CONDITIONS FOR GRANTING RESIDENCE PERMITS TO FOREIGNERS AND THE PROCEDURE FOR APPEALING RESIDENCE PERMIT REJECTIONS IN TURKEY
Granting residence permits to foreigners is one of the fundamental principles envisaged by international law, requiring states to exercise their sovereign rights while also acting in a manner respectful of human rights. In this context, a residence permit in Turkey is considered a dual legal mechanism that not only serves the state’s aims of protecting its own security, public order, and health but also safeguards individuals’ rights to personal security, shelter, and settlement. In cases of rejection, the Residence Permit Refusal Appeal in Turkey ensures that applicants have the opportunity to challenge such decisions through legal remedies, reflecting the balance between state sovereignty and individual rights.
In Turkey, a residence permit carries the nature of both an obligation and a right for foreign nationals aiming to stay in the country for extended periods. The relevant types of permits are determined by considering the purpose and duration of the foreigner’s stay; applications are evaluated and decided upon by the Provincial Directorates of Migration Management under Law No. 6458 on Foreigners and International Protection.
A residence permit in Turkey constitutes a legal status granted to foreigners who have entered the country under a visa or visa exemption and is limited to a specific period. This status becomes mandatory in cases of stays exceeding 90 days; otherwise, the individual’s presence in Turkey becomes unlawful. This permit system, implemented to make the management of migration systematic and subject to control, is also significant in clarifying the legal status of foreigners in terms of social integration, security monitoring, and access to public services. Thus, while ensuring public order and security, the presence of foreign individuals in Turkey is framed within a legal context, aiming at the balanced implementation of mutual rights and obligations.
WHAT IS A RESIDENCE PERMIT IN TURKEY?
In Turkish law, the admission of foreigners into the country and the determination of the conditions for such admission are considered a manifestation of the state’s sovereign authority, and in this regard, the state is granted broad discretionary power. In this context, in order for foreign nationals to reside in Turkey, they must first enter the country in accordance with the provisions of the Passport Law No. 5682 and the Law No. 6458 on Foreigners and International Protection. A residence permit is a legal status that allows foreigners to stay in Turkey for a certain period; however, this status is not only aimed at protecting public order and security but also serves as a public policy tool safeguarding Turkey’s national interests.
A residence permit is the fundamental document that enables an individual to be present in Turkey legally and regularly. However, for a granted residence permit to be considered valid, it must be used within 6 months from the date of issuance; otherwise, it loses its validity and is cancelled by the administration. This reflects the state’s aim to ensure continuity, control, and efficiency in its migration management policies.
The legal regulations regarding residence permits reveal that this permit is of strategic importance, not only as an individual right but also in terms of maintaining public order, preventing potential security risks, and registering the foreign population in the country. Therefore, like every state, Turkey is not under an absolute obligation to grant residence permits to foreigners. States have the right to evaluate applications and reject them if necessary within the procedures and principles set forth in their domestic law.
In case of rejection of a residence permit application in Turkey, the applicant is granted the right to appeal against this decision through domestic legal remedies. In Turkey, individuals concerned can file an annulment lawsuit before administrative courts against such administrative decisions to have the rejection reviewed for its compliance with the law. This is an important reflection of judicial protection mechanisms that guarantee the fundamental rights and freedoms of foreigners.
WHAT ARE THE DURATION OF RESIDENCE PERMITS FOR FOREIGNERS IN TURKEY?
A residence permit is a mandatory legal status for foreign nationals who wish to stay in Turkey for longer than the period granted under their visa or visa exemption. Every foreigner planning to stay in Turkey for more than 90 days is obliged to obtain a valid residence permit. This regulation has been introduced to ensure that individuals reside on a legal basis and to enable effective control of migration management.
The duration of a residence permit in Turkey varies depending on the type of permit applied for. Residence permits regulated under Turkish law are classified according to the foreigner’s purpose of stay in Turkey, and the durations granted for each type are determined within legal limits.
