewal system will not be resumed.
Extension of Residence Permits Until June 2025
AIMA and IRN argue that there is no immediate need to renew expired residence permits since, under Decree-Law No. 10-A/2020, documents that expired from February 22, 2020, onwards remain valid until June 30, 2025. This argument has been used to justify the lack of concrete solutions for renewals.
Judicial Actions: Requesting Appointments for Renewal
In light of this situation, many immigrants are turning to the judicial system to request an appointment for renewing their residence permits. Initially, the courts ruled in favor of immigrants, ordering AIMA to arrange appointments. However, recently, judges have started requiring applicants to demonstrate an urgent need for renewal, citing the extended validity of permits under the decree.
Adriano Martins Pinheiro, an immigration lawyer in Portugal, closely monitors these developments and actively defends the rights of immigrants in the country.
