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Refusal to Issue or Extend a Residence Permit and Its Revocation

Occasionally, when executing their residence documentation in Greece foreign nationals have to deal with a problem related to failure to process their application for a residence permit submitted whether to an immigration service of the Decentralised Administration or to the Ministry of Foreign Affairs. The reasons for a negative decision may vary from incompetence of the immigration service officers, such as insufficient attention to the details of the case, to incompliance with the legal preconditions for legalisation, as well as carelessness of an applicant who has submitted an incomplete set of the documents, etc.

This issue is rather relevant now, largely due to a massive flow of migrants arriving to Greece in the last few years. Typically third-country nationals either apply to the regional state authorities or go to immigration services with a view to obtain a residence permit or in order to extend it. Receiving the negative decision regarding a residence permit is quite significant for foreigners, since in this event they get deprived of their legal status and are at risk of deportation from the country at any moment. Many, however, do not make any effort to change the situation and eventually refuse an idea to become legal. But you should not despair because there is an exit! It will be described in the following article.

In accordance to the provisions of the law № 4251/2014, a residence permit in Greece is not issued or is being revoked, should it happen that:

a) a third-country national does not fulfil the conditions or no longer meets the legal procedure requirements concerning the issuance of a residence permit,

b) the regulations in the field of public order are being violated or in the event that a third-country national constitutes a threat to public security of the country,

c) there is a threat to public health security. This case is governed by law depending on whether this issue existed before or appeared after the expiration of the initial residence document,

d) there is a formal confirmation or a judgement with respect to the fact of the false information provided, forged or falsified documents, or the fraud carried out or if any other unlawful actions have been taken,

e) an applicant fails to appear at the competent authority by the notification of the relevant additional requirements associated with their residence permit.

A negative decision on issuance of a residence permit or a decision on its revocation is issued by the Aliens and Immigration Directorate or by the immigration service of the Ministry of Interior where an application for issuance or extension of a residence permit was filed regardless of any subsequent change of a foreign national’s place of residence.

Hereinafter, the Aliens and Immigration Directorate or the immigration service of the Ministry of Interior informs a third country national of a negative decision considering the issuance or extension of a residence permit or its revocation. A notification of receipt of the decision is sent to a third country national by registered mail at the address stated in their application. A foreign national is given 60 days to receive the above decision, otherwise only a copy of it will be issued for them or for an authorised lawyer. When receiving the negative decision the original passport of an applicant is required. As long as the negative decision is issued, the type A certificate of application for a resident permit (Μπλε βεβαίωση) is no longer valid and must be returned to the issuing authority when receiving this decision.

In the event that a third-country national happens not to reside at the place stated in their application, then after fulfilling all the notification conditions, the regional authorities or the Ministry of Interior notify the police of this fact.

The amended Law № 4251/2014 provides grounds for the regulation of the procedure of the decision on prohibition of issuance of a residence permit, on its extension or on implementation of actions for revocation of a third-country nationals’ residence permit, but this law does not contain all provisions relevant to this issue, which nevertheless can be governed in accordance to the EU legislation.

In this way, the third country nationals residing in the territory of Greece and wishing to legalise their stay in the country, should not lose hope and – relying on experience and competence of a lawyer – may take actions to change the situation and as a result to gain legal status.

The International Law Office of Mrs Svetlana Kasatkina-Kouskou provides services for the third-country nationals considering the receipt of the negative decision on a Greek residence permit issue, its extension or its revocation.

More detailed information on further actions in the event of the receipt of the refusal to process an application for a residence permit or of the decision on its revocation you will find here.


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