Missing documents in a residence application: what procedures do European countries have?

In the EU, it is the norm that migrants are permitted to submit additional information at least once in the event of an incomplete residence application. Thereafter, in most EU Member States and EMN Observer Countries, case officers may request missing documents as many times as they deem necessary.

> Read the compilation of answers from 24 EU Member States and EMN Observer Countries* to the EMN Netherlands ad-hoc query**

This is evident from an ad-hoc query with which the Netherlands surveyed European countries on whether, and how often, case officers may request missing information that was absent from a residence application (also referred to as 'remedying incomplete applications').

In the Netherlands, case officers are legally obliged to give applicants for a regular residence permit (including family reunification following recognition) at least one opportunity to supplement an incomplete application before a decision is taken. All other countries also offer this opportunity, although it is not mandatory everywhere.

Deadlines vary 

Procedures and deadlines differ by country. In the Netherlands, applicants for a regular residence permit have 2 weeks to submit additional documents. For family reunification following recognition, the deadline is 4 weeks.

Belgium also has specific rules for different types of applications, such as family reunification and student visas. Austria allows a 'reasonable period', but has not specified a particular duration. Greece allows a maximum of 30 days, with the possibility of extending this period in complex cases.

No formal limit 

As in the Netherlands, case officers in most other countries have the authority to request additional information at their own discretion. In general, there is no formal limit on how often this may be done. Countries do not set a maximum, thereby allowing flexibility for individual situations.

In Slovenia, case officers may also do so without restriction, with the exception that they may only request the same information once. If a specific document is missing and the applicant fails to provide it following a request, that same document may not be requested again.

*Participating countries – Austria (AT), Belgium (BE), Bulgaria (BG), Cyprus (CY), Estonia (EE), Finland (FI), France (FR), Germany (DE), Greece (GR), Hungary (HU), Italy (IT), Croatia (HR), Latvia (LV), Lithuania (LT), Luxembourg (LU), the Netherlands (NL), Poland (PL), Slovakia (SK), Slovenia (SI), Spain (ES), Czechia (CZ), Sweden (SE); Ukraine (UA), Serbia (RS)

**An ad-hoc query (AHQ) is an EMN instrument for gathering information on migration and asylum policy in EU Member States and EMN observer countries.