Representation in the Proceedings (Power of Attorney)

REPRESENTATION BY A LEGAL REPRESENTATIVE

REPRESENTATION BASED ON A POWER OF ATTORNEY (POA)

For the purposes of the Foreigners Act, foreign nationals over 15 years of age capable of expressing their will and acting independently are recognised to have a legal capacity1. It means that:

  • foreigners under 15 years of age must be represented by their legal representative2,
  • a legal representative can act for a foreigner who is over 15 years of age only based on a PoA.

The Ministry of the Interior will assign a custodian to the foreigners under 15 years of age who do not have a legal representative, or who have a legal representative who is unable to represent them, or who do not have a custodian.


1 § 178 on the Residence of Foreigners.

2 § 32 of the Administrative Procedure Code.