Notification, Translation, Power of Attorney and Applications from Abroad
Notification and translation procedures matter so that the foreign national can understand the content of the decision and the route of recourse. The language in which the decision was explained, whether an interpreter was present, the date of notification, the documents delivered and the signed records can affect the calculation of the time limit and the right of defense.
For persons who are abroad, the country in which the power of attorney is issued, whether an apostille or certification is required, and translation and notarial procedures are determined in advance. Although online meetings and secure document sharing can be used, not every procedure can be completed remotely; the requirements before a consulate, a notary, an administrative authority or a court are planned separately.
Administrative Fines and Other Administrative Procedures Concerning Foreign Nationals
Administrative fines and public receivable procedures may be imposed on foreign nationals or employers for reasons such as a violation of lawful stay, unauthorized work, breach of the notification obligation, or transport or departure expenses. Because the amounts of fines and the conditions of application may change, the date of the decision, the form of notification, the nature of the violation and the relevant special law are examined together.
The authority for applying against an administrative fine, the time limit and the procedure may vary according to the institution and the law on which the fine is based. For this reason, action should be taken not only on the payment document but on the sanction decision and the notification.
Related detailed pages: Administrative Fines and Administrative Sanctions; Public Receivables, Payment Orders and E-Attachment
Do Not Calculate the Time Limit from the Notice Message
Postal or hand notification
The date the decision was issued, the date it was handed to the post and the date it is legally deemed notified may differ. The time limit for an administrative action as a rule runs from the day following notification. Delivery to the addressee, to another authorized person or by the statutory procedure is examined on the notification receipt. In procedures where the addressee cannot be found, the day the envelope actually reached you may not be the only basis.
What is UETS?
UETS is the National Electronic Notification System operated by PTT. Electronic notification is deemed made at the end of the fifth day following the day it reaches the addressee’s electronic address. An SMS or an e-mail should not be confused with the notification itself. Not reading it in time does not protect the time limit; the evidence record and the statutory date of notification should be kept.
Foreign persons, companies and representatives
Being a foreign national alone does not make all notifications electronic. The notification regime to which the person, the company or the attorney is subject is determined separately. Especially in companies with foreign partners, it should be clear who monitors the UETS account, changes of authority and how the notifications received by the attorney will be shared. Do not write passwords and access codes in general contact forms.
KEP and UETS are not the same system
Registered Electronic Mail (KEP) is a communication system that provides evidence of electronic transmission; not every KEP message is a UETS notification. The fifth-day rule in UETS does not apply to all KEP messages. The legal type of the message, special legislation, the contract and the sending/receiving records are assessed together.
Translation and representation from abroad
Keep the record of the language in which the decision was explained and of the interpreter. It is important to state that you did not understand the notification; do not, however, assume that this automatically stops the time limit. For a power of attorney, the country, the consulate/notary method, the apostille or certification and the translation requirements are determined according to the document. For a person who has made a protection request, the effect of contact with the authorities of their own country on security or status should be assessed in advance.
Work permit and administrative sanctions
In the refusal or cancellation of a work permit, an objection to the Ministry may be made within thirty days of notification; the judicial route is assessed separately. A work permit, protection, deportation and a fine are not the same application. A single authority or time limit is not proposed for all fines without seeing the special law on which the sanction is based.
Information Needed for the First Consultation
Prepare all pages of the decision, the notification record, your current status, earlier applications and a short chronology of events. If a transfer or application deadline is approaching, mention it in your first message. The file-specific document list and the method of representation are settled in the consultation.