What Should Be Done if the Residence Permit Application is Rejected in Turkey?

I. Residence Permit Application in Turkey

Residence permit is a permit given to foreigners to stay in Turkey. It is regulated by the competent authorities. The residence permit gives the foreigner the right to live in Turkey for a certain period of time and in a certain place.

Foreigners who want to stay in Turkey longer than the visa period or the visa exemption period (usually 90 days.) should apply for a residence permit through the e-residence system. A foreigner who stays in Turkey longer than the aforementioned periods without obtaining a residence permit is deported and has to pay an administrative fine.

The residence permit application is made to the Provincial Immigration Administration. First, the application is made online. Then the Provincial Immigration Administration creates an appointment for you. You will be notified of the appointment date and time. You must attend the said appointment together with the documents requested by the Provincial Immigration Administration for residence permit. Your residence permit application will be accepted or rejected within 90 days at the latest.

Types of residence permits; It is divided into six as short-term residence permit, family residence permit, student residence permit, long-term residence permit, humanitarian residence permit, and human trafficking victim residence permit. It is very important which residence permit you apply for and whether you meet the conditions to obtain the said residence permit. For this reason, it will be in your best interest to work with a lawyer who is expert in his field for your residence permit to be accepted.

 

II. Rejection of Residence Permit Application

It is very important that you meet the necessary conditions for the residence permit you apply for. Otherwise, your residence permit application will definitely be rejected. However, in some cases, even if you apply correctly and you do not have any missing documents, your residence permit application may be rejected at the discretion of the administration.

After your residence permit is rejected, you can receive your rejection notice from the Provincial Immigration Administration. A reason for the rejection of your residence permit application must be submitted by the Provincial Immigration Administration. The reason is written in your rejection notice. You must exit Turkey within 10 days after receiving your refusal notice. Otherwise, you will be deported and you will have to pay an administrative fine.

 

III. Reasons for Rejection of Residence Permit Application

Reasons for rejection of your residence permit;

• Lack of necessary conditions for residence permit

• Existence of a deportation decision regarding the foreigner.

• Existence of a foreigner’s entry ban

• Carrying a disease that would be considered a threat to public health

• Not giving the information of the address where he will stay when he comes to Turkey

• Having applied for a residence permit after violating the visa

• Application for the type of residence permit that is not suitable for the person

• May apply for a residence permit after the visa exemption period has expired.

 

IV. The Way to be Followed After the Residence Permit Application is Rejected

A) Appeal Case Due To Refusal of Residence Permit in Turkey

After your residence permit is rejected, you can file a lawsuit for the annulment of the rejection of your residence permit application at the administrative court. The lawsuit can be filed within 60 days of receiving your refusal notice. A stay of execution is also requested while the lawsuit is filed, and if the court decides to stay of execution, the rejection of your residence permit will stop. But even if you open this case, if you do not leave Turkey within 10 days, you will pay an administrative fine. If the court finds the rejection of your residence permit without reason or with faulty justification, you can make your residence permit application again with the court’s decision.

The lawsuit for the annulment of the rejection of the residence permit application takes between 6 months and 1 year on average. The costs you have to pay to open this case;

• Application Fee: 80.70 TL

• Decision Fee: 80.70 TL

• Fee for Suspension of Execution: 133.00 TL

• Postage Fee: 364.00 TL

• Attorney’s Copy Fee (for each lawyer): 11.50 TL

• Attorney Copy Fee: 11.50 TL

• TOTAL: 669.90 TL.

If the refusal of your residence permit application is not accepted by the court of first instance, you can appeal to the Regional Administrative Court. On average, it takes 6 months for the District Administrative Court to make a decision. The fees you have to pay in order to go to the appeal law;

• Application Fee for Appeal: 220.70 TL

• Appeal Decision Fee: 168,30 TL.

If you leave Turkey within 10 days and re-enter after your residence permit has been rejected, it is possible to apply for a residence permit again. However, if you apply for a residence permit again within 6 months, you must apply for a different type of residence permit for a different reason. It is very important that you consult a lawyer after your residence permit application has been rejected. It is vital that you work with a lawyer in order to open and follow up your cases and to apply for the type of residence permit that suits you.

 

B) Objection to the Deportation Decision

If you do not leave Turkey within 10 days regarding the cancellation of the rejection of your residence permit application after your residence permit application is rejected, a deportation decision will be issued for you. A separate lawsuit must be filed in the administrative court for this deportation decision. Your deportation order will automatically stop when a lawsuit is filed regarding the annulment of the deportation order, and you cannot be deported until the court makes a decision. This case is also very important. To have more information about the deportation decision; You can read our article “Deportation Decision“.