We were invited by Valor Magazine to discuss Immigration Law, an area in which we have been distinguished with awards such as “Best Immigration Lawyer” globally, for the third consecutive year, awarded to our partner and lawyer Diogo Capela – author of this interview.
Over these years of practice, what differences do you notice in the evolution of the Immigration field in Portugal?
Over the past few years, the field of Immigration Law has gained more prominence and visibility than it had previously. I believe this is primarily due to the impact that the Golden Visa Program has had on the legal market. Major law firms have invested in this area, creating dedicated teams to provide legal support for these types of clients. I also note that younger lawyers, or even recent graduates, have understood the market dynamics and the potential of this field and have started seeking out firms that practice in this area.
What analysis do you make of AIMA’s performance up to now?
AIMA reminds me of an unfortunate heir who, instead of inheriting a wealth of assets, practically only inherited debts. Just five months after its creation, it is still too early to determine whether AIMA will effectively turn all “debts” inherited into “sustainable assets” in the near future; however, there are several signs of change that we can already point out.
Firstly, the possibility of scheduling appointments through the online portal relieves the pressure on the telephone line;
secondly, the maintenance of automatic renewals, which helps alleviate the pressure on service counters;
thirdly, the signing of cooperation agreements between AIMA, the Bar Association, and the Solicitors and Enforcement Agents Association, which could alleviate the pressure on Human Resources (which are quite limited) in the processing of procedures.
Despite the positive signs, there is still a long way to go and many flaws that can be pointed out as well, from serious computer problems, such as the absence of dates for scheduling appointments, to the constant change of procedures associated with scheduling appointments and even a huge confusion about the entities responsible for some of them, namely between AIMA and the IRN.
How could the country simplify the process of admitting immigrants, while still ensuring the necessary bureaucracy associated with efficient processing of administrative procedures?
The entry process is often not the worst part. There are obstacles to entry associated, above all, with the malfunctioning of our consular network in general, and particularly with the lack of appointments and lack of training for officials. However, where we see bigger problems is in the malfunctioning of entities in Portugal.
Immigrants currently face increasing difficulties in opening bank accounts, lack of available appointments for processing their procedures, forcing these individuals to wait for months without the possibility of traveling while awaiting the appointment date, remaining in an irregular situation during the waiting period.
The waiting time for the issuance of residence cards, depending on where the appointment took place, can also be very long. Even after the residence card is issued, an individual who wants to reunite their family may have to wait more than two years to fulfill that desire.
What are the advantages that immigrants have in hiring the services of a lawyer from the beginning of the process?
Individuals who go through the process on their own or with the help of agents often end up being more susceptible to fraudulent schemes, false information, among other things.
The role of the lawyer as a guarantor of the proper application of the law and as an independent professional who is only interested in the real interests of the client should be valued, especially because the profession is regulated by well-defined legal rules, and deviating from them can lead to disciplinary proceedings before the Bar Association.
