The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
This week’s question is that of many Brazilians. Portugal is experiencing a scenario of changes in the law, delays by the Agency for Integration, Migrations and Asylum (AIMA) in responding to legal actions and inspections by the Public Security Police (PSP). How to act, especially in cases where the request was made through legal action?
Lawyer André Lima responds:
“Being stopped by the police, in the current context of Portuguese migration policy, can cause apprehension — especially for those who are still in the regularization process. And there are many doubts: what documents should I present? What if my order is still “under review”? What if I am awaiting a court decision?
First of all, It is important to know that having the process underway is enough to guarantee the right to legally stay in the country. Portuguese legislation recognizes that proof of the application — be it expression of interest, renewal of the residence permit or CPLP Mtulo — is equivalent to a regular situation, as long as the process is actually under analysis by AIMA or there is a confirmed schedule.
Furthermore, in cases where the process depends on legal action, receipt of protocol for this action also guarantees the right to remain throughout the period in which the process is in progress. This document proves that the situation is under review by the judiciary and must always be kept in the applicant’s possessionready to be presented to the authorities if necessary.
What to do if approached?
If an officer asks for identification, remain calm and cooperate.
Present your residence permit or, if you don’t have it yet:
• The passport;
• Proof of the residence application, such as the AIMA receipt, the schedule or receipt of the legal action filed by your lawyer.
These documents demonstrate good faith and regular residence status.
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What if there is abuse or error?
If the immigrant is taken to the police station or has documents withheld, it is essential:
• Make contact with a lawyer, who may be a private lawyer you trust, or through free legal aid, in which the State provides a professional appointed by the Bar Association;
• Do not make any statement without the presence of the Lawyer;
• Write down the name of the agents and the details of the incident;
• Keep all documents delivered, as they can be used to assess the legality of the approach.
These precautions are essential to ensure that the right of defense is respected and to allow accountability for possible abuses of authority. Being in the legalization process is not synonymous with irregularity.
Portugal recognizes the right to remain while the application is being analyzed — either by AIMA or by the courts. Therefore, in the event of a police approach, the best attitude is simple: act calmly, present the documents and demonstrate that you are within the law.