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Refusal of granting the Residence Permit or revocation of the Residence Permit

The lawyer Kasatkina-Kouskou Svetlana provides legal support and advice for dealing with issues that arise after receiving a negative decision on the grant or renewal of a residence permit in Greece.

It is a burning issue as during the last years many foreign citizens have been entering Greece. The fact is that usually, when foreigners address to the Municipality, after a long and agonizing wait, in order to renew their residence permit, the employees of the Department of foreign citizens respond that: “You cannot update the documents, please contact a lawyer”. Rarely the alien receives that with equanimity. Others suffer shock over the panic and fear to remain undocumented in the country.  Third country nationals who have lived legally for a long time in Greece and have been paying, to some extend, regularly their contributions for social insurance, while fulfilling their tax obligations shall not be disappointed.

I would like to point that the situation is now better. The main thing is that within 60 days starting from the receipt of the decision refusing the grant or the renewal of a residence permit, the alien should contact a lawyer who will take legal action on this matter. The lawyer will do everything possible for you to get a temporary extension of time by the Administrative court, before the main trial, which is likely to take place not earlier than 3 or 4 years. For all this time of waiting, a special certificate of legal resistance in Greece is issued for the alien. With that certificate the third country national should not be afraid of deportation from the country any more. Mainly he/ she has the right to travel from Greece back to home and the right to work.

Under the provisions of Law 4251/2014 on the residence permit, it is not granted or it is revoked in the following cases:
•    If a third country national does not meet the general requirements imposed by the law for the issuance or renewal of the residence permit
•    If there are violations of rules of public order and safety
•   If there are reasons related to the safety of public health ( that case is governed by the law in relation to whether the problem occurred before or after the initial authorization)
•   If it is established by law or by irrevocable decree of the competent Judicial Council that a third country national had been in the procession of false certificates or false documents with misleading information which was won by fraud or by using similar means)

In particular, the decision of not granting or revocation of a residence permit is made from the authorities of the municipality where it was submitted, regardless of any subsequent change of residence.

The authorities of the municipality call the third country national for notification of decision refusing to grant (renew) or the decision revoking a license, at the address stated as an element of communication pursuant to the declaration of the alien.

The notification can be in the form of letters, telegrams or by phone. There should be the date of the notification and the signature of the person making it. If a person cannot be found an official of the competent authorities must make a new notification which is sent by a registered letter. Specifically it is sent within a reasonable time that should not exceed three months. After the expiry date of the official announcement a copy of the decision is given to the person concerned or his legal representative.

Third country nationals who have applied for a residence permit and have received the appropriate certificate (type A - “blue certificate”), after the rejecting decision should certainly return the certificate to the foreign section, the legal validity of which expires automatically according to the law.

In case that one looses this document must make a statement about this incident to the police department.
In the case of a rejecting decision, when the third country national is not in the municipality declared, after having tried the above means, the fact is notified by a letter of the Region which shall inform the police authorities.

In EU legislation there are rules governing the refusal, the revocation and the renewal of a residence permits of third country nationals. The law 4251/2014 provides a legal basis for the regulation of the ban of the issuance, renewal or the need for action to cancel a residence permit of a third country national. However it does not include all the necessary legal provisions on that subject, which can be adjusted according to the legislation of the European Union. It should be noted that these issues can be settled by a Greek Presidential Decree and are subject to the legal system of Greece or to all rules of the relevant EU Directive.

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