Rejection and Annulment of Family Residence Permit Applications: A Comprehensive Guide

A family residence permit (i.e., an application by a foreign national to obtain the right of residence in Türkiye through their spouse/family who legally reside in Türkiye) is, for many people, a concrete instrument of the “right to family unity.” However, when the Presidency of Migration Management rejects the application, both the person’s lawful stay in Türkiye and their family ties become jeopardized. Therefore, it is critical to understand the reasons for rejection, to know the avenues of objection and annulment, and to develop a strategy for re-application.

In this article we will:

1. Examine the theoretical and legal framework of the family residence permit,
2. Discuss in detail the reasons for which a rejection may be issued,
3. Explain the avenues of objection and annulment with documents and strategies,
4. Offer tactical suggestions for a successful lawsuit or re-application.

II. Family Residence Permit: Legal Bases, Conditions, and Durations

1. Legal Sources

• Law No. 6458 on Foreigners and International Protection (LFIP)
• The Implementing Regulation of the LFIP
• The Migration Management’s regulations and circulars on residence permits

2. Who Can Apply?

Pursuant to Article 34 of the LFIP, those who may apply for a family residence permit are:

• A foreign spouse married to a Turkish citizen
• A foreign spouse/child of a foreigner who holds one of the residence permits in Türkiye
• A Blue Card holder’s family
• Certain special statuses (exceptional arrangements)

In any case, the person referred to as the “sponsor” (the Turkish spouse or the person who legally resides in Türkiye) must meet certain conditions and be able to establish a de facto family unity bond with the applicant.

3. Required Conditions

For a family residence permit to be granted, both the sponsor (a family member) and the applicant must meet certain conditions. The basic conditions are summarized below:

Condition Category	Requirements for the Sponsor	Requirements for the Applicant
Income/Livelihood & Housing	Sufficient income; payroll slips, tax returns; compliant SGK (social security) status; suitable accommodation	Statement of financial means by the applicant or family members
Health Insurance	Valid health insurance covering all family members	Submission of health insurance
Criminal Record	No conviction (final judgment) for serious crimes such as crimes against family order within the last 5 years	Applicant’s criminal record is evaluated
Genuineness of Marriage / Joint Life	Marriage not solely for the purpose of obtaining a residence permit; evidence such as photos, joint bank accounts, shared expenses, etc.	Intention to live with the sponsor; submission of evidence
Passport/Visa Status	–	Passport validity extending beyond the application period; visa-exemption period not exceeded
No Other Legal Impediment	–	No deportation order or entry ban to Türkiye

If these conditions are not met, the Migration Management may reject the application.

4. Duration of Permit and Renewal

• A family residence permit is granted for a maximum of 3 years; however, it cannot exceed the sponsor’s residence permit duration.
• A renewal application must be submitted before the expiry (generally within the last 60 days). Otherwise, the application may be rejected.
• In renewal applications, the conditions must be currently satisfied just as in the first application.

III. Rejection of Family Residence Permit: Analysis of Reasons

Below we examine in detail the reasons for rejection commonly encountered in practice:

1. Failure to Meet the Conditions

This is perhaps the most common ground for rejection. The sponsor’s income requirement, insurance status, and housing conditions may not have been sufficiently proven. For example:

• Payroll slips or tax certificates are missing / not official,
• The address is not adequately documented with the landlord/owner,
• The scope of health insurance is insufficient,
• The sponsor’s SGK (social security) status is unclear.

2. Procedural and Documentary Deficiencies/Errors

Procedural errors, missing documents, or inconsistencies in documents in the application file can be key grounds for rejection. Examples:

• Omission of apostille/notarized translation procedures,
• Incomplete submission of passport pages, entry/exit visa copies,
• Biometric photos not meeting the specifications,
• Signature/date errors in forms or petitions,
• Missing deadlines (late filing for renewal or initial application).

3. Doubts About the Genuineness of the Marriage or Family Unity

Provincial migration directorates/governorships examine whether the true purpose of the marriage is to obtain a residence permit. Factors such as a quick divorce shortly after marriage, living in different cities, or strictly separate bank accounts may raise concern. A sham marriage finding is a ground for rejection.

