Denied residence permit, what to do?

2024-04-16
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Obtaining a residence permit (LPR) is an important step for many foreigners seeking to settle in a new country. However, the process can be complicated and not everyone manages to get the desired result at the first attempt. A refusal to grant a residence permit can happen for a multitude of reasons, whether it be a lack of documentation, errors in the application form or other legal obstacles. In this article, we will detail what steps you need to take if you are denied a residence permit and what alternative options may be available to resolve the issue.

Filing an appeal of a denied claim

If a foreign citizen has been denied by the migration service, he has the right to file an appeal. The law provides the opportunity to file a complaint to a higher instance or appeal directly to the court. Consideration of the complaint will take place within the framework of the administrative process. The foreigner can file an appeal within three months from the moment he learned about the decision on his case.

The following should be indicated in the drafting of the claim:

  • The name of the court to which the application is being sent;
  • Personal data of the plaintiff, including his/her name, surname and residential addresses;
  • Migration Service as a defendant;
  • The number and date of the decision of the migration authority that is being challenged;
  • References to legislation that supports the plaintiff's position;
  • Listing of all arguments and evidence supporting the plaintiff's position, as well as the names of witnesses and other participants in the process;
  • A request for the decision to be recognized as invalid;
  • Request for a temporary residence permit, if available

Administrative procedure

The administrative appeal procedure implies that a foreigner can file a complaint against the decision of the migration service to a higher instance. This process involves submitting all necessary documents and arguments to prove the legality of the stay or the right to a residence permit.
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Proceedings in court

If the administrative procedure has not yielded the desired results, the alien may appeal to the court. Court proceedings provide an opportunity to analyze the circumstances of the case in more depth and provide additional evidence that can be considered by the judge.

In the case of resolving the issue through the court, it is necessary to try to get as much evidence as possible that the applicant is fully entitled to a residence permit. The more factors that play into the applicant's favor, the easier and more likely it will be to obtain a positive result.

Income verification

Income verification plays an important role in the process of appealing a residence permit denial. However, there is a common problem of submitting documents with false income information. When preparing for the process, you should consider this risk and strive to provide genuine and accurate financial documents.

Hiding income is a very serious offense in many countries. Incomplete data and data that raises doubts with the inspection authorities can put an end to obtaining a residence permit, in some cases for a very long time.

How long does it take to challenge a refusal?

Usually from the moment of notification of the decision of the migration service, a foreign citizen has two or three months to file an appeal. This period is critical for collecting all the necessary documents and preparing for the appeal procedure in the chosen instance.

You should spend this time as fruitfully as possible and start collecting all the necessary certificates from the very beginning, because due to bureaucratic delays, even the most trivial document may take an unreasonably long time to complete.

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