- Short-term residence permits in Turkey are generally issued to foreigners who wish to stay in Turkey for purposes such as tourism, business meetings, education, medical treatment, or real estate investment, and are usually granted for a maximum of two years. However, the administration may determine a shorter period depending on the nature of the application.
- Long-term residence permits in Turkey can be granted indefinitely to foreigners who have resided in Turkey continuously for at least eight years and meet other legal conditions. This permit indicates a status where the foreigner is considered to have made their stay in Turkey permanent.
- Family residence permits in Turkey are granted to the spouse, minor child, or dependent foreign family members of a Turkish citizen or a foreigner legally residing in Turkey, and this permit can be issued for up to three years.
These durations are evaluated by the Provincial Directorate of Migration Management based on the foreigner’s legal status and the content of their application. The administration may limit the duration of stay or reject the application for reasons such as public order, public security, or public health. As a result, while the durations of residence permits in Turkey are regulated flexibly according to the reason and length of the foreigner’s stay, they are shaped within legally defined frameworks.
HOW TO GET A RESIDENCE PERMIT IN TURKEY?
For foreigners who want to get a residence permit in Turkey, the application process can be carried out through two different methods, depending on whether the individual is inside or outside the country. These applications to get a residence permit in Turkey can be made directly by the person or, if a power of attorney is given, through their legal representative or lawyer. During the application process, the foreigner’s address of residence in Turkey, the completeness of the application documents, and the accuracy of the declared purpose of stay are among the determining factors.
Application for Residence Permit from Abroad:
Foreigners can apply for a residence permit at the Turkish foreign missions (embassy or consulate) in their country before coming to Turkey. The consulate conducts a preliminary assessment by examining the documents and declarations submitted by the applicant and forwards the application to the Directorate General of Migration Management. After the relevant authorities complete the necessary examinations, they evaluate the application. Applications are finalized within a maximum of 90 days, and the result is notified to the applicant through the consulate. This method is important as it allows foreigners to establish their legal residence status before arriving in Turkey.
Application for Residence Permit from Within Turkey:
Foreigners who are already inside Turkey can start their residence permit applications online via the e-residence system (https://e-ikamet.goc.gov.tr). As a result of the online application, an appointment date and time are provided to the applicant; this appointment takes place at the Provincial Directorate of Migration Management in the province where the foreigner plans to reside. On the appointment date, it is mandatory to appear in person with the required documents. In some cases, depending on the type of application, governorates may also be involved in the evaluation process.
In both methods, for foreigners to get a residence permit in Turkey, they must meet certain conditions, submit complete documents, and ensure that their purpose of stay in Turkey is lawful. Additionally, residence permits may be granted at the discretion of the authorities in favor of foreigners who do not pose a threat to public order, public security, or public health. In case of rejection, the applicant may file an annulment lawsuit before the administrative court to seek judicial remedy. Overall, the process to get a residence permit in Turkey is subject to both administrative and judicial review.
WHAT ARE THE RESIDENCE PERMIT TYPES IN TURKEY?
The residence permits types in Turkey are regulated under the Law on Foreigners and International Protection No. 6458, and they are classified into six main categories based on the foreigners’ reasons for staying in Turkey. Each type of residence permit is granted under specific conditions and differs in terms of its duration and the rights it confers.
1- Short-Term Residence Permit:
The short-term residence permit in Turkey is a type of permit issued to foreigners who wish to stay in Turkey for a limited period. Among the residence permit types in Turkey, the short-term residence permit is the most commonly applied for by foreigners wishing to stay in Turkey for a limited period. This permit is generally applied for purposes such as tourism, establishing commercial relations, conducting scientific research, purchasing real estate in Turkey, or accessing healthcare services. It can be granted for a maximum duration of two years each time. The authorities have the discretion to issue a permit for a shorter period or to refuse an extension based on the content of the application.
- Foreigners Coming for Scientific Research: (A permit document related to the scientific research must be submitted during the application process.)
- Foreigners Who Own Real Estate in Turkey: (The property must have residential status.)
- Foreigners with Commercial Connections or Planning to Start a Business: (Invitation letters sent by companies can be presented as a basis.)
