Waiting months for a decision only to receive a one-line "assessed negatively" is draining, especially when no real reason is given. But a rejection is not the end of the road. It is an administrative act, and administrative acts are subject to judicial review. This article covers the common grounds of rejection in residence permit, work permit and citizenship applications, the remedies available, and how to decide between reapplying and going to court.
Note: this is general information, not legal advice. In rejection files the right path depends entirely on the stated ground and your personal circumstances, assess your options with a lawyer.
There is no single right answer; it turns on the ground of rejection.
Reapplication makes sense where the defect is curable, a missing document can be completed, the income condition is now met, or the residence period has since been satisfied. A fresh, properly prepared file often delivers a result faster than months of litigation.
An annulment action is the right path where the rejection is unlawful: no reasons were given, the residence period was miscalculated, the genuineness of the marriage was dismissed without foundation, or the rejection rests on a restriction code. The action must be filed with the administrative court within 60 days of notification. Where a restriction code underlies the rejection, its removal should be sought in the same case.
Deadline warning: The 60-day period is strict and runs from notification of the decision. Whether e-mail or in-system notifications count as formal notification can vary by file, document the dates and do not wait.
Naturalisation is an area where the state enjoys broad discretion, meeting the conditions does not create an automatic right. But discretion is not unlimited: the administration must exercise it lawfully, consistently and with reasons. That is precisely where judicial review comes in. Rejecting an applicant who satisfies the statutory conditions without articulating a concrete ground is a recurring basis for annulment in the case law.
To be candid, a large share of rejection files are lost at the application stage, not the decision stage. These processes cut across several authorities (migration directorates, civil registries, ministries, banks) and preparing the file in the right order, with the right content and according to current implementation practice, lowers the rejection risk from day one. An hour of legal review before filing is always cheaper than months of litigation after a rejection.
We assess the grounds of your rejection and your file, and determine the right path together, reapplication or litigation. Deadlines are short; if you have received a decision, don't wait.
Request a Free Initial Consultation