My lawyer said the supreme administrative court published a judgement in the official gazette, unifying case law regarding lawsuits filed against AIMA. Apparently this means that “urgency” is applicable in cases where AIMA fails to process an application in the legal timeline.
Given this, they have cancelled our injunction (we lost our first case) and re-filed another urgent lawsuit, claiming injunctions are now inappropriate.
They didn’t even charge me again!
Am I missing something, or do the two opinions above disagree?
So … everyone?
Does sound contrary to the opinion given by my lawyer. What was the time lag between you losing first case and then re-filing and the timelines if u r ok?
Was anyone living outside Portugal successful with the lawsuit? Im planning to file soon but i’ve read somewhere here in the forum that cases who are not already living portugal are unable to win due to lack of urgency reason?
If this is the risk you are aware of, then file on the basis of you living in Portugal.
That’s actually good news for everyone, right?
Seems positive. May remove the “its not urgent because you dont live here” problem.
Yes, we did last December. But we did cite a residential address in Portugal that belonged to a distant relative and we used the argument that we couldn’t apply for employment without legal residency as hardship so our summons probably gave the impression we were already in Portugal even though it did not say or claim so. The majority of the quite extensive summons used legal arguments based on processing times so our success was based on a mix of arguments. I believe it won’t hurt to find a local residential address you can cite in your summons.
Do you have a link to this official gazette?
Thanks a lot for sharing this information. Really helpful. Do you have a contact for the lawyer you used?
So every case?
I unfortunately do not.
My immigration lawyers are Caiado Guerreiro who can be found online. Not, I believe, the cheapest company but I found them to be very professional and ultimately effective.
Ok, thanks a lot. They were the ones handling your golden visa application as well?
Yes. They were recommended by my agent originally years ago and I’ve no complaints.
pretending you live in PT to make your lawsuit stick seems like asking for trouble…
Odd, and incorrect, interpolated reaction to my post. I didn’t say we “pretended” to do anything. In my post, I explained what detail we included of which one factor was a residential address in our family. No claims of anything that would lead to your fantasy of “risk” whatever that could be. We are now happily living in Lisbon with our GV residency cards. I hope the poster who I was answering will be able to join us soon and get on enjoying their life here too.
By the way, just talked to my law firm - They said after publication of some supreme court order or something in June, there is no need of proving urgency apparently and morever, they said it’s almost guaranteed we would win if we file a lawsuit. Sounds too good to be true, but i’m going to move ahead anyway.
How long is it taking lawsuits to be processed though? If you file a lawsuit are you just going to the back of a 3 year lawsuit processing line?