Residence Permit Rejection: Next Steps

Residence Permit Rejected? Here's What You Can Do!

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Very often foreign citizens come to us to inform us in a distressed manner that they have applied for a residence authorization, but their application has been rejected. In these cases, our clients want to know if there is any way to dispute the decision taken by the competent authority. In this article we will try to answer this very interesting question.

Is it possible to challenge a decision that we consider contrary to the applicable regulations?

Yes, it is possible. In fact, in the same rejection resolution, the Public Administration must state both the appeals that are available and the deadlines available to the administrative body to file them. There are 3 types of appeals.

In this case we challenge the rejection decision before the same administrative body that issued it. It is, therefore, an administrative appeal and not a judicial one. It is not obligatory to file this appeal in order to be able to access the judicial process. Normally the time limit to file this appeal is 1 month.

Here, instead of addressing the same body that issued the rejection decision, we address the hierarchically superior body. It is mandatory to file this appeal before going to court. The deadline for filing this appeal is 1 month.

This is no longer an administrative appeal, but a judicial appeal, i.e., it will be resolved by a judge. The deadline for filing this appeal is 2 months from the day following the day of the notification of the resolution to be appealed.

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