Receiving a visa rejection can be disappointing and very stressful, considering that you made your plans with the expectation of a positive decision, within a specific timeline, and several preparations are surely underway.
First of all, it is important to note that this rejection is not the end of your dream of relocating to Portugal, as it is in fact a notification, from the Portuguese Consulate, of the intent to reject the application, which should not be taken as a final decision.
Secondly, and equally important, under Portuguese law, before a final decision is issued, applicants always have a right to be heard, which translates into the ability to appeal this pre-decision within a deadline of 10 business days typically.
The appeal should be carefully prepared to address all the concerns and non-compliance issues the Consulate (or AIMA, who always reviews the applications) listed. A thorough review of the original application, to detect inaccuracies, mismatching or missing information or attachments is also crucial.
The submission of additional (or even repeated) evidence may be advisable as well, to ensure the success of the visa application, as it may simply be a case of a misfiled document.
Once the appeal is completed and submitted to the Consulate (or its VFS proxy), you need to wait for the final decision, which should take up to 60 working days.
What if the visa is rejected again?
Before resorting to the courts, Portuguese law foresees the possibility of challenging decisions through ex gratia appeals (appealing to the author of the decision) and hierarchical appeals (appealing to the hierarchical superior of the officer or department issuing the rejection decision – e.g. Ministry of Foreign Affairs in the case of the Consulate or Ministry of Internal Affairs in the case of AIMA). Alternatively, one can always reapply as there is no provision in Portuguese law that prevents it.
In the end, it is all about calmly and carefully reviewing the notification and drafting an appeal that checks all the boxes, but obviously getting legal assistance to help you navigate the process will reduce the risk and processing times, both when submitting the application or when facing a rejection.
For further information or assistance with preparing successful visa applications or in case of a rejection, please contact us at geral@sbpslegal.com.