Is it Lawsuit time? (Processing times)

It will, na próxima semana!..

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Hello

I already posted an update above

The lawsuit succeeded

Here is the most recent update from my lawyer (in bold) regarding our application status:

  • Did the court actually rule in our favour? Yes.
  • Is the current delay now due to slow response by AIMA? Exactly! The lack of officers is so huge that they started to sent the files to other offices (like Madeira and Açores) to be concluded… things are really bad at AIMA (as you are aware of through the news)
  • Is there anything that could be done to move the process along? I’m already doing so every week - go there and bug them out

And so, whether I am happy or not with the answers, the process just has to run its course, on local time and in strict adherence to local customs and work schedules. :slight_smile:

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For those of you who filed lawsuits whilst you wait for pre-approval and aren’t yet living in Portugal, did you give any special reasons to increase your chances of success?

No. Just pay the lawyer.

Its pay first, before they do anything.

We are the GV applicants of March 2023 and we filed the lawsuit in mid-September this year with the hope of expediting the whole GV process.

In early November, the court responded in favor and asked AIMA to reply within 7 days. After that, AIMA gave us an appointment time, which will be January next year in Lisbon.

I highly recommend the lawyer who helped us with the lawsuit (not our initial immigration lawyer). If anyone needs his contacts, feel free to message me.

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Yes please. Could you share the name and contact of your lawyer. Thanks
Anthony

Hi Joege

Well done on your success.

Do you know which Court responded so promptly?

That would be very helpful. Thank you.

Hi Martin,

I am not sure but I remember there was some information regarding the court, it should be the administrative court in Lisbon and the group 4 (who is handling our case).

Hope it helps.

Thank you Joege.

Thats it unless you happen to know the name of the judge too.

Just questions my lawyer asked when i referred to your success.

was it filed on basis on urgency?

Hi @DigitalNomader there isn’t a generic set of reasons that will turn the argument in your favour. I am not resident in Portugal, but I argued that I intend to move, and the longer the delay in my approval, the bigger the impact on my child’s continuity of education. I also supported my intent to integrate into Portuguese society by including my A2 Level language qualification. There were other points my lawyers included - so it’s best to construct the list of arguments together with your lawyer - those will be unique to your circumstances. Hope this helps.

I put my house on the market and included the contract to sell when I filed. The lawyer had the contract translated. I did not file with urgency.

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Hi Martin, did the lawyer share with you the court reply ruling in your favor
Thanks

Hello @Ctayah,

I am not Martin, but if this was addressed to me, my lawyer has not shared with me the court reply, just informed me that the case has been ruled in our favour.

From our “Subpoena for the Protection of Rights, Freedoms, and Guarantees” we got a 31-page document from the Lisbon Administrative Court detailing the judge’s arguments and ruling in English. Quite a read.

Did you win the lawsuit?

Hello @richn4,

Is this Supremo Tribunal de Justiça on Praça do Comércio 744?

Thank you.

Like many others here, I decided to embark on legal action in order to move my GV process along and thought I’d share my experience.

After buying property in 2019 I was able to fly into Portugal in 2021 in the middle of the Covid restrictions to complete my biometrics, and received residency shortly afterwards, and then managed to renew online last year. However, I was unable to obtain a biometric appointment for my two daughters (they had been preapproved at the same time as me) - and my lawyer was unable to assist.

I contacted NSM lawyers, recommended on this thread, this year and in October they officially started with the litigation process - and in mid November I was told that the court action was successful and have to be in Porto with my daughters for their biometric appointment in mid January. Feels like a miracle!

Lots of admin hoops to jump through in terms of getting apostilled documents in such a short timeframe and the fact that my eldest is 18, just finished school and about to go to university and requires additional documentation. But I’m just thrilled that there’s finally some action esp as the window of my children being dependents is getting shorter and shorter.

Just a note that despite being told that AIMA would likely give me a few potential dates to attend the appointment, I was only given one - thankfully we are able to make a plan to be there.

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I don’t know the address. It’s not on any of the documents. The report is headed “Lisbon Administrative Court” with “Ordinary Administrative Court” as a subtitle. It is signed by the judge who ordered AIMA to process our applications within his dictated timeframe. In Portuguese the court is called: “Tribunal Administrativo de Círculo de Lisboa”, so maybe look for the address of that. But in any case, looking at the documents I’ve got filed away, the request for a subpoena was submitted online by my lawyers who had power of attorney over this so I don’t suppose anyone actually went anywhere.