Rejection of residence permit application may be due to the application by persons who cannot obtain permission, or it may be due to procedural errors made in the application. The process must be carried out correctly so that foreigners who apply for a residence permit do not face rejection.
In our article, we will answer the questions of what is the refusal of a residence/residence permit application, what are the reasons for the refusal, what kind of consequences occur in case of refusal, and which methods should be applied. We recommend that you read our article carefully, as it has important consequences for foreign applicants.
It will not be possible for a foreigner whose residence permit application has been rejected, to reside in the country. For this reason, it is very important to appeal the decision in accordance with the law. In this process, getting support from a lawyer will prevent possible mistakes.
What is Residence Permit Application Denial?
Residence permit application refusal is the rejection decision in case the application made by foreign persons who want to reside in Turkey according to the necessary procedures is examined by the competent authorities, if it is determined that the application does not comply with the legal regulations or there is another reason.
Regulations regarding residence permit in our country are included in the Law on Foreigners and International Protection No. 6458. There is also a regulation on the implementation of the law. These two legislative arrangements will be applied together on a subject related to residence permit.
Reasons for Refusal of Residence Permit Application
The refusal of a residence permit application is mostly due to procedural errors. In addition, it is possible that the reasons for refusal may differ depending on the type of residence permit application. Basically, you can read our article titled “How to get a residence permit” about the residence permit application. We can list a few of the reasons for rejection as follows:
- The absence of the necessary conditions according to the type of residence permit to be obtained
- Existence of a deportation decision regarding the foreigner
- Existence of a ban on entry of the foreigner into the country
- Carrying a disease that would be considered a threat to public health
- When he comes to Turkey, he does not give the information of the address where he will stay.
- Having applied for a residence permit after violating a visa
- Making an application to the type of residence permit that is not suitable for the person
- Applying for a residence permit after the visa exemption period has expired
The reasons listed above are not limited in number. It is possible to multiply these examples. Therefore, it is necessary to be very careful when applying for a residence permit. It is important to get the help of a lawyer so that the process can progress on a legal basis.
What Can Be Done When Residence Permit Application Is Rejected?
The foreigner who wants to reside in Turkey brings together the necessary information and documents and applies for a residence permit. The application made by the competent authorities is examined. According to the legal regulations, the examination of the applications must be completed within 90 days after the submission of all documents.
As a result of the examination, the competent authority makes a decision on the application. If it is positive, the foreigner can reside in Turkey within the period determined for the type of residence permit he/she has applied for.
It is also possible for the competent authority to give a decision of rejection as a result of the examination. The decision of rejection of the application given by the authorized persons is notified to the relevant person. The foreigner has the right to appeal this decision.
The foreigner may apply to the Administrative Court within 60 days after the notification of the rejection decision, and file a lawsuit for the refusal of the residence permit application. The legal nature of this lawsuit is an action for annulment. In case of rejection of the residence permit application, a lawsuit is filed at the Ankara Administrative Court in case of foreign representations, and in the case of the governorships, in the administrative court within the jurisdiction of the governorship.
This lawsuit to be filed upon the rejection of the residence permit application is an action for the annulment of an administrative act. If this lawsuit is concluded in favor of the foreigner, the rejection decision taken by the administration is cancelled.
Upon the rejection of the residence permit application, the foreigner must leave the country within 10 days after the visa or visa exemption expires. In the absence of a visa or visa exemption, the foreigner must leave the country within 10 days from the notification of the refusal decision.
The foreigner’s objection to the application refusal decision will not stop the 10-day period to leave the country.If the foreigner does not leave the country within the specified 10-day period, a deportation decision is made. In this case, it is also possible to impose an administrative fine. Therefore, it is very important to act in accordance with the deadlines.
Re-application on Refusal of Residence Permit Application
It is possible for the foreigner, who left the country within the period determined upon the refusal decision, to re-enter the country at a later date. If the foreigner wishes to make a new application within 6 months after the notification of the decision to reject the residence permit application, he/she must submit a different residence permit request reason than the previous application.
If the foreigner who wishes to re-apply after the notification of the rejection decision to the person wants to apply for the same reason, the 6-month period must expire from the notification of the rejection decision.
Frequently Asked Questions Related to the Rejection of Residence Permit
Above, we talked about the basic legal regulations regarding the rejection of the residence permit application and the operation in practice. Apart from this, some questions about the refusal of residence permit application are frequently encountered. We will include these questions with their answers here.
What is Residence Permit Application Denial?
It is the case that the requests of foreigners who want to reside in Turkey in line with these purposes are rejected as a result of the evaluation by the Turkish administrative authorities. This refusal can be given because the person does not have the qualifications to be granted a residence permit, or it can be given due to a defect or mistake made in the procedural process.
What Reasons Can Refusal of Residence Permit Application Be Based on?
The application of the person may be rejected due to procedural deficiencies and errors. Besides; the foreigner does not have the required qualifications, there is a deportation decision, there is a ban on entry to the country, etc. The application may also be rejected for reasons related to the person and the concrete situation. Or the administration itself may have made an erroneous assessment.
How Does the Residence Permit Application Process Proceed?
The person brings together the necessary information and documents and conveys this request to the administrative authorities, who must apply in order to obtain a residence permit. Thereupon, the foreigner’s application review is completed within 90 days from the delivery of the documents. As a result of this process, the relevant administrative authority accepts or rejects the application.
What to Do in Case of Refusal of Residence Permit Application?
If the relevant authority rejects the residence permit application of the foreigner, the person must appeal to the relevant authority within 30 days from the notification of this refusal. The person may also file an action for annulment in the administrative courts within 60 days from the notification of the decision.
Should the Foreigner whose Residence Permit Application is Rejected Leave the Country Immediately?
If a stay of execution is requested in the action for the annulment of the administrative action filed upon the refusal decision and the administration has decided to stay of execution, the person does not have to go out of the country. However, if the person does not have a visa or visa exemption and a stay of execution decision has not been taken, he must leave the country within 10 days from the notification of the refusal decision.
What happens if the foreigner whose residence permit application is rejected does not leave the country?
A deportation decision is made for the foreigner who does not have a stay of execution or any other justifiable reason.
Can a Residence Permit Application Be Made Again If It Is Rejected?
Yes. However, it should be noted that if an application is made again within 6 months from the notification of the rejection decision to the foreigner, a different reason must be based on for the residence permit.
Things to pay attention
In our article, we tried to answer the questions of what is the refusal of a residence permit application, what are the reasons for this decision, what is the way to remove the refusal decision, and how to re-apply after rejection.
However, the above-mentioned procedures are the general procedures to be carried out upon the rejection of the residence permit application. An objection should be made accordingly, taking into account the concrete situation of each foreigner who is faced with a refusal decision. For this reason, it is important for foreigners whose residence permit application has been rejected to continue the process with the help of a lawyer.