- Foreigners Participating in In-Service Training Programs: (Documents detailing who will provide the training and its duration must be submitted.)
- Foreigners Coming for Education or Similar Purposes under Agreements or Student Exchange Programs: (The permit duration will match the education period.)
- Foreigners Staying for Tourism Purposes
- Foreigners Receiving Medical Treatment Provided They Do Not Carry Diseases Deemed a Public Health Threat: (The permit duration will consider the treatment period. Only the person receiving treatment will benefit from this permit, not their attendants.)
- Foreigners Required to Stay in Turkey Due to Judicial or Administrative Decisions or Requests
- Foreigners Switching to a Short-Term Residence Permit after Losing the Conditions for a Family Residence Permit
- Foreigners Attending Turkish Language Courses: (The course must be approved by the Ministry of National Education.)
- Foreigners Participating in Education, Research, Internship, or Training Programs via Public Institutions: (The permit is granted for a maximum of 1 year.)
- Foreigners Graduating from Higher Education Institutions in Turkey and Applying within Six Months of Graduation: (Granted for a maximum of 1 year at a time.)
- Foreigners Not Working in Turkey but Making Investments of Scope and Amount Specified by the Council of Ministers, and Their Foreign Spouses, Minor or Dependent Foreign Children of Themselves and Their Spouses: (The maximum duration is 5 years.)
- Foreigners Who Are Citizens of the Turkish Republic of Northern Cyprus: (The maximum duration is 5 years.)
2- Family Residence Permit in Turkey:
This type of permit is issued for the spouse, minor children, or dependent foreign family members of a Turkish citizen, or a foreigner holding a residence permit or international protection status in Turkey. The family residence permit in Turkey can be granted for a maximum duration of three years per application. It is an important status for preserving family unity and ensuring the right to live together. To be eligible to apply for a family residence permit, there must be no ongoing divorce proceedings like divorce lawsuit between the parties.
3- Student Residence Permit in Turkey:
One of the residence permits types in Turkey is issued to international students who wish to pursue undergraduate, graduate, doctoral, or similar level education at a higher education institution in Turkey. This permit is granted for the duration of the student’s registered education program. The student residence permit ensures the legal stay of students and grants them the right to reside in Turkey throughout their education period.
4- Long-Term Residence Permit in Turkey:
This is a permanent residence permit granted to foreigners who have legally resided in Turkey for at least eight consecutive years under a valid residence permit, provided certain conditions are met. Foreigners holding a long-term residence permit enjoy a status close to Turkish citizens in terms of social rights; however, they do not have political rights, such as the right to vote or be elected.
5- Humanitarian Residence Permit:
This permit is granted at the discretion of the authorities to foreigners who need to stay in Turkey due to extraordinary and compulsory circumstances, cannot be temporarily deported, or have applied for international protection. The duration and scope of this permit are determined according to the nature of the situation and is primarily intended for individuals facing human rights violations.
6- Residence Permit for Victims of Human Trafficking:
This is a special type of residence permit given to foreigners who have been subjected to human trafficking and are in need of protection. It is initially issued temporarily for 30 days and can be extended considering the victim’s safety and treatment process. This permit aims to ensure the rehabilitation of victims without risk of re-exploitation.
The application requirements, durations, rejection, cancellation, and extension procedures for each type of residence permit are detailed in the Law on Foreigners and International Protection and related regulations. Therefore, it is important that foreigners apply for the residence permit type that best suits their purpose of stay and meet the necessary conditions to increase the likelihood of a successful residence permit application in Turkey.
DO FOREIGNERS WITH A WORK PERMIT IN TURKEY NEED TO OBTAIN A RESIDENCE PERMIT?
The work permit or exemption certificate issued by the Ministry of Labor and Social Security of Turkey serves as a substitute for a residence permit as long as it remains valid. If a foreigner is employed under an employment contract within the scope of Turkish labor law at a company established in Turkey, a branch of a foreign company in Turkey, a liaison office, or providing services to an employer, and has been registered with the Social Security Institution (SGK), they do not need to obtain a separate residence permit.