4. Public Order / Public Security Grounds

The administration may cite criminal record issues, allegations of acts against public order, or security risks. In such cases, the rejection ground may be “public order/public security.”

5. Health Status and Public Health Risk

Applications may be rejected due to contagious diseases or situations that endanger public health. Failure by the applicant to meet the health insurance requirement is also a ground for rejection.

6. Visa/Residence Overstay / Unlawful Stay

If the visa has expired, the visa-exemption period has been exceeded, or the person applies while in an “irregular stay” situation, this may be a ground for rejection. A past deportation decision or an entry ban to Türkiye is also an impediment.

7. Unsuitability of the Applied Permit Type

Sometimes the person applies for an inappropriate type of residence permit relative to their status. For example, a person holding a student residence permit applying for a family residence permit in a context where it is not appropriate. In such cases, a rejection may be issued.

8. Missing Fee/Charge Payments

If the residence fee and card fee are not paid or the receipts are not submitted, the application may be rejected.

9. Missed Deadline: Late Renewal

If the renewal application is not made within the last 60 days or is filed after expiry, the likelihood of rejection increases significantly.

IV. Legal Remedies Against Rejection: Objection, Lawsuit, and Strategies

A rejection decision is an administrative act. Therefore, it can be challenged through legal means. Below we review these steps one by one:

1. Administrative Objection

• The rejection decision is served to the applicant in writing. Within 30 days from service, a written objection may be filed with the administration (the Provincial Directorate of Migration Management / the authority issuing the act).
• The objection petition should include: the decision number, date of service, legal and factual reasons for unlawfulness (why the decision is unlawful), additional evidence, and identity information.
• However, the objection is aimed at internal review by the same authority; the administration may accept or reject it. The objection does not suspend the 60-day period for filing a lawsuit.
• If the objection is rejected or not answered, judicial remedies can be pursued.
• Nevertheless, deadlines must be carefully monitored; otherwise, the right to sue may be lost due to time-bar.
• In practice, the objection procedure often yields little result and may be a waste of time. The reason is that the objection is filed with the authority that made the decision; in practice, such decisions rarely change.

2. Annulment Action

The essential remedy against a rejection decision is an annulment action:

• Time limit: Within 60 days from service of the decision, the applicant must file a lawsuit with the competent court.
• Request for stay of execution: The plaintiff may request temporary suspension of the implementation of the rejection decision. If a stay is granted, the person may continue to reside in Türkiye until the case is concluded.
• Content of the petition: The decision number, date, date of service, the administration’s grounds, the plaintiff’s defenses, evidence, witness statements, photos, bank accounts, residence address, marriage certificate, joint documents, etc.
• Defense strategies:
  • Refute the administration’s grounds clearly,
  • Submit evidence by remedying the missing conditions,
  • Cite similar precedent court decisions to support lawfulness,
  • Request a stay of execution to suspend implementation of the rejection.

3. Appeals (Regional Administrative Court) or Cassation

• Whether the court decision is in your favor or not, an application to the higher court (regional administrative court/appeal) is generally possible within 30 days (except for exceptional situations).
• Some decisions may also be subject to cassation review (in terms of conformity with legal norms).

4. Points to Consider During Litigation

• Deadlines are critical: If the 60-day litigation period or the 30-day objection period is missed, the application is rejected on procedural grounds.
• Stay of execution is crucial: If the decision is implemented during the lawsuit, the person may not remain in Türkiye. The request for stay of execution requires special attention in the defense.
• Burden of proof: The plaintiff must submit sufficient evidence to show the unlawfulness of the rejection; strong documents should be added to the court file.
• Legal representation: Proceeding with an attorney specialized in administrative law/foreigners law increases the chance of success.
• Reasonable time expectation: Court proceedings may be lengthy; patience and close follow-up are required.

