Your Partner
in Legal Success
| Reading Time: 9 Minutes
Reasons For Rejection of Residence Permit Applications in Türkiye
Foreigners who come to Türkiye (formerly Turkey) for various reasons and wish to reside there have certain rights and are subject to various obligations. In Türkiye, a residence permit establishes a legal basis for foreigners’ residence within the scope of these rights and obligations. The application for a residence permit in Türkiye can be rejected for various reasons. So, what are the reasons for the rejection of a residence permit application in Türkiye? What should be considered in the application for a residence permit in Türkiye? We have compiled the answers to these questions along with the reasons for the rejection of residence permit applications in Türkiye in our article.
Türkiye grants residence permits to foreigners for certain periods. After the period specified by the visa or visa exemption ends, it is necessary to obtain a residence permit. Furthermore, foreigners who need to stay in Türkiye for more than 90 days must apply for a legal residence permit. Residence permit applications are made through the official website of the Provincial Directorate of Migration Management. All the required information in the form opened during the application must be completely filled out.
After this stage, the Provincial Directorate of Migration Management evaluates the information provided by the foreigner who applies for a residence permit in Türkiye. Foreigners who meet the necessary conditions and submit all the required documents for a residence permit application in Türkiye can be granted a residence permit. However, there can also be cases where the residence application is rejected. In such cases, the reasons leading to the rejection of the residence permit application must be addressed.
What Should Be Considered During The Residence Permit Application Process?
In Türkiye, residence permits are granted in accordance with Law No. 6458 on Foreigners and International Protection. A residence permit is an “authorization document” for foreigners who wish to stay in Türkiye. This document grants a foreigner permission to reside in Türkiye for a certain period. The main purpose of this permit is to maintain and protect public order in Türkiye. So, what should be considered when applying for a residence permit in Türkiye? Here are the considerations for the residence permit application:
- Firstly, foreigners must apply for a stay permit through the online system.
- During this application, a form is filled out, and documents for the residence permit are required.
- There are different types of residence permits. Attention must be paid to the type of residence permit during the application; otherwise, the application may be rejected.
- Foreigners who completely fill out the residence permit form, submit all required documents, and meet the necessary conditions and criteria for the type of residence permit can obtain a stay permit in Türkiye.
- It is mandatory for foreigners to apply through the online residence system.
- Foreigners applying must be present at the Directorate of Migration Management in the province they wish to live in at the appointed date and time set by the residence system.
- If the foreigner applying for a residence permit is not present at the Directorate of Migration Management at the scheduled time, their application will be canceled and considered never made.
- If the foreigner provides a valid excuse, the Directorate of Migration Management may request some information and documents.
- Applications by foreigners wishing to extend their residence permits in Türkiye are carried out in the same manner as the initial application procedures.
- After the application, the relevant Directorate of Migration Management units begin the examination and evaluation process. This process is completed within 90 days. The result of the evaluation may be either the rejection or acceptance of the residence permit application.
What Are The Reasons For The Rejection of a Residence Permit Application?
As stated in the relevant Law, a residence permit in Türkiye is a permit obtained to stay in the country for a certain period. Accepting or rejecting a residence permit is at the discretion of the Directorate of Migration Management. Residence permit applications are generally rejected due to procedural errors. So, what are the reasons for the rejection of a residence permit application? What should I do if my residence permit application in Türkiye is rejected? Here are the reasons for the rejection of a residence permit application under the Law on Foreigners and International Protection:
- Wrong selection of the type of residence permit or the applicant not being suitable for the type of residence permit they applied for,
- Applying for a residence permit after the expiration of the visa exemption period,
- The foreigner applying for a residence permit previously being subject to a deportation order or entry ban to Türkiye,
- The foreigner not meeting the necessary conditions within the framework of the type of residence permit,
- The passport, passport substitute document, or visa presented by the foreigner in the residence permit application being fraudulently obtained or counterfeit,
- The foreigner requesting a residence permit not having sufficient and regular means necessary for residing in Türkiye,
- Lack of accommodation meeting health and safety standards,
- The foreigner having a health problem or disease that threatens public health,
- The purpose of the residence permit application not being based on a valid reason or objective,
- The foreigner not having a passport or a passport substitute document valid for at least 60 days from the end of the visa, visa exemption, or residence permit period,
- The foreigner not having valid health insurance for the period they wish to stay in Türkiye,
- Non-acceptance of necessary payments such as visa violations, debts arising from previous residence permits, debts under the Law on the Collection of Public Debts,
- Non-acceptance of potential debts, dues, and penalties under the Turkish Penal Code,
- The foreigner not presenting a criminal record certificate issued by the official authorities of the country of which they are a citizen,
- Misuse of a previous residence permit,
- Not declaring an address for residence in Türkiye.