However, the end date of the work permit is also considered the end date of the right to reside in Turkey. If the foreigner is dismissed in Turkey and the work permit is canceled, or if the work permit is not extended, or if the foreigner does not obtain a new residence permit appropriate to their status after the work permit expires, they are considered to be in violation of residence permit regulations.
Nevertheless, work permits issued to International Protection Applicants, Conditional Refugees, and foreigners under Temporary Protection status are not considered as substitutes for residence permits.
CONDITIONS FOR APPLYING FOR A RESIDENCE PERMIT BY PURCHASING A HOUSE IN TURKEY
Significant regulations have been introduced in recent years regarding obtaining a residence permit in Turkey for foreigners through real estate acquisition. These regulations aim both to enhance the quality of property-based residence permit applications and to establish a more controlled system that prioritizes public interest.
Specifically, since the implementation of the regulation in July 2022, the possibility of obtaining a residence permit based on a rental agreement has been removed, and ownership of the property has become a mandatory requirement. Accordingly, foreigners applying for a residence permit in Turkey must be the actual and legal owners of the property where they intend to reside.
Furthermore, with the regulation dated October 16, 2023, a minimum economic value criterion was introduced for residence permit applications based on real estate acquisition. According to this:
- The value of the purchased property must be at least 200,000 US Dollars.
- The sale price declared in the title deed is taken as the basis for determining this value, and the amount must correspond to the equivalent Turkish Lira value based on the Central Bank of the Republic of Turkey’s exchange rate on the date of the deed transaction.
- The purchased property must be residential in nature and must have either condominium ownership or at least a floor servitude established.
- To verify compliance with legal requirements, a “Real Estate Appraisal Report” prepared by a licensed Real Estate Appraiser authorized by the Capital Markets Board (SPK), also known as an “Expertise Report,” must be included in the application file. This report must be prepared according to internationally accepted valuation standards and clearly demonstrate that the property meets the minimum value requirement. The appraisal report is part of the documents submitted to the Provincial Directorate of Migration Management and is an essential part of the residence permit application process.
With these regulations, the Republic of Turkey aims not only to encourage real estate acquisition but also to establish a systematic, secure, and controllable foreign residence policy. Failure to fully comply with the application requirements may result in the rejection of the residence permit application in Turkey, and applicants have the right to file a lawsuit against the residence permit denial decision in Turkey within the scope of domestic law.
The list of cities where a residence permit can be obtained by purchasing real estate is continuously updated by the administration. Therefore, before applying for a residence permit, it is essential to obtain information from the relevant Metropolitan Municipality.
- Adana – Adana Metropolitan Municipality
- Ankara – Ankara Metropolitan Municipality
- Antalya – Antalya Metropolitan Municipality
- Aydın – Aydın Metropolitan Municipality
- Balıkesir – Balıkesir Metropolitan Municipality
- Bursa – Bursa Metropolitan Municipality
- Denizli – Denizli Metropolitan Municipality
- Diyarbakır – Diyarbakır Metropolitan Municipality
- Erzurum – Erzurum Metropolitan Municipality
- Eskişehir – Eskişehir Metropolitan Municipality
- Gaziantep – Gaziantep Metropolitan Municipality
- Hatay – Hatay Metropolitan Municipality
- İstanbul – Istanbul Metropolitan Municipality
- İzmir – İzmir Metropolitan Municipality
- Kahramanmaraş – Kahramanmaraş Metropolitan Municipality
- Kayseri – Kayseri Metropolitan Municipality
- Kocaeli – Kocaeli Metropolitan Municipality
- Konya – Konya Metropolitan Municipality
- Malatya – Malatya Metropolitan Municipality
- Manisa – Manisa Metropolitan Municipality
- Mardin – Mardin Metropolitan Municipality
- Mersin – Mersin Metropolitan Municipality
- Muğla – Muğla Metropolitan Municipality
- Ordu – Ordu Metropolitan Municipality
- Sakarya – Sakarya Metropolitan Municipality
- Samsun – Samsun Metropolitan Municipality
- Şanlıurfa – Şanlıurfa Metropolitan Municipality
- Tekirdağ – Tekirdağ Metropolitan Municipality
- Trabzon – Trabzon Metropolitan Municipality
- Van – Van Metropolitan Municipality
WHAT DOCUMENTS ARE REQUIRED FOR A RESIDENCE PERMIT APPLICATION IN TURKEY?
