Introduction

Voluntary departure is one of the most concerning issues for immigrants in Portugal. Recently, many foreign nationals have been notified by AIMA to voluntarily leave the country within a short deadline and under the risk of expulsion.

In this article, we explain what voluntary departure means, how the legal procedure works, what happens if the order is ignored, and most importantly, the legal alternatives to prevent expulsion and regularize your immigration status in Portugal.

What Is Voluntary Departure?

Voluntary departure is a legal measure under the Portuguese Immigration Law, applied to foreign nationals who:

• Entered Portugal without a valid visa;

• Remained in the country after their visa expired;

• Had their residence permit cancelled.

In such cases, AIMA issues a voluntary departure notice, granting the person a deadline of 10 to 20 days to leave the country by their own initiative.

Consequences of Ignoring a Voluntary Departure Notice

Failing to comply with a voluntary departure notice can result in serious consequences, such as:

• Forced removal by the authorities;

• A ban on re-entering Portugal or other Schengen countries;

• Registration in the Schengen Information System (SIS);

• Blocking of future regularization attempts.

It’s crucial to understand that voluntary departure is not merely a warning — it is a legal action with real consequences.

Alternatives to Voluntary Departure: Legalization Options

Many people who receive a voluntary departure notice may still be eligible for legal residence in Portugal. Possible alternatives include:

• Residence permit for students;

• Contract as a highly qualified professional;

• Family reunification;

• Parents of Portuguese minor children;

• Spouse or close relative of a Portuguese or EU citizen.

In all cases, it is essential to act quickly and seek assistance from an experienced immigration lawyer.

Challenges in the Regularization Process

Immigrants trying to avoid voluntary departure often face practical difficulties, including:

• Lack of available appointments at AIMA;

• Trouble gathering required documents;

• Entries in the SIS system;

• Confusion or misinformation about legal pathways.

Despite these obstacles, it is still possible to submit a well-founded request for a residence permit to AIMA based on personal, family, or work circumstances.

How to Respond to a Voluntary Departure Notice

If you have received a voluntary departure notice, take these steps immediately:

1. Contact a qualified immigration lawyer;

2. Check if any legal alternatives apply to your situation;

3. Act before the deadline expires.

Ignoring the notice will make your situation worse. But with proper legal support, reversing the process may be possible.

Conclusion

Voluntary departure is a delicate situation, but one that can be reversed with the right legal strategy. If you or someone you know is facing this issue, don’t delay seeking help.

Speak to an experienced immigration lawyer to evaluate your case. With knowledge and swift action, you can secure your legal stay in Portugal.

Adriano Martins Pinheiro, Lawyer in Portugal