V. What Happens If the Rejection Is Annulled? Re-Application Strategy

1. After Annulment of the Rejection Decision

• If the court annuls the administrative act (the rejection decision), the administration must re-evaluate the case.
• During re-evaluation, the administration examines the conditions in accordance with the law. If there are missing documents, it may request completion.
• If a stay of execution has been granted, the person can benefit from the right of residence until the case is concluded.
• After the annulment decision, the administration cannot introduce a new ground merely to justify the previous rejection; however, it may re-evaluate if objective new circumstances have emerged.

2. Re-Application

• If the rejection decision has become final, a new application based on the same ground cannot be filed for 6 months.
• However, an application based on different grounds is possible. For example, if the rejection was due to insufficient income, the new application may be submitted with strengthened income documentation.
• If a re-application will be made, the deficiencies should be carefully remedied and the file should be prepared as strongly as possible.

VI. Practical Tactics and Tips: To Increase Your Chance of Success

1. Build a strong file from the outset
   It is important that documents are complete and duly apostilled/notarized/translated, and that concrete evidence such as bank statements, invoices, residence address, photos, and joint accounts belonging to the parties are submitted.
2. Submit genuineness-of-marriage evidence comprehensively
   Joint bank accounts, lease agreements, shared expenses, photos, documents taken together, correspondence, etc. Such evidence is strong to show the marriage is not “sham.”
3. Emphasize hardship and family unity
   If there are children, highlight education, health conditions, and protection of family ties to strengthen the submission.
4. Do not neglect the request for stay of execution
   The request should be included when filing the lawsuit; otherwise, the rejection decision may be implemented.
5. Manage time well
   Do not miss deadlines such as the 30-day objection period, the 60-day litigation period, and the 10-day period to leave the country.
6. Use precedents
   Court decisions in similar cases can be added to the file.
7. Communication with the authority & completion of missing documents
   The administration may sometimes request missing documents; manage this process well and submit what is required promptly.
8. Professional attorney support
   An attorney experienced in foreigners law and administrative law both follows the process and sets your strategy; it reduces the risk of error.

VII. Example Case Scenario

Below is a summary of how to develop a strategy based on a hypothetical scenario:

Case:
The Turkish citizen (sponsor spouse) works in an SGK-registered job. The foreign spouse (applicant) is married to the sponsor. An application has been made; the Migration Management rejected the application, citing “insufficient financial documentation and doubts about the genuineness of the marriage.”

Strategy:

1. Prepare an Objection Petition: Within 30 days from service of the rejection, file an objection with the administration. In the objection, re-submit income documents, clearly explain the missing documents, and attach marriage evidence (joint bank account, photos, electricity bills). An objection is not mandatory. A lawsuit may be filed directly.
2. Await the Outcome of the Objection: If it is not accepted within the objection period, it is deemed rejected. However, deadlines must be followed very carefully. To avoid missing deadlines, a lawsuit may be filed directly.
3. File an Annulment Action: Within 60 days from service of the rejection, file a lawsuit with the competent court and include a request for stay of execution.
4. Defense in Litigation: Refute the administration’s grounds one by one and support them with evidence; submit witness statements, family photos, and joint expense documents regarding the genuineness of the marriage.
5. Court Decision and Re-Evaluation: If the court annuls the rejection, the Migration Management re-evaluates the case. Missing documents, if any, are completed and a favorable decision is expected.

Frequently Asked Questions (FAQ) – Rejection and Annulment of Family Residence Permit

1. What does it mean when a family residence permit application is rejected?
It means the Migration Management has not accepted the application for legal or factual reasons. This decision is usually based on missing documents, insufficient income, lack of health insurance, doubts about the genuineness of the marriage, or public order grounds. A rejection is an administrative act and is subject to judicial review.

2. Must I leave Türkiye when I receive a rejection?
Yes. You must leave Türkiye within 10 days from service of the rejection. However, if you file a lawsuit with a request for stay of execution within this period, the court may temporarily suspend implementation. In that case, you may lawfully remain in Türkiye.