Foreigners who have one or more of the above-mentioned reasons may have their residence permit application rejected. Therefore, it is recommended that the residence permit application be made with legal expertise on a legal basis.
Strategies to Reduce the Risk of Rejection in Residence Permit Applications
Foreigners who want to obtain a residence permit in Türkiye may have their applications rejected due to simple oversights during the application stage. There are many factors to consider in a residence permit application, as detailed in Law No. 6458 on Foreigners and International Protection. It’s crucial to adhere to the provisions and application requirements specified in the Law during the application. To avoid rejection, seeking support from a law office specializing in immigration is important. Immigration lawyers and experts in law offices will consider all provisions and conditions for a residence permit as prescribed by the Law, thus preventing potential problems that foreigners might face during the application. This way, foreigners seeking a residence permit can save time and cost and obtain their permit without issues.
Regions Where Applications Can or Cannot Be Made
There are specific provinces, districts, or neighborhoods in Türkiye where residence permit applications can or cannot be made. The Directorate of Migration Management has not announced the updated list of prohibited areas for 2023. Therefore, it is necessary to obtain information directly from the Directorate. At MGC Legal Law Office, our immigration experts, lawyers, and attorneys provide expert legal support on locations where residence permit applications can be made. In this context, we personally visit the Directorate of Migration Management to inquire about the address of the house in the province, district, and neighborhood where the foreigner will reside. Accordingly, we inform the foreigner whether the address they intend to reside at is suitable for registration.
What Can Be Done if a Residence Permit Application is Rejected?
We had previously explained the reasons for the rejection of residence permit applications in Türkiye. When one or several of these reasons arise, the Directorate of Migration Management can reject the residence permit application. So, what can be done if a residence permit application is rejected? If a residence permit application is rejected, a new application can be made within six (6) months. Following the rejection decision, the foreigner must leave the country within ten (10) days. The situation after a residence permit rejection can be summarized as follows:
- If the Directorate of Migration Management rejects the residence permit application after review, it properly notifies the foreigner.
- An annulment lawsuit can be filed against the rejection decision within 60 days.
- At this stage, the applicant foreigner is requested to leave the country within ten days.
- If the foreigner invited to leave the country continues to stay in Türkiye, they may be legally deported, and administrative actions may be taken to prevent them from re-entering the country. Additionally, administrative fines may be imposed.
- Filing an annulment lawsuit does not change the requirement for the foreigner to leave the country within ten days. That is, even if a person whose residence permit application was rejected files an annulment lawsuit, they must leave the country until the case is concluded.
An annulment lawsuit for the rejection decision, which is limited to a 60-day period, can be filed in the Administrative Court. This lawsuit is very sensitive and requires extreme care and attention. Therefore, it is recommended first to seek support from an immigration consultant or a law office specializing in immigration in case of a residence permit application rejection.
Reapplication Process After the Rejection of a Residence Permit Request
A reapplication can be made after the rejection of a residence permit request. In case of rejection of a residence or extension of residence permit application, there is an opportunity to apply again within six months. In this case, the purpose of the residence permit request must be based on a different reason. If foreigners reapply with the same reasons that led to the initial rejection, their residence permit application will likely be rejected again. However, an application for the same reasons can also be made after six months. The six-month period starts from the day following the notification of the rejection decision of the residence permit application.