The documents required for foreigners applying for a residence permit in Turkey vary depending on the type of residence permit being applied for. Therefore, it is very important to consult the latest document list published by the Directorate General of Migration Management before starting the application process. Preparing the application documents completely and accurately is a key factor for the application to be approved.
The residence permit application in Turkey is primarily submitted online through the e-residence system (e-ikamet). After scheduling an appointment in the system, the applicant or their legal representative must visit the Provincial Directorate of Migration Management in person on the designated date and time. To ensure the process runs smoothly, it is recommended to carefully follow the steps below before applying:
- Appointment Date and Attendance: Attendance at the appointment scheduled via the e-residence system on the specified date and time is mandatory. Failure to attend without a valid excuse may result in the cancellation of the application process.
- Application Form: The residence permit application form, which includes the applicant’s personal information and the requested type of residence permit, must be filled out completely and signed by the applicant.
- Passport and Copies: The original passport, along with photocopies of the identity pages and entry-exit stamps, must be included in the application file.
- Biometric Photos: At least four recent biometric photos taken on a white background and compliant with ICAO standards are required.
- Valid Health Insurance: Depending on the applicant’s age and the type of residence permit applied for, documents related to private health insurance or general health insurance may be requested.
- Criminal Record: The applicant’s criminal record is important, especially for public order and security reasons. Submission of a clean criminal record certificate may be mandatory. Applications may be rejected if the applicant has convictions for offenses such as insult, domestic violence, fraud, or international parental abduction.
- Proof of Financial Means: The applicant must submit evidence of sufficient economic means to support themselves during their stay in Turkey, such as bank statements, salary slips, or income declarations.
- Documents Related to Residence Address: If the applicant will reside in their own property, the title deed should be submitted. If renting, a notarized lease agreement must be provided. For property-based applications, a real estate appraisal report may also be required.
- Additional Documents: Depending on the type of residence permit applied for (e.g., student, family, humanitarian residence permits), additional documents may be requested, such as student certificates, marriage certificates, or sponsorship documents.
The applicant must prepare the above-mentioned documents completely and accurately and present them to the Provincial Directorate of Migration Management on the appointment date. If any additional documents are requested or if there are deficiencies during the application, the applicant should promptly obtain the necessary documents from the relevant institution. The residence permit process in Turkey requires careful attention both legally and administratively.
WHAT ARE THE COSTS FOR A RESIDENCE PERMIT IN TURKEY?
The fees to be paid for a residence permit in Turkey are updated annually. The amounts valid for 2025 are as follows:
| Fee Item | Amount (TRY) |
|---|---|
| Stamp Duty (Card) Fee | 810 TL |
| Application Fee | Between 1,040 and 3,000 TL depending on applicant’s nationality group (e.g., general fee 1,040 TL – some nationalities are exempt) |
| Single Entry Visa Fee | 7,882.70 TL |
| Health Insurance | Varies by age, generally between 10,000 and 15,000 TL |
| Notary & Translation Fees | Approximately 2,500–4,000 TL |
| Apostille | 89 TL per page (if required) |
| Lawyer Fees | Varies according to contract |
It is important to note that citizens of Denmark, Ireland, Kosovo, Nepal, Syria, Turkmenistan, Czech Republic, and Sri Lanka are exempt from the application fee but must pay the Single Entry Visa Fee instead.
The fees mentioned above may vary depending on the type of residence permit applied for, the applicant’s age, and nationality. Therefore, it is essential to confirm the current cost details for the residence permit from the Provincial Directorate of Migration Management or official sources.
WHAT TO DO IF RESIDENCE PERMIT APPLICATION IS REJECTED IN TURKEY?
