Turkish Residence Permit Rejected. What To Do?
The reason for the rejection of your residence permit application determines the legal process to follow. Therefore, it is crucial to first learn the reason for the rejection and take appropriate steps accordingly. Ensuring that applications are complete and properly submitted from the beginning is essential for a smooth process. Applications handled through our lawyers facilitate the process and increase the likelihood of approval.
In practice, it is common for residence permit applications to be rejected by the Directorate of Migration Management despite fulfilling all requirements. When asked about the reasons for rejection, officials often provide legally unfounded responses such as, "There is a instruction from government," "We did not approve it," "We are not granting residence permits to anyone," or "Touristic residence permits have been abolished." However, decisions made by public institutions must be in writing, justified, and legally valid.
Rejection decisions issued by the Directorate of Migration Management fall under administrative actions and are subject to judicial review by administrative courts. Foreigners who have suffered due to an unlawful decision can file a lawsuit in an administrative court. It is important that such cases are handled by a licensed attorney registered with the bar association. A lawsuit pursued with an official power of attorney ensures that it is properly filed and monitored. Since foreign clients cannot be expected to actively follow the court process, it is crucial that legal notifications are directly received by the attorney, and any required documents are submitted to the court promptly. This ensures the timely resolution and success of the case.
The deadline to file a lawsuit against a residence permit rejection is 60 days from the date of notification. This period begins after receiving an official, signed notification. Due to the heavy workload of courts, legal proceedings can take time. Therefore, obtaining a stay of execution decision allows the applicant to remain in Turkey legally until the case is concluded. If the case is won, the residence permit application is reviewed in compliance with the law, securing the right to a residence permit. For this reason, it is essential that residence permit applications are submitted correctly, that the process is not delayed until the last moment, and that if a rejection occurs, legal proceedings should be initiated without violating visa regulations. To avoid risking your legal stay in Turkey, we strongly recommend that applications and legal proceedings be handled by experienced attorneys.
1- More than 60 days have passed since my residence permit rejection. Can I still file a lawsuit?
If more than 60 days have passed since the rejection and the legal deadline has been missed, an expert attorney should evaluate the case to determine whether it is still possible to initiate legal proceedings and explore alternative solutions. In some cases, it may be possible to reinstate the right to file a lawsuit.
2- How can I learn the reason for my residence permit rejection?
You can learn the reason for your residence permit rejection by visiting the Directorate of Migration Management in the city where you applied and obtaining the official rejection notification. However, keep in mind that once you receive this notification, the 60-day lawsuit period begins, and you are usually required to leave the country within 10 days.
3- My residence permit application was rejected. Can I reapply?
If your residence permit has been rejected and your legal stay in Turkey is still valid (visa or visa exemption), you can submit a new residence permit application. However, note that you cannot reapply for the same type of residence permit within six months.
4- My residence permit application was rejected. Can I stay in Turkey if I file a lawsuit?
Yes, if your residence permit is rejected, you can remain in Turkey while the lawsuit is ongoing. To do this, you must request a stay of execution from the court, allowing you to stay legally until the case is concluded. The court typically considers your place of residence and financial status when deciding on the stay of execution request.
5- What happens if I apply for a residence permit with fake documents?
If you submit fake documents in your residence permit application and this is detected, your application will be rejected. Additionally, a criminal investigation may be initiated against you for providing false information. However, the Directorate of Migration Management must clearly prove this situation. If your application is rejected based on assumptions rather than concrete evidence, you should consult a lawyer without delay.
6- Reason:One or more of the conditions sought in Article 32 are not met or no longer apply, meaning?
There can be several reasons for a residence permit rejection based on this ground. These may include: failing to provide a criminal record document, not submitting an address for your stay in Turkey, not having suitable housing that meets general health and safety standards, not having a valid reason to stay, not having sufficient and regular income, or not meeting one of the general application requirements. Each reason may lead to different legal consequences and requires a specific legal process to resolve. Therefore, the first step is to obtain and review the official residence permit rejection notice issued by the Migration Office. After receiving this notice, the foreigner must leave the country within 10 days. Foreigners who do not wish to leave Turkey and believe their residence permit was unfairly rejected should file an appeal (cancellation lawsuit) with a lawyer specialized in foreigners law within the legal deadline. Many unjustified rejections issued by the Migration Office are later overturned by the courts.
7- How to apply for a residence permit?
Residence permit applications are submitted through the E-Residence Application Website. After completing the online application, you must book an appointment and prepare all required documents. On the appointment day, applicants visit the Migration Office to provide fingerprints and a photo. Once submitted, the application is reviewed and finalized within 90 days. If your residence permit application is approved, you will receive an SMS notification on your registered phone number. After approval, applicants must complete their address registration within 20 working days.
8- You can apply to the Provincial Migration Office to receive the notification. How is the notification obtained?
Rejection notifications for residence permit applications can be obtained as follows:
for first-time applications, from the Provincial Migration Office in the city where you live;
for extension applications, through the PTT UETS website online.
Once the rejection notice is received, it is important to immediately start the legal process with a lawyer specialized in foreigners law.
You can find A Detailed Legal Guide for Foreigners Who Have Been Detained or Arrested in Turkey in our article. Turkish Version of the article- Türkiye'de Gözaltına Alınan veya Tutuklanan Yabancılar İçin Detaylı Hukuki Rehber.
- You can find Digital Nomad Visa - How To Apply? - FAQ in our article.
- You can find Deport Centers List In Istanbul in our article. Turkish Version of the article- Geri Gönderme Merkezleri Listesi.
Legal Proceedings
Legal Process To prevent the rejection of your residence permit application, it is crucial to work with an expert attorney during the application process. Tigin Gençer Law Office determines and provides the necessary documents for a legally compliant residence permit application and informs the client accordingly. Additionally, legal strategies and potential lawsuits are planned in advance and communicated to the client at the beginning of the process.
Achieving the desired outcome in the legal process depends on meticulous legal work. Our office handles all legal procedures carefully and with an official power of attorney. If the process is not managed properly, the court decision will be based on the submitted documents, which may result in the loss of rights.
Why Choose Tigin & Gençer?
At the beginning of the legal process, a client-attorney agreement is signed, guaranteeing that the case will be handled with diligence, responsibility, and professionalism.
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