Is it Lawsuit time? (Processing times)

Very simple. We are not clairvoyant. There are any number of alternative routes we could have taken to live in Portugal if we knew then what we know now. At the time, the GV was supposed to give us flexibility and options for the future while not locking us into anything specific when we started this process all those years ago. But we didn’t know then what we know now so we are where we are: a summons.

And, who knows, if Portugal doesn’t work out then we will still theoretically be able to get citizenship if we move on. So it’s still the best flexible option. In any case, I’ve been told we can’t apply for another visa in the meantime while the GV is still in process without invalidating the GV hence the summons to expedite our legal move in 2024 when I can still get NHR.

4 Likes

It is hard to believe even the lawyers in Portugal are Portuguese.

1 Like

@richn4 Thank you for your reply on the lawyer you used. I am with you on this one and it is a very good point you are making. It doesn’t matter the route anyone would take to residency, because if they qualify for it then they should be reviewed by the agency and responded to in a timely manner.

We are in the same situation as you are and are in Portugal already but with Biometrics done in August 2022. Still no beep from AIMA and the lawyers sound even more helpless than we are, therefore my question about the law firm you used.

Let me know if I can DM you and if you have time to talk.
Cheers Risto

Please, provide Rodrigo’s contact info…

Thank you, for the information. Can you please provide your lawyer’s info.

Congratulations! Can you please, provide name and contact for your lawyer.

Thank you!

FYI it looks like there may no longer be any need for filing lawsuits with the recent nationality law change. See this thread: Wait time now counts toward 5 year residency?

1 Like

Some interesting thoughts in the IMI ā€œ2024 predictionsā€ article below.

And we know what SEF/AIMA does when there’s a ā€œregulatory vacuumā€ - pretty much nothing!

…on the one hand, it is true that the majority of the investors have so far won their legal actions and the courts have forced the Agency to grant their appointments, it is also true that, as of today, there is a lack of jurisprudence: Four judges in the same court are making different decisions, so a positive decision is not guaranteed.

Due to the fall of the Portuguese Government and new elections taking place only in March, we will not have an active Government until sometime in the spring… As such, we do not expect to have the regulations of the new law published, which can create a vacuum at the Immigration Services regarding the novelties introduced in the law last October, especially regarding renewals and how to prove the absence of real estate investments in the new investments made.

2 Likes

I was an unfortunate victim of one of those four judges.

Unless you want to live in Portugal, in which case, it’s still relevant.

1 Like

My lawyer helped us to sue the SEF in July. No progress at all after almost 6 months. Is the long wait normal?

If they didn’t file it as Urgent then you might be waiting years IIRC.

1 Like

I believe my lawyer filed all cases as urgent. The long delay made me nervous. My lawyer said that the delay was caused by the transition from SEF to AIMA. She asked me to confirm my address in December under the request of the court. Because I do not yet have a Portuguese home address, maybe I will eventually lose my case just like what happed to you?

I hope not! maybe it is different if you have had biometrics already.

FWIW my case was filed with the court on 22nd December. I was very surprised to learn AIMA responded on 11th January - if only they did everything that fast!!
Anyway, now I await the court’s decision, I don’t know how long that will be, but will update here.

At what stage are you at? Did you file the case for pre approval or the card issuance post biometrics?

Pre-approved in late November 23 having applied in December 21.
AFAIK my case is for issuance of the residence permit because of the 24 month time eplased. I live in PT.

2 Likes

Got it. We finished biometrics in Feb 2023 in Lisbon and waiting for card issuance. We need a visa every time we head to Portugal plus I have my summer trip planned for 14 days residency - so filed a case to get the card issued on Dec 11. No news yet from the lawyers.

Quite different to your case.

Yes, different.
As a matter of interest when did you apply?
Thanks

Applied in Nov 21, pre-approved in Jul 22 and biometric invite in Nov 22.