Foreigners who apply for a residence permit in Turkey have their applications evaluated by the relevant administrative authorities under the Law on Foreigners and International Protection. Applications are finalized within 30 days at the latest following the submission of all required documents. As a result of the evaluation, the residence permit request may be accepted, or a rejection decision may be issued.
If a residence permit refusal decision is issued, the applicant is notified in writing. In such cases, foreigners have two main legal options under residence permit rejection appeal in Turkey procedures:
- Administrative Appeal Right : The applicant can file a written objection to the Provincial Directorate of Migration Management that issued the decision within 30 days from the notification of the rejection.
- Judicial Remedy (Annulment Case): The applicant has the right to file an annulment lawsuit before the competent Administrative Court within 60 days from the notification of the rejection decision.
🔔 Important Deadlines to Note:
- Filing an administrative objection does not suspend the deadline for filing a lawsuit. Therefore, even if an administrative appeal is made, if an annulment lawsuit is not filed within the 60-day judicial period, the right to judicial remedy will be lost.
- A person whose residence permit application is rejected is obliged to leave Turkey within 10 days from the notification of the decision. If the foreigner does not leave the country within this period, a deportation order may be issued against them and an administrative fine may be imposed.
- Filing a lawsuit for the annulment of the residence permit rejection decision does not remove the obligation to leave the country. During the appeal or lawsuit process, the person may not have the legal right to stay in Turkey.
For this reason, it is extremely important to strictly follow the deadlines and seek professional legal assistance when filing appeals against a rejection decision in Turkey. Failure to comply with deadlines can lead to serious consequences, such as the risk of deportation and restrictions on future applications.
HOW TO APPEAL A RESIDENCE PERMIT REJECTION IN TURKEY?
In Turkey, rejection of residence permit applications submitted by foreigners is an administrative act, and such acts are subject to judicial review in terms of their compliance with the law. Residence permit rejections in Turkey may be based on various legal or factual grounds, such as failure to submit the required documents completely, not meeting the eligibility criteria, or posing a risk to public order or public security. Since these administrative decisions affect fundamental rights, they are open to judicial scrutiny under administrative law principles.
Administrative Appeal Against Residence Permit Rejection in Turkey
The first legal remedy available against a residence permit rejection is an administrative appeal. This remedy involves submitting a petition to the Provincial Directorate of Migration Management that issued the decision within 30 days of notification, requesting a re-evaluation of the decision. This process is practical and relatively fast, as it allows the administration to correct its own decision. However, if the appeal is rejected or remains inconclusive, the judicial route remains open.
Annulment Lawsuit Against Residence Permit Rejection in Turkey
Filing an annulment lawsuit against a residence permit rejection in Turkey is crucial for the legal protection of a foreigner’s right to reside in Turkey. Through this lawsuit, the lawfulness of the administrative act is reviewed by the court. Based on the evidence in the file, relevant legislative provisions, and legal grounds, the court may decide to annul the administrative decision. In such cases, the rejected residence permit application in Turkey may be re-evaluated, enabling the foreigner to obtain the right to reside legally in Turkey.
a) Competent Court for Annulment Lawsuits Against Rejection Decisions in Turkey
Annulment lawsuits against residence permit rejections in Turkey are filed before administrative courts. The competent and authorized court is the Administrative Court of the province where the residence permit application was filed.
b) Time Limit for Filing an Annulment Lawsuit Against Residence Permit Rejection in Turkey
The lawsuit must be filed within 60 days from the date the rejection decision is notified to the applicant. This is a statute of limitations period; if the lawsuit is not filed within this period, the applicant loses this right.
c) Content of the Petition for Appealing a Residence Permit Rejection in Turkey.
The petition for annulment of a residence permit rejection decision in Turkey must include:
- The date and number of the rejection decision,
- The notification date of the decision,
- The legal grounds for the claim that the decision is unlawful,
- A clear statement of the annulment request,
- The identity and passport information of the applicant,
- Relevant documents and evidence relating to the residence permit application.
d) Request for Suspension of Execution
Along with the lawsuit petition, the applicant may request suspension of execution from the court. If this request is granted, the enforcement of the administrative decision is temporarily halted until the case is concluded, allowing the person to remain in Turkey during the appealing proceedings.
e) Court Evaluation of an Appeal against Residence Permit Rejection in Turkey
In such cases, the court evaluates:
- Whether the administration used its discretion in accordance with the law,
- The grounds for rejection,
- The personal circumstances of the applicant,
- The relevant legislative provisions.
