Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected

Rejection of a residence permit application can significantly impact a foreigner's right to stay in Turkey legally. The reason for the rejection decision, the date of notification, the current visa or residence status of the foreigner, and family, education or work ties in Turkey should be evaluated together. In connection with this topic Foreigners Law You can also review the content titled.

An annulment lawsuit can be filed in the administrative court against the rejection of the residence permit. However, filing a lawsuit does not automatically stop the implementation of the rejection decision. If the foreigner needs to continue to stay in Turkey, it is important to evaluate the request for a stay of execution.

Why is the Residence Permit Application Rejected?

The reason for refusal may vary depending on the type of residence permit applied for. The most common causes are:

Failure to meet the conditions of the type of residence applied for,
Failure to prove the purpose of stay in Turkey with sufficient documents,
Address information is incorrect or untrue,
Not having valid health insurance,
Failure to show sufficient and regular financial means,
Failure to complete the missing documents within the given time,
If it is determined that the residence permit is used for purposes other than the purpose for which it was issued,
There is a valid entry ban or deportation decision for the foreigner,
Assessment of submission of false or misleading documents.

In the rejection decision, there should be legal and material reasons specific to the applicant instead of general statements. Decisions made without evaluating the documents submitted by the foreigner or explaining the nature of the deficiencies may be subject to an annulment lawsuit.

How is the Rejection Decision Notified?

The decision to reject the residence permit request, cancel the existing permit or not to accept the extension application is notified to the foreigner, his legal representative or lawyer.

The notification should include the justification of the decision, the legal remedies that can be applied, and the legal rights and obligations of the foreigner. Since the duration of the lawsuit is calculated according to the written notification, it is important to keep the notification document and the delivery date.

Cancellation Action Against Residence Permit Rejection

If the rejection decision is thought to be unlawful, an annulment lawsuit can be filed in the competent administrative court. In administrative proceedings that do not have a special litigation period, the general period for filing a lawsuit is 60 days from the day following the day of written notification.

The following illegalities can be alleged in the annulment case:

The reason for rejection is not based on concrete information and documents,
Incomplete or incorrect evaluation of application documents,
The foreigner actually meets the conditions of residence type,
The decision constitutes a disproportionate interference in family and private life,
Not taking into account the best interests of the child,
Relying on incorrect restriction or security record,
The transaction is unlawful in terms of authority, form, reason, subject or purpose.

The rejection decision, notification document, passport, application form and all documents refuting the reason for rejection must be attached to the petition.

Does Filing a Lawsuit Stop the Rejection Decision?

Filing an annulment lawsuit in the administrative court does not automatically stop the implementation of the rejection decision. A stay of execution may be requested in order for the foreigner to stay in Turkey until the case is concluded or to prevent other administrative proceedings from being taken against him.

In order for a stay of execution decision to be made, the conditions that the transaction is clearly unlawful and that irreparable or impossible damage will occur if it is implemented must be present together.

Separation from a Turkish citizen spouse or child, interruption of education, ongoing serious treatment or long-established private life ties may be important in this evaluation. However, the stay of execution is not automatically granted on every file.

Is It Necessary to Leave Turkey After the Rejection Decision?

Whether the foreigner can legally stay in Turkey after the rejection decision; It is determined based on the current visa, visa exemption, previous residence permit and obligations specified in the notification.

If a foreigner whose legal right to stay has expired continues to stay in Turkey without complying with the period notified to him/her, it may result in administrative fines, entry bans and deportation procedures.

For this reason, the fact that a lawsuit has been filed should not make us think that staying in Turkey is legal in itself. Along with the rejection decision, the current status of the foreigner and the need for a stay of execution should be examined separately.

Administrative Objection or Re-evaluation Application

It is possible to make an administrative application to the authority that made the decision or to the higher authority for the annulment or re-evaluation of the rejection decision. This remedy can be evaluated, especially in case of material errors, incorrect address registration or documents completed later.

However, the effect of the administrative application on the duration of filing a lawsuit may vary depending on its legal nature and the date of application. Waiting only for the response of the administration may cause the litigation period to be missed, so the time calculation should be done carefully.

Can I Re-Apply for a Residence Permit?

A foreigner whose residence permit application is rejected cannot generally re-apply for the same stay within six months. If the foreigner's legal stay period continues and there are conditions, it may be possible to apply for a residence permit based on a different purpose of stay. Also Guide to Applying for a Residence Permit for Foreigners in Turkey should be evaluated together with the concrete case.

For example, a foreigner whose application for tourism purposes is rejected may later enroll in a university, obtain an appropriate work permit or gain the conditions for a family residence permit, which may create a new legal situation. About the relevant aspect of the process How to Apply for a Family Residence Permit in Turkey? There is detailed information on the page.

A new application does not automatically cancel the previous rejection decision. It should be examined separately whether the previous reason for rejection will affect the new application.

Documents That Can Be Used Against the Rejection Decision

Residence permit rejection decision and notification document,
Passport and previous residence permit card,
e-Residence application form,
Health insurance policy,
Lease agreement, title deed or address documents,
Bank records and financial adequacy documents,
Identity documents regarding marriage and children,
Student certificate or work permit records,
Health reports and ongoing treatment documents,
Other official records showing that the reason for rejection was wrong.

What Does a Residence Permit Rejection Lawyer Do?

The lawyer working in the field of foreigners law examines the reason for the rejection decision and the date of notification. It checks the foreigner's legal stay, entry ban, restriction codes and whether there is a deportation process against him.

If the rejection decision is unlawful, it can file an annulment lawsuit in the administrative court and request a stay of execution when necessary. They may also consider options for transitioning to a different type of residence, work permit, or new application. Work and Residence Permit Processes of Foreigners in Turkey its content explains other legal points related to this stage.

Frequently Asked Questions

Can a lawsuit be filed against the rejection of a residence permit?

Yes. An annulment lawsuit can be filed in the competent administrative court against unlawful rejection, annulment or non-extension decisions.

How many days is the period for filing a lawsuit against the rejection of a residence permit?

If there is no special period, the general period for filing a lawsuit is 60 days from the day following the written notification. The notification date should be carefully calculated according to the file.

Can I stay in Turkey when a lawsuit is filed?

Filing a lawsuit does not automatically stop the rejection decision. The legal stay status and the request for stay of execution should be evaluated separately.

Can I apply for residence again after the rejection decision?

It is generally not possible to reapply within six months for the same stay. If the legal stay period continues, the application may be considered for a different and genuine stay.

Is a foreigner whose residence permit is rejected deported?

Not every rejection decision automatically means a deportation decision. However, not leaving Turkey even though the legal right to stay has expired may result in deportation and entry ban procedures.

Can a rejection decision due to missing documents be canceled?

If the administration evaluates the document incorrectly, does not report the deficiency or does not take into account the document submitted, the rejection decision may be subject to litigation. The result is determined according to the concrete documents in the file.

Legal information: This content has been prepared for general information purposes. The way to be applied after the rejection of the residence permit; It should be determined according to the reason for refusal, the date of notification, the foreigner's current legal right to stay and his/her personal situation in Turkey.