Chapter II · Entry into and exit from national territory · Section VII · Refusal of entry and stay · Subsection I · General provisions

Article 39 Judicial challenge

Artigo 39.º · Impugnação judicial

Lei n.º 23/2007, de 4 de julho (Lei de Estrangeiros) · consolidated text, as amended by Law No. 62/2026, checked 26 October 2026

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A decision refusing entry may be the subject of a judicial challenge before the administrative courts, which has non-suspensive effect only.

A decisão de recusa de entrada é susceptível de impugnação judicial, com efeito meramente devolutivo, perante os tribunais administrativos.

What we checked in this article

Check the non-suspensive effect and that jurisdiction lies with the administrative courts.

Moving to Portugal, or bringing a team or family? Article 39 may decide what you can apply for.

We map the visa and residence route that fits your activity, prepare the company side (contracts, payroll, registrations) and coordinate with immigration lawyers for the application itself. A written answer and a fixed quote within one working day.

Unofficial English translation prepared by BCA Portugal for reference. Only the Portuguese text published in the Diário da República has legal force. Editorial notes are ours and are not part of the statute.

Applying the law

Visas and residence in Portugal, planned together with the company

The permit depends on what you will do here: employment, your own company, remote work for a foreign employer or investment. Tell us the plan, and we will set out which route the Act gives you and what the company needs to have in place.

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