Our firm never had such an experience where someone was denied citizenship-by-investment, the simple reason being that if investors provide all the necessary documentation and have a clean criminal record, there is no reason why such an application is to be rejected. Therefore, one needs to make sure to comply with all of the necessary documentation and criteria. If investors do not fulfill such criteria, they shall be rejected. The Council of Ministers has the discretion to approve or reject the applications.
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Does Cyprus have an appeal process for denied citizenship-by-investment applications?
I am considering applying for citizenship in Cyprus to improve my global mobility. However, I am a very cautious person and am wondering if I have any recourse should my application get denied. Is there an appeal procedure?
Answers
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There is no appeal process for denied citizenship-by-investment applications. However, from experience, candidates who get rejected are those who do not have a clean criminal record or his/her due-diligence results are not clean.
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Firstly, I would like to note that up to now, we as a law firm, have no rejections. The reason for this is that the criteria to obtain citizenship through the Cyprus Investment Program (CIP) are straightforward and well-known in advance. Therefore, we can advise interested clients if they will qualify or not for this program, in advance. Having said that, the discretion to approve or reject any CIP application lies with the Council of Ministers. In case that there will be a rejection, there is an appeal procedure. In addition to this, the Council of Ministers may also require additional information or clarification if needed.
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The decision on whether your application for citizenship will be accepted or rejected is upon the absolute discretion of the authorities. In the unfortunate case of rejection (and taking into account that everything is done legally and as instructed), please note that you may exercise your legal rights and appeal the decision.
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Rejected applications can be reviewed again upon written request to the ministry substantiation their case.
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If you fulfill the criteria set for the citizenship application, your application will not be rejected. If you do not, the application will be rejected and there is no way in appealing the decision of the council of ministers because citizenship is given on the basis of specific criteria (investment, non-criminal record and being able to provide source of funds) and by exception. Therefore if the criteria are not fulfilled there is no eligibility and no right to appeal.