AIMA Did Not Respond to Your Tacit Approval Request in Portugal: What to Do Next

3 hours ago
3 min read

AIMA did not respond to your residence permit request in Portugal? Learn how tacit approval (deferimento tácito) works, your legal rights, and how to take action in 2026.

AIMA Delays in Portugal: What Happens When There Is No Response? Try Tacit Approval Request

One of the most pressing issues for expats in Portugal is the AIMA's delays in processing residence permit applications. Many applicants submit all required documents, pay the fees, and still receive no response for months.

This raises a critical legal question:

What happens if AIMA does not respond to your application—even after invoking “deferimento tácito” (tacit approval)?

This situation is increasingly common due to the Portuguese immigration backlog, affecting thousands of foreign residents.

What Is “Deferimento Tácito” in Portugal?

Deferimento tácito (tacit approval) is a legal mechanism under Portuguese administrative law.

It means:

If a public authority (like AIMA) fails to respond within the legal deadline,
The application may be considered automatically approved by law

According to official guidance:

Tacit approval applies when legal deadlines are exceeded without a decision
For residence permits, deadlines are typically:
- 60 working days (renewals)
- 90 working days (first applications)

This principle exists to protect applicants from administrative silence and excessive delays.

The Reality: What If AIMA Still Does Not Respond?

In practice, even after invoking tacit approval, many applicants face continued silence from AIMA.

According to legal experts:

AIMA may not automatically issue your residence card
Administrative silence may continue despite legal entitlement
Applicants remain stuck in a legal limbo without documentation

This reflects a broader systemic issue where legal deadlines are often not respected in immigration procedures.

What You Should Do Next (Step-by-Step)

If AIMA has not responded, even after tacit approval, there are clear legal steps you can take.

1. Submit a Formal Notification to AIMA

You must formally notify AIMA:

Request a certificate of tacit approval (certidão de deferimento tácito)
Clearly reference the legal deadline exceeded
Attach proof of submission and payment

This step is essential before taking legal action.

2. Request the Official Certificate

You can formally request a certidão de deferimento tácito, which confirms that your application is legally approved due to a lack of response.

This document is critical for:

Legal recognition of your rights
Court proceedings
Supporting future administrative actions

3. Take the Case to the Administrative Court

If AIMA still does not act, you can:

File a legal action in the Portuguese administrative courts
Request the court to:
- Recognize tacit approval
- Order AIMA to issue your residence permit

Courts have the authority to compel AIMA to make a decision or issue the document.

4. Use Legal Action to Force a Decision

Portuguese law allows applicants to:

Challenge administrative silence
Demand the execution of a legally required act

In many cases, courts impose deadlines on AIMA to respond, ensuring progress.

Important Legal Insight for 2026

Recent immigration reforms suggest that tacit approval rules may be restricted or removed in newer procedures, making legal action even more important for pending cases.

This means:

Older applications may still benefit from tacit approval
New applications may require stronger legal enforcement strategies

Risks of Doing Nothing

Ignoring AIMA’s silence can lead to:

Lack of valid residence documentation
Inability to travel, work, or access services
Long-term legal uncertainty

Without action, delays can extend for months or even years.

Final Thoughts

If AIMA does not respond to your application, even after invoking deferimento tácito, you are not without options.

Portuguese law provides clear mechanisms to:

Protect your rights
Recognize tacit approval
Force administrative decisions through courts

The key is to act strategically and within legal deadlines.

INLIS Consulting – Immigration & Tax Support in Portugal

At INLIS Consulting, we assist expats and foreign residents with:

AIMA residence permit applications and renewals
Legal guidance on administrative delays
Tax compliance (IRS, NHR, freelancer setup)
Strategic support for complex immigration cases

If your AIMA application is delayed or you are facing silence after tacit approval, our team can guide you through the next legal steps.

Contact INLIS Consulting today for professional assistance in Portugal.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case depends on individual circumstances.