The Agency for Integration, Migration, and Asylum (AIMA) is already tracking the updates to the Nationality Law made in April, despite the lack of regulation. Experts believe this is an important step toward justice for immigrants.
AIMA Now Tracks Waiting Times for Residence Permits in Citizenship Applications
The Agency for Integration, Migration, and Asylum (AIMA) is taking a significant step in ensuring that immigrants in Portugal are not unfairly disadvantaged by bureaucratic delays. In a recent development, AIMA has begun factoring in the waiting time for residence permits when calculating the eligibility period for Portuguese citizenship applications. This decision follows changes made to the Nationality Law in April, despite the absence of formal regulations from the government.
Here is a table to illustrate how residency time is counted for Portuguese citizenship applications, factoring in both the actual residency period and the waiting time for residence permits:
Event/Action | Date | Duration | Notes |
Expression of Interest Submission | August 2019 | - | The initial step of submitting an expression of interest for a residence permit. |
Residence Permit Approved (for legal residency) | 2021 | 2 years and 4 months | The applicant’s official residency period starts once the residence permit is granted. |
Residency Time Waiting Period | 2019–2021 | 2 years and 4 months | Waiting time between the submission of the expression of interest and the approval of the permit. |
Total Residency Time Considered for Citizenship | 2019–2021 | 5 years (including waiting period) | AIMA includes the waiting time for the residence permit as part of the five-year residency period for citizenship eligibility. |
How Residency Time is Counted for Citizenship Applications:
Start Date for Residency: The time is counted from the submission of the expression of interest, not from the approval of the residence permit.
End Date for Residency: The five-year period ends when the citizenship application is made, factoring in both the actual residence and the waiting period for the residence permit.
Waiting Time Inclusion: AIMA includes the waiting period for residence permits in the total residency time, ensuring fairness to immigrants who have experienced delays.
This approach ensures that the time spent waiting for a residence permit is fairly counted as part of the five-year requirement for citizenship, helping to avoid unnecessary delays in the citizenship process.
4o mini
AIMA's Role in Recognizing Waiting Times
AIMA's decision to include the waiting time for a residence permit in the calculation of the five-year residency requirement for Portuguese citizenship applications marks an important shift in how the Nationality Law is being interpreted and applied. While some legal experts initially argued that this waiting period could only be considered after the regulation of the Nationality Law, AIMA has taken a proactive stance, choosing to implement the changes now.
Understanding the Nationality Law Changes
Under Portugal’s Nationality Law, foreign nationals who have lived in the country for five years are eligible to apply for Portuguese citizenship. The law was recently amended to account for delays in processing residency applications, especially following the closure of the Foreigners and Borders Service (SEF) in October 2023. This change ensures that the time spent waiting for a residence permit, even if the application has not yet been processed, is considered part of the five-year residency requirement.
For legal expert Beatriz Sidrim, AIMA’s interpretation is both correct and timely. "What the agency is doing reinforces what we already knew: the law is in force and being applied by the responsible entities. This is a huge gain for immigrants and ensures that the objective of the legislation is fulfilled, ensuring that the length of residence is recognized fairly," she explains.
The Impact of Bureaucratic Delays on Immigrants
The impact of bureaucratic delays on immigrants in Portugal has been a long-standing concern. Prior to the creation of AIMA, the SEF struggled to handle the influx of residency applications, with some individuals waiting over two years for a response. The backlog has only been exacerbated since AIMA took over, with nearly 400,000 pending applications.
This delay in processing has led to a situation where many immigrants were at risk of having their time in Portugal not fully recognized when applying for citizenship. By including the waiting time in the official residency period, AIMA ensures that immigrants are not penalized for institutional delays.
AIMA's Interpretation: A Step Toward Justice
Legal experts such as Beatriz Sidrim emphasize that AIMA's decision is not just about legal interpretation, but about ensuring fairness for immigrants. "It would be unfair if this waiting time were not included in the five-year period of residence in Portugal required for citizenship applications. The change in the law was made precisely to avoid distortions," she states.
This interpretation has already had positive results for many immigrants. One such example is Maria Evellyn Santos, a 34-year-old Brazilian woman who benefited from AIMA’s approach. Santos submitted her expression of interest to the SEF in August 2019, but her residence permit was only approved in 2021. AIMA’s certification of her legal residence, which was forwarded to the Institute of Registries and Notaries (IRN), took into account her original application date from 2019, allowing her to apply for citizenship earlier than expected.
A Victory for Immigrants
Cases like Maria Evellyn's are seen as a major victory for immigrants in Portugal. They demonstrate that the law is being applied fairly and that the time spent waiting for residence permits is recognized as part of the residency period. This is particularly significant for immigrants who have faced long delays due to the backlog of applications.
Immigration lawyer Bruno Gutman agrees with this approach, emphasizing that the Nationality Law is clear in its intent. “The counting of the time of residence in Portugal to apply for Portuguese nationality begins from the moment the application for residence was made to the agency responsible for migration,” he explains. Gutman also points out that there is no reason to wait for the formal regulation of the law, especially when there is no clear timeline for when this will happen.
Brazilians: The Largest Group Affected
As the largest group of foreign nationals in Portugal, Brazilians are particularly affected by the changes to the Nationality Law. Many have faced lengthy waiting periods for residency applications due to the SEF's backlog, and AIMA’s approach ensures that these individuals are not unfairly penalized when applying for citizenship.
Conclusion
AIMA’s decision to include the waiting time for residence permits in the calculation of the five-year residency period for citizenship applications is a significant step forward in ensuring that the Nationality Law is applied fairly and justly. By recognizing the time spent waiting for a residency permit, AIMA is helping to fulfill the law’s objective of integrating immigrants into Portuguese society and offering them the opportunity to gain citizenship without being penalized for delays caused by institutional inefficiencies.
This decision is a win for immigrants in Portugal, particularly those who have faced long waits due to the SEF's backlog. As more cases like Maria Evellyn’s emerge, it becomes increasingly clear that AIMA’s interpretation of the law is a crucial step in ensuring a more just and efficient immigration process in Portugal.
Comentarios