Rejection of a residence permit application: Here is what you can doThe rejection of an application for the granting or renewal of a residence permit can have serious consequences for any foreigner living and working in Greece. However, this is a procedure with clearly defined legal remedies and legal possibilities. Depending on the reason for the rejection – whether it is incomplete documentation, administrative errors, particular personal circumstances or an incorrect interpretation of the law – there are ways to challenge the decision. The office of Mrs. Kasatkina-Kouskou Svetlana has many years of experience in handling immigration law cases and provides personalized legal support throughout the process. It is crucial to know that the time limit for taking legal action is limited: within 60 days of notification of the rejection decision you must take appropriate action.
What are the available legal means? A. Application for Treatment – Administrative Review of the Decision An application for treatment is an administrative appeal filed towards the same department that issued the rejection decision. It is a first and often effective step towards its review, especially when the rejection is due to:
The deadline for applying for treatment is 60 days and a government fee of 50 euros is required. In cases where the decision is accompanied by a deportation order, an application for an extension of the voluntary departure period of up to 120 days may also be required. This application shall be submitted within 25 days of notification of the decision. The administration is obliged to respond within 30 days – otherwise, the request for treatment is considered implicitly rejected.
B. Judicial challenge – Action before administrative courts If the request for treatment is rejected or the case is considered serious or complex from the outset, an appeal to the competent administrative courts is foreseen. The main actions are:
The application for annulment focuses on legal flaws in the decision, such as:
As the trial can take a long time, it is crucial to submit a request for suspension at the same time, in order to prevent any removal from the country until a final decision is issued. A stay is granted when it is proven that the immediate enforcement of the decision is likely to cause irreparable or difficult-to-repair damage. In the event of an immediate threat (e.g. planned deportation, loss of legal employment, child at school), an interim injunction may also be sought, which is examined very quickly and can provide temporary protection. In the event of a favourable decision concerning the renewal of a residence permit and not the issuance of a residence permit, a special certificate of legal residence is issued, which allows the person concerned to remain in the country until the completion of the procedure, and to travel outside Greece to their country of origin. In conclusion, proper legal support is crucial, as the complexity of the relevant legislation, strict deadlines and administrative requirements make it particularly easy to make mistakes or omissions that can lead to irreversible consequences. A qualified lawyer can accurately assess each case, suggest the optimal strategy and ensure that all necessary actions are taken in a timely and documented manner. Legal representation is not just a formal procedure – it is the essential guarantee that the rights of the person concerned will be effectively protected. If you have received a decision rejecting your residence permit, do not leave it to chance. Our office will take care of your case immediately and clearly guide you to the appropriate legal step – whether it is an application for treatment or a legal appeal. We act quickly, within the prescribed deadlines, and ensure that your case is supported in a complete and serious manner. Contact us to assess your case and take the necessary actions in a timely manner. Back |
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