Challenging a refusal to extend the right of residence

Legal representation in proceedings challenging refusal to extend the right of residence

Challenging a refusal to extend temporary residence is an administrative litigation procedure governed by Government Emergency Ordinance No. 194/2002 on the status of foreign nationals in Romania. The General Inspectorate for Immigration (IGI) issues such a refusal where it considers that a foreign national no longer meets the legal requirements relating to the purpose of residence, such as employment, studies, family reunification or business, where it suspects a marriage of convenience, or where it cites insufficient financial resources or errors in the application. Involving a lawyer specialising in immigration law and administrative litigation is imperative upon receiving notification, because refusal to extend residence is automatically accompanied by a return decision and the court challenge deadline is extremely short — just 10 days from notification.

Staying the decision, remedying the application and defence strategies

Refusal to extend residence is notified through the return decision under Article 52(2) and is challenged directly before the competent court of appeal within 10 days of notification, under Article 85. The ordinary prior administrative complaint must not be presented as a mandatory step that delays this challenge. We examine the statutory suspensive effect and its exceptions, then the evidence concerning the purpose of residence, means of support, insurance and family ties. Staying enforcement of the return obligation does not automatically grant a new residence permit or a right to work; the person’s status during proceedings must be analysed separately. The defence may contest IGI reports and invoke Article 8 ECHR according to the family ties and circumstances proved.

Legal assistance and representation in Focșani and Vrancea County

Refusal to extend residence can affect your employment, business and family life. Basuc Cosmin Law Office in Focșani provides urgent assistance in filing the direct challenge and preparing documents supporting continued residence. We represent you before the court of appeal competent under Article 85 of Government Emergency Ordinance No. 194/2002 and separately assess employment and residence documentation. Contact us immediately after notification to check the deadline and the measures that may be requested in your case.