Renewal report and citation needed

Residencies & citizenships Portugal Golden Visa đŸ‡”đŸ‡č
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I thought I’d share the story of my latest (third) GV renewal. Note that I currently live full-time in Portugal, so that has some effect on the story. I got my first card in 2019. It has been hell ever since to renew it, but the past year takes the cake.

But first, I need help. Can someone cite for me which law specifically states that following the biometrics appointment, the new resident card must be delivered within 3 months? Explanation below. I really need this information.

The story: Because I do live in Portugal now, the fact that my residency card expired in March 2024 has affected my life, causing some chaos when it comes to the risk of travel within Europe, banking (huge issues), and more. Last year, AIMA started offering online renewals to GV holders. To all, it seems, except me and my wife. My lawyer said 98% of her firm’s clients got online renewals, but not us or one other client of hers. At the same time, I noticed similar from D7 visa forums online: at that time, most D7s could renew online, but a tiny minority were inexplicably ineligible. Theories were bandied about, enquiries made by my lawyer in person at the AIMA office (answered by shrugs). No explanations were forthcoming.

She set her minions to repeatedly phone AIMA. But always the answer was: “No renewal appointments for ARI visas offered at this time.” Meanwhile, I sent 5 emails per day to various AIMA and SEF addresses, registered postal letters, and made my own share of phone attempts. By June I was getting desperate. Never mind the details. The situation was making certain things increasingly difficult for me.

I considered a lawsuit, until I read in the local press that the number of legal actions against AIMA has skyrocketed, led by immigrant groups banding together and filing suits in bulk with the help of opportunistic lawyers. 800 new lawsuits are being filed daily, clogging up the entire judicial system. Some courts in the major cities are now so backlogged with many thousands of AIMA lawsuits that all other legal processes are being delayed. Not only did I not want to add to the logjam, but my hunch is that lawsuits in such numbers may actually be diluting their effect. I’ve heard of several people who “won” in court but still never got appointments scheduled.

So in August I tried the online complaints book, the Livro Amarelo. I composed a case that was more than just complaining about the process taking too long and how dare they. I wrote an unemotional description of how the situation has affected my daily life. Wrote it in Portuguese, not checking or correcting my grammar. I wanted them to know this was from me, genuinely writing in the language of my adopted country, not a DeepL translation or composed by a hired proxy. Then I hit send.

The following week I received a call: “This is AIMA. You said you want a renewal appointment. Do you still want it?”

I was gobsmacked. They set appointments for me and my wife in early November 2024. My lawyer too was gobsmacked.

At the appointment, I received a huge, unexpected surprise. A year ago, I took the CIPLE language exam, the one you need to apply for nationality. My lawyer had my language certificate in her file folder, but had not submitted it for my renewal. Although I was eligible to apply for permanent residency, she had advised against it because the fee is extraordinarily expensive and I’d be applying for nationality soon anyway. But the AIMA officer caught a glance of the certificate in the lawyer’s folder and asked to see it. The officer then said they’d convert my application to permanent residency and not only that, it will not be the GV permanent residency, which costs around €5000, but the regular kind, which costs just €90. My lawyer told me afterward that she’s never seen this happen before.

Leaving the meeting, I asked her, “So, nowadays how long is it taking to get the new cards? Is it still three months?”

Her answer: “For those with online renewals, they’re getting cards within 4 to 6 weeks. For those with appointments like yours, it’s taking one year.”

One year!!!

She shrugged. “Maybe you’ll be lucky.”

She confirmed that by law they’re “required” to send the card within three months. But as we know, the law means nothing. I’ll be stuck with an expired card, banking problems, issues at health clinics, and even being denied a library card, until the end of this year.

Time to try the online complaints book again. Since my lawyer does not approve of me going behind her back, she is not interested in answering my messages about which specific law she’s referring to.

So I’m asking you. The three months since my appointment comes up soon. On three-months-plus-one-day I plan to file another online complaint to get my card. If you know which law contains the specifics of the time to send the card, it will be a huge help, so I can cite this in my complaint. Many thanks.

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Aren’t we just talking about s82(6) and (7) of the Aliens Act (Lei 23/2007 of 4 July)?

https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?ficha=1&artigo_id=&nid=920&pagina=1&tabela=leis&nversao=&so_miolo=

6 - O pedido de renovação de autorização de residĂȘncia deve ser decidido no prazo de 60 dias.
7 - Na falta de decisĂŁo no prazo previsto no nĂșmero anterior, por causa nĂŁo imputĂĄvel ao requerente, o pedido entende-se como deferido, sendo a emissĂŁo do tĂ­tulo de residĂȘncia imediata.

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Thank you. That’s it. I thought it was 90 days, but it’s 60. Time to file my complaint. Cheers.

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Also see the SEF manual at section 3, which refers to the principle of tacit approval
https://www.sef.pt/pt/Documents/Manual_ARI_2017.pdf

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Interestingly, as Chris J pointed out to me some years ago :grin: the ‘approval by default’ clause only applies to renewals, but not initial issuance.
So yes, you can get your lawyer prepared to issue a strong demand to AIMA on day 61, fully within your legal rights.

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NB business days not calendar days. (according to DL n.Âș 4/2015, de 07 de Janeiro at Article 87(c) for those taking notes at home)

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Thanks for the reminder about the business days. In two weeks I pass that milestone and will start the next complaint process.

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Remember the law extends your expired permit to June 2025 and in fact if you have already applied to renew (and carry proof of that application with you) it is extended indefinitely.

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So did you apply for a renewal, or the non-GV permanent residency, or both?

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I applied for non-GV permanent residency. My wife applied at the same time for a normal renewal, because her language certificate hadn’t yet arrived. Still no word about our cards.

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@Lourenco Deeply appreciated your shared story. It is a lesson for many people here (including me). It is really great that you were able to apply for non-GV permanent residency. Could you please tell which Aima you went to? Different Aimas might yield different results. Thanks in advance and wishing you to receive your card soon!

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@Lourenco Perhaps I am off, but applying for Permanent residence would be a new application not a renewal of the temporary residence card. Therefore, the 60 day period may not be applicable here.

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Sorry for such a late reply. I applied at the Lisbon central office. Regarding the comment from @portugalwanderer , both my lawyer and the AIMA official at the counter said that my permanent residency application will take no more time than a regular renewal. Though in this situation, my lawyer advised that the “time” referred to will be up to a year, which is how long every GV renewal has been taking (and maybe longer, since recent reports in the Portuguese press mention that the new policy of prioritizing people from Portuguese speaking countries puts GVs at lower than lowest priority).

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Thanks for sharing the experience. My renewal was about 3.5 months from biometric to card in hand. But it was normal renewal. Yours was a new application of the permanent residency. Hence I would expect an extra time on this. Wishing you a speedy outcome. :handshake: