Residence Extension Filed Late: Return Decision Annulled by the Timisoara Court of Appeal

At a glance

Client: a Vietnamese national with a right of residence in Romania

Area: immigration law, administrative litigation

The problem: a return decision over a short delay in filing the extension

Result: decision annulled by Decision no. 27/2024 of the Timisoara Court of Appeal, application examined on the merits

The facts

The client held a right of residence in Romania and filed his extension application shortly after it expired.

The immigration authority did not examine the application. It went straight to the most severe measure, a return decision, without weighing the circumstances of the delay or the client's situation in the country.

What we did

We challenged the proportionality of the measure

We argued that a short filing delay does not justify return where the substantive conditions for extending residence were met, and that the authority was required to examine the application rather than sidestep it.

We asked the court to compel a decision

We sought not only annulment but an order requiring the immigration office to continue examining the residence permit application. Without that head of claim, the file would have gone back to square one.

The outcome

By final Decision no. 27/2024, the Timisoara Court of Appeal annulled the return decision and ordered the competent authorities to decide the residence extension application.

What the file shows

Filing late does not automatically mean losing the right of residence. The authority must examine the substantive conditions and apply a measure proportionate to the breach.

How the claim is framed matters as much as the substantive argument. Bare annulment leaves the file in limbo; an order to decide closes it.

Frequently asked questions

I filed my extension after my permit expired. What happens?

The authority may issue a return decision, but it can be challenged. The review looks at the reason for the delay, whether the substantive conditions are met, and proportionality.

What is the deadline to challenge a return decision?

10 days from service, before the court of appeal. It is a forfeiture deadline.

How far in advance should the extension be filed?

At least 30 days before the right of residence expires. Filing early removes the most common ground for refusal.

Can I stay in Romania while the case is pending?

Challenging in time generally suspends enforcement of the measure, but this depends on the grounds of the decision and the stage of the case.

What happens after a return decision is annulled?

The authority resumes examining the extension application and, where the court has expressly ordered it, must decide on the merits.