3. Can I object to the rejection decision?
Yes. Within 30 days from the date of service, you may submit a written objection to the Provincial Directorate of Migration Management. In your petition, explain why the decision is erroneous and which documents were evaluated as missing/incorrect. Note: an administrative objection does not suspend the 60-day litigation period.

4. What is the time limit for filing a lawsuit against a rejection?
The time limit is 60 days from the date the decision is served on you. If missed, the right to sue is lost. The lawsuit is filed with the competent court in the province where the authority that issued the rejection is located.

5. Is filing a lawsuit effective when a family residence permit is rejected?
Yes—if the administration’s grounds are unlawful or contrary to the facts, a lawsuit is an effective remedy. If the court finds that the marriage is genuine, documents are complete, or the grounds are insufficient, it will annul the rejection. The application is then re-evaluated.

6. If my application is rejected, will I be deported?
A rejection is not automatically a deportation order. However, if the person does not leave Türkiye within the 10-day lawful exit period, deportation procedures may be initiated. Therefore, file a lawsuit within time or leave Türkiye lawfully.

7. My family residence permit was rejected on the ground of a sham marriage; what can I do?
If the administration claims the marriage was concluded solely to obtain a residence permit, this is a serious accusation. You can prove genuineness through joint life evidence: joint residence, lease, bank accounts, bills, photos, message records, witness statements, etc. Filing a lawsuit is the most effective route in such cases.

8. Does filing a lawsuit allow me to stay in Türkiye?
No. Filing a lawsuit alone does not grant the right to stay. If you submit a request for stay of execution with your lawsuit and it is granted, you may remain in Türkiye while waiting for the court’s decision. If a stay is not granted, you cannot remain.

9. What happens if I leave the country while the case is pending?
Your case can still be concluded. However, if a stay of execution has not been granted, you must exit; otherwise, you may fall into an “irregular stay” status.

10. May I re-apply after a rejection?
Yes, but not immediately. Under the LFIP, you cannot re-apply based on the same grounds for 6 months following a rejection for that same ground. If you remedy the deficiency (e.g., provide new income documentation, valid insurance, new marriage evidence), you may file a new application based on different grounds.

11. Which documents play an important role in the rejection decision?
Key documents evaluated in a family residence permit application include:

• Marriage certificate (apostilled and translated),
• Sponsor’s income declaration (payroll, tax certificate),
• Health insurance policy,
• Residence address documents (lease, utility bills),
• Criminal record,
• Evidence of joint life (photos, bank accounts, bills).
  If any of these are missing or invalid, a rejection may be issued.

12. What if the rejection contains no specific reasons or only generic phrases?
Some rejections merely cite “public order” or “doubt about family unity.” Such generic grounds are insufficient. The administration must explain the rejection with concrete and clear reasons. In such cases, courts often rule against the administration when a lawsuit is filed.

13. After rejection, can I apply for another type of residence permit?
Yes. However, in many cases, an exit and re-entry may be necessary. Even if the family residence permit is rejected, you may apply for another type (e.g., student, short-term, property-owner residence) if conditions are met. The reason for this new application must be lawful and reasonable.

14. What happens if a family residence permit is cancelled (after issuance)?
A family residence permit may later be cancelled, for example:

• Dissolution of marriage (divorce),
• Death of the spouse,
• Insufficient income,
• Use of forged documents,
• Alleged threat to public order.
  In this case, the Migration Management issues a “cancellation decision.” The decision is served on you, and you have 10 days to file a lawsuit.

15. I won the family residence permit case; what happens next?
If the court annuls the rejection:

• The administration (Migration Management) re-evaluates the case,
• Missing documents, if any, are completed, and the permit is generally granted,
• If a stay of execution was in force during the case, the person continues to reside in Türkiye,
• Once the decision becomes final, the status is updated in the system as an “active residence.”

Additional Advice:

The process of rejection or cancellation of a family residence permit may have not only administrative but also emotional and social consequences. Therefore, before filing a lawsuit, having all documents reviewed by a Foreigners Law attorney can increase both the speed and the success rate of the process.