Cancelation Lawsuit Against Residence Permit Rejection
A cancelation lawsuit can be filed against the rejection of a residence permit. This lawsuit can be filed directly without appealing to the competent authority, and it can also be filed after the appeal process. The competent court for residence permit cancellation lawsuits is the Administrative Court in the province or district where the institution that made the rejection decision is located. The time limit to file a residence permit cancelation lawsuit is 60 days from the day the rejection decision is notified. To file a cancelation lawsuit after the rejection of a residence permit application, a petition clearly stating the reasons for appeal must be prepared. The petition for the cancellation lawsuit should include documents and information justifying the residence permit request.
How Long Does a Residence Permit Rejection Lawsuit Take?
Foreigners who wish to reside in Türkiye and whose residence permit applications are rejected can file a lawsuit for the rejection of the residence permit. How long does a lawsuit for the rejection of a residence permit take? The duration of a residence permit rejection cancelation lawsuit can vary depending on the type of residence permit and the reasons provided by the foreigner filing the lawsuit. A lawsuit for the cancellation of the rejection of a residence permit application can be filed within 60 days after the rejection decision. The lawsuit process will unfold according to the calendar of the Administrative Court.
Competent and Authorized Court for Cancelation Lawsuit Against Residence Permit Rejection Decision
In a cancelation lawsuit against the rejection of a residence permit application, the administrative courts in the province or district where the authority that made the rejection decision is located are competent and authorized. The administrative court’s decision in the cancelation lawsuit can be appealed; the decision of the cancelation lawsuit can be contested. Foreigners who wish to use the appellate process must submit an appeal petition to the court that made the decision within 30 days following the day after the decision is notified. Following this application, the regional administrative court will review the appeal petition. The decision the regional administrative court made in the final stage is definitive, and there is no possibility of appeal. Therefore, it is recommended that foreigners who want to file a cancelation lawsuit against the rejection of a residence permit seek support from law offices specializing in immigration.
Frequently Asked Questions (FAQs)
Does a Foreigner Whose Residence Permit Application is Rejected Have to Leave The Country Immediately?
A foreigner whose residence permit application is rejected is given ten days to leave the country. This period starts the day after the decision is notified. Foreigners who do not leave within this period may face deportation, entry ban to the country, or administrative fines.
What Happens if a Foreigner Whose Residence Permit is Rejected Does Not Leave The Country?
A foreigner whose residence permit is rejected must leave the country within the specified period. If they do not leave, a deportation order is issued. Additionally, the foreigner may face certain legal situations specified in the Law for not leaving.
Benefits of Working with a Consultant
Residence permit applications for foreigners involve official and legal procedures. To ensure that a residence permit application is not rejected, it is important to work with a law office or a consultant specializing in Immigration Law.
What are the reasons for the rejection of a residence application? What should be done if the reason for the residence application is rejected? What should I do if my residence permit application is rejected? What should be done in case of a residence permit application rejection? It is important to seek support from experts for answers to these and similar questions. Otherwise, one may face situations like deportation or an entry ban to the country.
Conclusion
Foreigners who wish to obtain a residence permit and live in Türkiye may overlook some procedures in their residence permit applications. If the procedures for the residence permit application and the required documents are incomplete, there is a likelihood of facing application rejection. In such cases, the applicant foreigner needs to leave the country within a short period and may choose to start the application process again. Restarting the process can lead to time and work loss if foreigners’ residence permit applications are rejected.
Therefore, it is advisable to seek support from a lawyer or an attorney specializing in Immigration Law for the residence permit application procedures. MGC Legal provides legal services with lawyers and attorneys who are experts in Immigration Law. You can obtain professional legal support from MGC Legal for applying for a residence permit, guidance on what to do in case of a residence permit application rejection, and all related processes.
Also Read:
