Iām only focusing on anyone from Stage 1 (Awaiting Pre Approval) to Stage 4 (Awaiting Final Approval) who wants to get to Stage 5 (ARI Card Holders) quicker.
Thank you, I have added you to the spreadsheet, once I get legal details Iāll include you with updates.
Thanks for the data point, 4,000 EUR + 400 cost is interesting.
I think when I get back from lawyers they will probably sub-group people into their stage as the issues are different, but I would imagine each people in each stage would be the same legal argument.
So if 4,000 is the legal cost, if we can have 4 people in that stage (e.g. āAwaiting Biometricsā file lawsuits, itās likely we can get that to say 2,000 each for 4 people (8,000 total).
I would also think for anyone who files a lawsuit, if they win, the following stages should also be quicker, our lawyers can write a polite letter about the courts expecting decisions within X days, and if they donāt do it, the lawyer can file suits for each stage, but I doubt that would be needed, I think theyāll flag individuals as lawsuit-types and prioritize the lawsuit people in an express lane at the expense of others.
How much of this is based on conversation with lawyers, and/or being a lawyer, in Portugal, and how much is guesswork?
We are initiating a lawsuit against SEF via the firm that is processing our ARI application, at a cost of 1500 EUR. Doesnāt seem like grouping together to save money will be very effective, as the lawyers still need to put information and paperwork together for each case, and 1500 EUR doesnāt pay for very many hours of lawyering.
On the plus side, the going rate for these lawsuits seems to be under 2000 EUR, so pretty affordable relative to ARI applicantsā existing investmentsā¦
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Just to confirm, you are pre-approved, and the lawsuit is related to the delay in biometrics?
For those suing or know more about the wins that are widely published, have you asked what happens when you win?
Do you get your legal fees paid as damages (Some countries do this).
When the judge makes the ruling, e.g. āSEF should issue a biometrics appointment within 10 daysā did that actually happen?
Iāve also heard of people losing cases, curious on why they lost (what was different from the winning cases, e.g. the lawyer hadnāt won a delay-case before, the circumstances werenāt right, e.g. you had only been waiting for X stage for 6 months, your application was missing some detail or client/lawyer-fault, etc.)
Iām asking my lawyer now, but I am getting the feeling that EUR 2,000 is a common quote (it does wildly vary, but itās a marketplace with different success rates, and quality/responsiveness, etc.)
I do believe once the Golden Visa deadline is reached though, lawyers will be eager to start lawsuits for their clients as a way to help transition their workload to a post-GV world.
No pre approval yet. Hopefully the court compels SEF to process our application and give us a biometrics appointment shortly thereafter.
It sounds like the court orders SEF to take action within 10-30 days. No mention of SEF paying for legal fees. I would just take the win and run, tho; asking the court to make SEF refund $1500 seems over the top.
In any event, if you win, SEF offers you an appointment and in all cases they have made it easy to (re)schedule, per my lawyer.
And, critically, if you lose the case, your application remains in process and is unharmed. so it will still eventually get processed āchronologicallyā.
May I ask when you applied? We are also waiting for pre-approval, so Iām just trying to decide when is the right time to consider this option. (We are fairly recent application so I wouldnāt be considering a suit yet, but I am very aware of the horrible service from SEF so I am preparing myselfā¦)
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Q3 2022. By the time the court gives an answer, we will be about a year into the process (and SEF will probably still be processing Dec 2021 applications 
)
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Thanks. I will be interested to hear what happens. Please do let us know!
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I have been contemplating engaging a laywer to do something here. I completed my GV application in fall of 2021, finally had a biometrics appointment in Lisbon in March of 2023, and since then, crickets. Seeing all these stories of people waiting another 9+ months to get the residence permit has me wondering if lawyering up would make sense once we hit the end of that 90 day window they supposedly have to issue the permit.
Absolutely, have it ready to file on the 90th day
In my opinion thatās not wise. Its one thing if there was absolutely no progress or communication but as you indicate your status is slow but progressing. It probably will take 9 months from biometrics but how much faster would it go with a lawsuit? Maybe you could get it in 7 months? I donāt understand the gain from this.
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I would agree with @Garbonzo here, especially knowing there are other steps available before the lawsuit.
In my world lawsuit is an absolute last resort but I understand there could be a different view depending on the cultural tradition of the applicant 
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Absolute fastest court decision is probably 3 months, so they dont stand to gain a speedup of more than 6 months. Arguably not worthwhile, especially since the final approval may happen faster than 9 months, too.
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Alright, fair enough. Iām mostly just frustrated by the 20 month wait or whatever it was to even get to biometrics. I know weāre all in the same boat, but holy hell, it must hold the guiness world record for slowest boat!
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Hello, I posted several days above about my experience and a brief summary of my conversation with my attorney. I thought Iād add a few details to see if it helps anybody else and/or if others have advice or other experiences:
I got pre-approved in 2/2021 and offered biometrics 12/21, but we could not come due to medical reasons and hesitant due to Covid. Since then, weāre forever ālost in the systemā. My attorney recommended initiating a lawsuit, which I just authorized. The legal cost is 4,000 Euros and court costs 400 Euros.
They do not win them all but win most of them (their current record is 14-6, which they say is similar to other law offices). I would be interested in knowing why they lost some of these (but I did not ask). This firm is currently accepting the cases that are the most extreme (code for āeasy to winā?). In my case there is no trial, but an application to the court. SEF sometimes tries to defend but often never shows up (and then does not go to trial). The judge then decides based on documents, not witnesses (though my attorneys will be available as witnesses). I do not need to be present for this hearing.
My attorney said that an expedited lawsuit will be heard in 3-4 months (which is considered āurgentā), and if successful, Iād be offered a biometric appointment within about a month. Usually, they create an appointment for the primary applicant (i.e., me) and the secondary applicant (i.e., my significant other) consecutively on the same day, but sometimes on the next day. He cannot guarantee that (out of his hands).
He does not think the reorganization of SEF (October?) will have any bearing on this process. He also does not think we will be āblackballedā (and in fact, he does not think SEF even has the mechanism and capacity to āblackballā, even if they wanted to).
So in summary, it feels like my application fee for the GV just went up ā¬4,400 and delayed ~ 2 years, but I have a good chance of prevailing. Other thoughts and opinions welcome!!
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A lawyer I talked to believes that the reorganization of SEF in October is important. According to this lawyer, the SEF was officially extinct in June 2nd, 2023. There is no point of suing SEF anymore. We need to sue the new immigration agency even if SEF is still functional and we will still get the biometric appointment from SEF, as the transition started in June 2nd.
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