Received a Notice to Leave Portugal Within 20 Days? Here's What You Need to Know Before the Deadline Expires

Over the past few months, we have observed a significant increase in cases involving foreign nationals who have received a refusal decision regarding their residence permit application, accompanied by a notification ordering them to leave Portugal within 20 days.

In many cases, these individuals:

• Applied for their first residence permit or have a renewal application pending;
• Have already attended their interview with AIMA;
• Have been living, working, and maintaining family ties in Portugal for several years.

Upon receiving this notification, many people assume that there is nothing further that can be done. However, that conclusion may be mistaken.

The most important thing to understand is that these proceedings involve strict deadlines and that such notifications should never be ignored.

What Does a Voluntary Departure Notice Mean?

When AIMA issues a final refusal decision, it may notify the applicant to leave Portuguese territory within 20 days pursuant to Article 138 of Law No. 23/2007.

The notification typically states that:

• The applicant must leave Portugal and the Schengen Area;
• Documentary proof of departure must be provided;
• Failure to comply may result in removal proceedings;
• Law enforcement authorities may intervene in situations where the individual's stay is considered irregular.

For this reason, the notification requires immediate action.

A Voluntary Departure Notice Must Be Addressed

One of the most common mistakes we encounter is the failure to respond to the notification.

Many individuals believe that, because they have already received a negative decision, there is no longer any possibility of defense. This is not necessarily true.

Each case must be assessed individually.

Depending on the specific circumstances, there may be grounds to:

• Administratively challenge the refusal decision;
• Request an extension of the voluntary departure deadline;
• Demonstrate significant family and social ties in Portugal;
• Invoke fundamental rights protected under the Portuguese Constitution and European Union law;
• Pursue urgent judicial remedies to safeguard lawful residence in the country.

The most important factor is acting within the applicable deadlines.

When Defense Deadlines Have Already Expired

There are situations in which the applicant previously received draft refusal notices and failed to submit a response.

We frequently encounter cases where:

• An initial draft refusal notice was issued;
• Subsequently, a second draft refusal notice was sent;
• A final refusal decision was later issued;
• None of the notifications received a response.

In such circumstances, the deadlines for submitting an initial administrative defense and, in certain situations, for filing a direct judicial challenge may already have expired.

However, this does not automatically mean that all legal avenues have been exhausted.

Administrative measures and legal strategies may still be available to attempt to reverse the situation or mitigate the effects of the decision.

Interim Relief Proceedings: Preventing the Effects of the Notification

Depending on the circumstances of the case, it may be possible to seek protection through the courts by filing interim relief proceedings.

The objective is to prevent the notification from producing immediate effects while the matter is being judicially reviewed.

In practical terms, interim relief may allow the applicant to remain in Portugal while the dispute is being examined, thereby avoiding serious and irreparable harm.

Each situation requires an individualized assessment to determine whether this remedy is viable.

Administrative Challenge Against the Refusal Decision

In parallel, administrative mechanisms may also be available to contest the decision issued by AIMA.

The strategy will depend on factors such as:

• The grounds for refusal;
• The procedural history of the case;
• Available documentation;
• Length of residence in Portugal;
• Presence of minor children;
• Employment status;
• Existing family and social ties within the country.

There are no automatic solutions.

There is legal analysis.

The Importance of Fundamental Rights

Many of the cases we handle involve individuals who have built their entire lives in Portugal.

They work.

They pay taxes.

They have housing.

Their children attend Portuguese schools.

They have established families in the country.

In these situations, legal analysis cannot be limited solely to the wording of the administrative decision.

It is also necessary to evaluate the protection afforded by fundamental rights, including:

• The principle of family unity;
• The best interests of the child;
• The principle of proportionality;
• The right to effective judicial protection;
• The protection of legitimate expectations.

These elements may play a decisive role in developing the appropriate legal strategy.

What Do We Do in These Cases?

At Rafaela Barbosa International Law Firm, we conduct an individualized assessment of every case.

Our services may include:

• Comprehensive review of the procedural history;
• Identification of notifications and applicable deadlines;
• Preparation of administrative defenses;
• Requests for extension of the voluntary departure period;
• Administrative measures before AIMA;
• Preparation of interim relief applications and urgent judicial proceedings where appropriate;
• Legal strategies aimed at protecting lawful residence in Portugal.

Every case has its own particularities.

For this reason, we do not believe in standardized solutions.

We believe in tailored legal strategies.

Have You Received a Notification from AIMA?

If you have received a refusal decision accompanied by an order to leave Portugal within 20 days, do not ignore the notification.

The deadline is already running.

And in many cases, prompt action can make all the difference.

A careful legal assessment may identify alternatives that are not immediately apparent and help develop the most effective strategy to protect your rights and your lawful stay in Portugal.

What Are the Next Steps After Receiving a Notification from AIMA?
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Objective:

• Suspend the effects of the voluntary departure notification;
• Ensure lawful stay in Portugal while the case is under review.

How Can We Help?

Rafaela Barbosa International Law Firm regularly handles Portuguese nationality cases that have remained pending for several years.

Our team assesses each case individually to determine whether there has been a legally significant delay, evaluate the grounds for possible judicial intervention, and identify the most appropriate procedural strategy.

Each nationality pathway has its own characteristics, and not every delay justifies court proceedings.

However, when processing times exceed legally acceptable limits, judicial remedies may serve as a legitimate mechanism to safeguard the applicant's right to obtain a decision.

If you have a Portuguese nationality application that has been pending for several years — including nationality applications based on residence, marriage, children, grandchildren, or Golden Visa investment programs — our team is available to conduct an individualized assessment of your case and explain the legal options currently available.

Rafaela Barbosa International Law Firm

Specialists in Immigration, Italian and Portuguese Citizenship, and International Mobility.

📍 Portugal | Brazil | Italy

📞 +351 913 158 360

📩 advocacia.rafaelabarbosa@gmail.com

🌐 www.rafaelabarbosaadv.com

Should you have any questions, we remain at your disposal.

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