Rejection of Residence Permit – What should you do?
The number of residence permit applications rejected in Turkey may seem to be increasing lately, but most of these rejections are due to poorly prepared applications with incomplete or incorrect documentation. This is especially the case since the Turkish immigration administration overhauled the residence permit requirements and made the approval processes more stringent.
If you’re a first-time applicant fearing your application will be rejected, or a resident who wants to appeal a rejected application, here’s what you need to know.
SUMMARY – TLDR
Receive notification form stating why your application was rejected
Check the notification form for the specific reason for rejection, which may be listed in Article 32 or 33 of the Law on Foreigners and International Protection No. 6458
If you wish to appeal the rejection decision, you must file an application at the Administrative Court within 60 days of receiving the notification form.
- If the rejection decision was made by the foreign representative of Turkey, the case should be filed at the Ankara Administrative Court. If it was made by the governor’s office, it should be filed at an administrative court in the jurisdiction of the governorship
- If you do not have a visa or visa exemption or if you do not fill an application at Administrative Court, you have 10 days to leave the country after receiving the notice of rejection. If you have a visa, you can stay as much as your visa valid
- If you file an application at the Administrative Court, you may stay in Turkey until the court makes a decision
- If the court decision is unsuccessful, you must leave the country as soon as possible. The border police will decide whether to impose an entry ban or a penalty on you
- If the court decision is positive, you can either make a new residence permit application or the court may directly issue a new residence permit
Why Does My Residence Permit Application got Rejected?
You may have received a “notification form” (notification) stating why your application was rejected.
The most common reason for rejection of residence permit applications is the reasons listed in Article 32 (Article 32) of the Law on Foreigners and International Protection No. 6458.
According to Article 32, an application for a short-term residence permit may be rejected in the following cases:
- Failure to include one or more of the reasons listed in the first paragraph of Article 31 in your application and failure to submit the information and documents regarding this request in full (incomplete or incorrect document).
- Your application is not covered by Article 7
- Your accommodation does not meet the general health and safety standards (listed in your application)
- Failure to present a valid criminal record document issued by the competent authorities of the country of which you are a citizen or legally resident.
- Concealing or giving wrong address information where you will stay in Turkey.
There are other clauses in the same code that may explain why your application was rejected.
Article 33 states that short-term residence permits will not be granted, refused or canceled in the following cases, and those that have expired will not be extended:
- One or more of the conditions in Article 32 are not fulfilled or are no longer valid
- Competent authorities determine that the residence permit has been used for purposes other than the one for which it was issued.
- A valid deportation decision is taken or an entry ban is placed on the foreigner.
- Exceeding the maximum period you can stay abroad during your residence permit, contrary to the relevant regulations.
Article 15 also states that the following foreigners will not be granted visas:
- Those who do not have a passport or substitute legal document valid for at least sixty days longer than the requested visa period
- Banned from entering Turkey
- Those considered to pose a threat to public order or public safety
- Those with a disease are considered a threat to public health
- In accordance with the agreements to which the Republic of Turkey is a party, those who are accused or convicted of the crime or offenses that constitute a sufficient legal basis for extradition.
- Those who do not have valid health insurance covering the length of stay
- Those who cannot justify their purpose of entry, transit or stay in Turkey
- Those who do not have sufficient financial means or regular income during their stay
- Those who do not accept to pay the debts and fines arising from the visa violation or previous residence permit or in accordance with the Law on the Collection of Public Claims No. 6183 of 21/7/1953 or the Turkish Penal Code No. 5237 of 26/9/2004. those who do not accept payment and are followed by the competent authorities.
How to Appeal
You must apply to the Administrative Court within 60 days of receiving your notification form.
If the rejection decision is taken by the foreign representative of Turkey, the case should be filed at the Ankara Administrative Court, and if it is taken by the governor’s office, it should be filed in an administrative court in the jurisdiction of the governorship.
Overtime Fees and Deportation
After receiving the notice of refusal, you have 10 days to leave the country if you do not have a visa or visa exemption. If you have a visa, this starts 10 days after your visa expires.
You may be in the process of filing a lawsuit against your refusal, but that doesn’t stop deportation proceedings. If you are still in the country after the 10-day period has expired, you may be fined and deported.
For more guidance, check out our articles on the consequences of being overstayed on your Turkish visa and how to calculate what counts as an overstay.
Reapplying for Permission
If you want to reapply for a new residence permit, you will have to leave the country and wait 6 months if you want to apply for the same type of residence permit. However, you can try to apply for another type without having to wait this time.
What Do I Need to Know About Legal Fees and Procedures in Turkey?
In addition to expenses such as travel and power of attorney, you should expect to pay approximately $1,000-$1500 to seek legal advice from a lawyer.
The fee for each case is determined by the complexity and scope of the case, as well as other factors. The above is a base price to help you measure pricing/fees upfront.
As for the expected time to reach a solution, due to the legal framework in Turkey, it may take months or even more than a year, especially in big cities such as Istanbul and Ankara.
If, in any event, your case is denied or your appeal is overturned, your overstay will be pushed back to the date your residence permit application was first rejected.
You should seriously consider this as it may be easier to talk to the resident and take alternative action. You may be advised to leave Turkey and re-enter based on your passport access by doing a simple border run or take other action steps
If you would like to speak to a lawyer about residence permit refusals and appeals, contact us to learn more about your rights.