If the court finds the administrative act unlawful, it will issue an annulment decision. As a result, the foreigner regains the right to reapply for a residence permit in Turkey.
Legal Representation in Residence Permit Rejection Cases in Turkey
The appeal and lawsuit process against residence permit rejections encompasses not only administrative judicial procedures but also the specific regulatory framework of foreigner law. Therefore, obtaining legal assistance from a English speaking lawyer in Turkey specialized in immigration and foreigners law is of utmost importance for effective case management.
A professional lawyer identifies the legal and technical errors underlying the rejection decision in Turkey, prepares the objection petitions and case files, and provides representation at every stage of the process. Ensuring procedural compliance of all information and documents submitted to the court increases the chances of a successful outcome. Particularly for suspension of execution requests, justifying the request with solid grounds and supporting evidence requires professional expertise.
The appeal and annulment lawsuit process against a residence permit rejection in Turkey is a multifaceted legal procedure, combining both administrative and immigration law. Strict adherence to deadlines, proper procedural applications, and developing an effective legal defense against the administration’s discretion are crucial. If the administrative act is annulled, the foreigner can regain the right to reside legally in Turkey. Therefore, conducting the legal process meticulously under expert guidance is vital for protecting the individual’s residence rights in Turkey.
HOW LONG IS THE PERIOD TO FILE A RESIDENCE PERMIT REFUSAL APPEAL IN TURKEY?
Administrative procedures related to residence permit applications in Turkey are fundamentally administrative acts. Therefore, for administrative acts to be lawful, they must meet certain criteria for Turkish residence permit rejection reasons.
When it is determined that one of the elements of purpose, subject, reason, authority, or form of these administrative decisions is flawed, they can be annulled by the court. Administrative courts are responsible for examining these elements and evaluating the legality of the decision for Turkish residence permit rejection reasons.
Foreigners who wish to appeal against a residence permit rejection in Turkey in have the right to file a lawsuit requesting the annulment of the decision if they believe the decision is unlawful. The residence permit rejection cancellation lawsuit must be filed in the administrative court where the authority that made the rejection decision is located.
The period to file a lawsuit is 60 days from the date the rejection decision is communicated to the concerned party. There is the possibility of residence permit refusal appeal in Turkey against the decision of the administrative court. The party wishing to appeal the decision of the residence permit rejection cancellation lawsuit in Turkey can submit an appeal petition to the court that issued the decision within 30 days from the date of notification of the decision.
WHAT ARE THE TURKISH RESIDENCE PERMIT REJECTION REASONS?
Turkish residence permit rejection reasons can be based on various reasons. Before initiating the process of residence permit refusal appeal in Turkey, it is crucial to understand the reason for the rejection. Factors leading to the rejection of an application may include failure to meet application requirements, incorrect procedural steps, or errors in timing.
The rejection of a residence permit application in Turkey typically occurs when there is at least one reason for rejection. Therefore, it is essential to determine whether such a reason exists for the applicant.
Turkish residence permit rejection reasons are regulated in various legal provisions concerning foreigners. Some of these reasons may apply to all types of residence permits, while others may be specific to certain residence permit types in Turkey.
The rejection of residence permit applications in Turkey generally relies on similar grounds, and these general reasons for rejection can be applicable to most types of residence permits. Common Turkish residence permit rejection reasons are specified in legislation concerning foreigners include:
- Insufficient or Fake Passport and Relevant Documents: A residence permit rejection decision in Turkey may be issued if the applicant’s passport, substitute passport document, visa, or residence permit is missing, invalid, or fake.
- Lack of Entry Documents: Individuals without a valid passport within 60 days after the expiration of the visa, visa exemption, or residence permit necessary for entry to Turkey may face rejection.
