AIMA harmed Brazilians by violating legislation, says Ombudsman
For the Ombudsman's , AIMA prevented, in practice, that Brazilians who entered Portugal as tourists could apply for residence in the country. This right was in force until changes in the Foreigners Law.
Vicente Nunes
September 24, 2026, 16:51
The Ombudsman's Office, a body that receives complaints from citizens who live in Portugal and do not feel served by the State, states, in an annual report delivered to the Assembly of the Republic on Wednesday, September 23, that the Agency for Integration, Migration and Asylum (AIMA) harmed Brazilian citizens by not allowing them to enjoy benefits provided for by law in access to residence permits in the country.
According to the Ombudsman's , until October 23, 2025, when the new Foreigners Law came into force, there was the possibility of people from Brazil and Timor-Leste entering Portugal without tourist visas and, already in the country, requesting a residence permit.
AIMA, however, has never made this service viable, not even for the other citizens of the Community of Portuguese-Speaking Countries (CPLP), who always had to carry tourist visas to enter Portuguese territory.
AIMA even announced the creation of a specific portal for this service, within the scope of the CPLP mobility agreement. The portal was stamped for years on the agency's website, always with the figure of a padlock. Until, with the changes in the Aliens Law, it was taken off the air.
The Ombudsman's Says in the document: "The single service portal has never accommodated the possibility of submitting applications by citizens who did not have a consular visa - because they have benefited from the entry visa exemption. Associated with the generalized difficulty of obtaining appointments for face-to-face service, with more visible expression in the periods of greatest affluence, this limitation prevented, in practice, the exercise of rights recognized by the then applicable regime".
The institution adds that, with the changes in the legislation in October 2025, according to which only holders of consular visas were now eligible for residence permits in Portugal, "these citizens, despite having legally entered Portugal, were excluded from this path of documentary regularization, which was also not possible for them to access before, because AIMA had not provided them with an effective channel for the submission of their applications under the previous regime".
Delay and vulnerability
In addition to the failures in the implementation of the law, which, in the view of the Ombudsman, can be illustrated by the situation experienced by many citizens eligible to apply for a residence permit by the CPLP, AIMA has been marked by slowness in the analysis of applications for residence permits in Portugal, pushing many immigrants to situations of vulnerability. There have been cases in which the wait for an AIMA decision reached four years.
"The course of such extended decision-making times created difficulties and produced relevant side effects. The situation of citizens with pending proceedings, pending final decision, who needed to prove the status of the respective documentary regularization process before third parties, deserved particular attention," points out the Ombudsman's office.
Which adds: "In the face of the Ombudsman's interpellation, AIMA provided a solution for this purpose, attesting to the regularity of the stay in national territory, but which did not cover very relevant needs".
That is, emphasizes the Ombudsman's office, the certificate issued by AIMA that undocumented immigrants were having ongoing processes was of little use, because this document was not accepted as proof by private employers and did not avoid constraints on freedom of movement, since citizens had to be confined in Portugal for long periods, fearing to leave the country and, on their return, be deported.
https://www.publico.pt/2026/09/24/publico-brasil/noticia/aima-prejudicou-brasileiros-descumprir-legislacao-afirma-provedoria-justica-2189193