When You Need a Power of Attorney
A power of attorney (procuração) for AIMA purposes allows someone else to act on your behalf in immigration matters. This is most commonly needed when you cannot be physically present in Portugal to manage your application. Common scenarios include Golden Visa holders who spend limited time in Portugal, applicants who need to start the AIMA process while still abroad, renewal applications during periods when you are temporarily outside Portugal, and situations where work or personal commitments prevent you from attending AIMA offices or managing the digital platform yourself.
Immigration lawyers frequently operate under power of attorney from their clients, handling the entire application process from document submission to appointment management. Even if you are present in Portugal, engaging a lawyer under power of attorney can be beneficial as they have expertise in navigating the system, can respond quickly to AIMA requests, and can manage the portal and communications more efficiently than most applicants can on their own. The power of attorney does not transfer your immigration status or rights; it simply authorizes another person to perform administrative actions on your behalf.
Creating a Valid Power of Attorney
A power of attorney for AIMA purposes must be a specific or limited power of attorney that clearly identifies the scope of authority granted to your representative. It should state your full name, passport number, and NIF, the representative's full name and identification, and the specific acts they are authorized to perform such as submitting applications, uploading documents, collecting permits, and communicating with AIMA. General or unlimited powers of attorney are not recommended as they grant broader authority than necessary.
If you are creating the power of attorney outside Portugal, it must be notarized in the country where it is signed, apostilled or legalized for international use, and translated into Portuguese by a sworn translator if not originally in Portuguese. The apostille authenticates the notarization for Portuguese authorities. If you are in Portugal, you can create a power of attorney at any notary office (notário) or at an IRN (Institute of Registries and Notary) office. The cost of creating a power of attorney in Portugal is typically €50 to €150, while foreign powers of attorney may cost more due to notarization, apostille, and translation fees.
What Your Representative Can Do
With a properly executed power of attorney, your representative can submit applications and documents through AIMA's digital platform on your behalf, communicate with AIMA officers and respond to requests for information, schedule and manage appointments, collect your residence permit card from AIMA offices, file complaints or appeals, and generally manage the administrative aspects of your immigration case. They can also access your portal account if the power of attorney specifically authorizes this.
Your representative acts as your agent, and their actions are legally attributed to you. This means that information they provide to AIMA is treated as if you provided it, and deadlines they agree to are binding on you. Choose your representative carefully, as you are responsible for their actions performed within the scope of the power of attorney. Lawyers are the most common representatives due to their professional obligations, expertise, and accountability through the bar association. Family members or trusted friends can also serve as representatives, but they may lack the expertise to handle complex immigration matters effectively.
Limitations and Restrictions
A power of attorney cannot cover certain actions that require your personal presence. Biometric data collection, including fingerprinting and photography for your residence permit card, must be done by you in person. No representative can provide biometrics on your behalf. Similarly, if AIMA requires a personal interview as part of your application assessment, you must attend in person. These limitations mean that even with a power of attorney, you will need to be in Portugal at least for the biometric appointment and any required interviews.
The power of attorney can be revoked at any time by the person who granted it. If you change lawyers or no longer need representation, formally revoke the power of attorney in writing and notify AIMA that your representative has changed. If you are using the digital platform, ensure that access credentials are updated to reflect any changes in representation. Multiple representatives can hold simultaneous powers of attorney, but this requires careful coordination to prevent conflicting actions being taken on your behalf.
Managing Your Case Remotely
If you are managing your AIMA case primarily through a representative while abroad, establish clear communication protocols. Agree on how frequently your representative will update you on case developments, how urgent matters will be communicated, and how decisions requiring your input will be handled. Ensure your representative has all necessary documents and information to respond to AIMA requests without delay, as the strict deadlines for additional document submission do not accommodate the extra time needed for international communication.
Maintain your own access to the AIMA digital platform so you can independently monitor your case status. Even with a representative managing day-to-day interactions, having visibility into your case provides peace of mind and allows you to identify any issues early. Keep copies of all documents submitted on your behalf and maintain a record of all communications between your representative and AIMA. If you plan to change representatives or resume managing your case directly, having comprehensive records ensures a smooth transition without loss of information or case history.