- Entry Bans: Residence permits in Turkey may not be granted to individuals banned from entering Turkey.
- Threat to Public Order or Security: A residence permit rejection decision in Turkey may be made if the applicant is deemed to pose a threat to public order or security.
- Health Condition: A rejection decision may be issued if the applicant carries a disease that could endanger public health upon entry to or stay in Turkey.
- Extradition of Criminals: Individuals who do not meet the conditions for the extradition of criminals as per agreements Turkey is a party to may not be granted a residence permit.
- Lack of Health Insurance: A residence permit rejection decision in Turkey may be made if the applicant does not have valid health insurance for the duration of their stay in Turkey.
- Insufficient Financial Means: Residence permits in Turkey may not be granted if the applicant does not have sufficient financial means for the duration of their stay.
- Visa Violations or Debts: A rejection decision may be issued if the applicant has previous visa violations, unpaid tax debts, or pending penalties.
During the residence permit application process in Turkey, attention should be paid to these general reasons for rejection, and all necessary documents should be submitted without omissions, adhering to application requirements. Before commencing the residence permit refusal appeal in Turkey for a rejected residence permit application, seeking legal assistance from an immigration lawyer in Turkey is advisable.
SHOULD A FOREIGNER WHOSE RESIDENCE PERMIT IS REJECTED LEAVE THE COUNTRY?
For foreigners whose residence permit applications are rejected in Turkey, the legal framework regarding their stay in Turkey is quite clear. The residence permit rejection decision in Turkey becomes effective as soon as it is notified to the foreigner, and it is a legal obligation for the foreigner to leave Turkey within a maximum of 10 days after the expiration of their visa or visa exemption period. This obligation is a fundamental practice in terms of Turkey’s sovereign rights and border security.
It is important to note that filing an annulment lawsuit against the residence permit rejection in Turkey does not eliminate the obligation to leave the country. Although filing such a lawsuit is a legal remedy, it does not prevent the 10-day departure period from running. If the foreigner fails to leave Turkey within this period, the administrative authorities may issue a deportation order, and the person may also face sanctions such as administrative fines.
If the foreigner does not wish to leave the country, they may file a request for a stay of execution within the scope of the residence permit refusal appeal in Turkey. A stay of execution request temporarily suspends the enforcement of the administrative decision (in this case, the residence permit refusal) until the lawsuit is concluded. This request serves as an important legal remedy, especially in cases where the foreigner faces hardship or potential harm due to the residence permit rejection or cancellation in Turkey.
However, the decision to grant a stay of execution is at the discretion of the court and is not automatically granted in every case in Turkey. When evaluating a request for a stay of execution within the scope of a residence permit rejection appeal in Turkey, the court considers factors such as the applicant’s potential hardship, the likelihood of the administrative decision being unlawful, and the public interest.
If granted, a stay of execution allows the applicant to benefit from the rights arising from their residence permit during the lawsuit process. However, the court’s decision is discretionary, and applicants must convincingly demonstrate the existence of a valid and urgent situation to obtain such an order.
IS IT POSSIBLE TO REAPPLY AFTER THE REJECTION OF A RESIDENCE PERMIT APPLICATION IN TURKEY?
Foreigners whose residence permit applications are rejected in Turkey are subject to certain legal limitations regarding re-application based on the same grounds. Under Turkish law, it is not possible to submit a new residence permit application on the same grounds within six months from the date the residence permit refusal decision is notified to the applicant. This six-month period begins on the date of notification.
However, if a foreigner wishes to make a new residence permt application in Turkey within this six-month waiting period, they must present new and different grounds from those on which the previous rejection was based. This requirement aims to prevent the administrative authorities from being burdened with repetitive applications without any new justification.
After the six-month waiting period has expired, it becomes possible for the foreigner to submit a new residence permit application in Turkey based on the same grounds. This reflects the temporary effect of the rejection decision and the administration’s right to re-evaluate such applications. Therefore, foreigners whose applications were previously rejected may reapply by improving their application conditions and seeking professional legal assistance to strengthen their case.
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