Rejection of Residence Permit Applications: Reasons, Objections, and Legal Process

Turkey has become an attractive country for foreign nationals due to its opportunities in tourism, education, investment, and employment. However, obtaining a residence permit to stay in Turkey for an extended period is not always straightforward. In some cases, applications may be rejected by the authorities, directly affecting the applicant’s legal status in the country.

In this article, we will examine the issue of residence permit rejections in detail:

• Reasons for rejection
• Legal basis
• Objection and litigation process
• Key points foreigners should pay attention to

What is a Residence Permit?

A residence permit is an official document that allows foreign nationals to stay in Turkey beyond the duration of their visa or visa exemption.
It is regulated under the Law on Foreigners and International Protection (LFIP – Law No. 6458).
Applications are evaluated by the Directorate General of Migration Management (DGMM). The aim is to ensure that foreigners stay in Turkey legally, safely, and in an orderly manner.

What Are the Reasons for Rejection of a Residence Permit Application?

Article 25 of Law No. 6458 regulates the circumstances in which residence permit applications shall be rejected. The most common reasons for rejection include:

1. Incomplete or incorrect documentation
   • Passport validity being too short
   • Rental contracts not notarized
   • Insufficient proof of income
2. Use of false or misleading documents
   • Declaring a false residential address
   • Providing inaccurate education or employment information
3. Risks to public order, security, or health
   • Committing a crime in Turkey
   • Being subject to deportation or entry ban (restriction codes)
4. Financial insufficiency
   • Failure to prove sufficient financial means to cover expenses during the stay
5. Visa and duration violations
   • Overstaying visa period
   • Previous penalties due to residence violations
6. Failure to meet residence permit requirements
7. Lack of valid health insurance appropriate to the purpose of stay
8. Applications made by foreigners subject to an entry ban

This provision grants the administration broad discretionary powers; therefore, each application is assessed individually for its legal compliance.

Legal Basis for Rejection

Rejection decisions are made under Articles 25–26 of the LFIP and relevant regulations.
Such decisions constitute an administrative act and must be notified in writing to the foreigner.

The notification must include:

• The reasons for rejection,
• The time limit for leaving Turkey,
• The right to appeal and initiate legal proceedings.

Notification of Rejection (LFIP Article 26)

According to Article 26, if a residence permit application is rejected, the decision must be reasoned and delivered to the applicant in writing.

• The decision is officially notified.
• The foreigner is informed of their right to appeal and file a lawsuit.
• This ensures that the foreigner is aware of their rights and remedies.

Obligations After a Rejection (LFIP Article 27)

Once the rejection decision becomes final, the foreigner is required to leave Turkey within the period granted (generally 10 days).

• Foreigners who fail to depart within the time limit are subject to administrative fines.
• In certain cases, a deportation order may be issued.

Therefore, rejection of the application results in the foreigner losing their legal right to remain in Turkey.

Foreigners Who Will Not Be Granted Residence Permits (LFIP Article 29)

According to Article 29, certain categories of foreigners will not be granted residence permits, even if they apply:

• Those subject to deportation orders,
• Foreigners banned from entering Turkey,
• Those who pose a threat to public order or security,
• Foreigners using false passports or documents,
• Persons who previously violated residence and visa rules.

Applications of these foreigners are directly rejected.

Practical Tips for Foreigners

• Before applying, check the validity of your passport (at least 60 days longer than the requested permit duration).
• Officially document your health insurance, proof of income, and accommodation.
• Note the notification date of a rejection, as legal deadlines begin from that date.
• Provide bank statements to prove your financial resources.
• Seek professional legal assistance, as it increases the chances of a successful outcome.

Consequences of Rejection

The rejection of a residence permit has serious consequences for foreigners:

• Loss of legal residence status,
• Obligation to leave Turkey within 10 days,
• Imposition of administrative fines and potential deportation if the person fails to leave,
• Risk of being subject to an entry ban (restriction code) upon re-entry.

Objection and Litigation Process

1. Administrative Appeal

The foreigner may submit a written petition to the Provincial Directorate of Migration Management to object to the rejection. In this petition:

• Missing documents may be completed,
• Misunderstandings may be clarified.

However, this method is not always effective since the same authority that issued the rejection will review the objection.

2. Administrative Lawsuit

The most effective remedy is to file a lawsuit before the administrative court.

• Deadline: 60 days from the date of notification.
• Subject: Annulment of the rejection decision.

The court examines the grounds of rejection. If the administrative act is found unlawful, the decision is annulled, and the foreigner regains the right to a residence permit.

Why Is Legal Assistance Important in the Litigation Process?

• Preparation of complete and accurate documentation is essential.
• The legal invalidity of the administration’s reasoning must be professionally proven.
• The process is technical and complex; without a lawyer, mistakes are highly likely.
• The lawsuit must be filed within 60 days of notification.
• Compliance with court deadlines, preparation of petitions, objections, and participation in hearings are crucial.

Frequently Asked Questions (FAQ) – Residence Permit Rejection

1. My residence permit application was rejected. Can I stay in Turkey?
   No. Your legal stay ends after the rejection. However, you may file an objection or initiate legal proceedings. If the court grants suspension of execution, deportation can be prevented during the case.
2. How long does it take to learn the rejection result?
   Usually a few weeks, but in busy periods it may take several months. You will be notified in writing once the decision is made.
3. How long do I have to file a lawsuit?
   Within 60 days of notification. This is a strict legal deadline.
4. Can I reapply if my residence permit is rejected?
   Yes, but only if you remove the reasons for rejection (e.g., complete missing documents, obtain valid insurance, prove sufficient financial means).
5. Will I be deported immediately after rejection?
   No. You are usually granted 10 days to leave Turkey. If you do not comply, administrative fines and deportation may follow.
6. Can I switch to a tourist visa after rejection?
   No, you cannot switch to a tourist visa while in Turkey. You must leave the country and apply again from abroad.
7. Is rejection the same as an entry ban?
   No. Rejection only means your application was not accepted. However, in some cases, an entry ban (restriction code) may also be imposed.
8. Are students or investors treated differently in case of rejection?
   The procedure is the same. However, courts may apply different evaluation criteria depending on the type of residence permit (e.g., students must prove education, investors must prove valid investments).
9. Does rejection automatically prevent re-entry into Turkey?
   Not necessarily. A rejection itself does not impose an entry ban, unless accompanied by a deportation or entry ban decision.
10. Can I reapply inside Turkey after rejection?
    No. In most cases, you must leave Turkey and reapply from abroad.
11. If I file an objection, can I stay legally in Turkey?
    No, objection alone does not legalize your stay. However, if you file a lawsuit and the court issues suspension of execution, you may remain legally until the case is finalized.
12. Will my family also be affected by my rejection?
    Yes. For example, in family residence permits, if the main applicant is rejected, family members’ applications are also rejected.
13. Does rejection always mean deportation?
    Not necessarily. Deportation is more likely if the rejection is based on public order, security, or health concerns.
14. Should I appeal to the Migration Directorate or directly to the court?
    You may first appeal to the Directorate, but the most effective method is to file a lawsuit in the administrative court.
15. Can I continue working after rejection?
    No. Rejection terminates your legal residence and employment rights. Continuing to work is considered illegal.
16. Will I be fined if I don’t leave after rejection?
    Yes. Administrative fines are imposed, and you may face problems re-entering Turkey.
17. If I win my case, will I automatically receive a residence permit?
    Yes. The Migration Directorate must implement the court’s decision and issue your permit, though updated documents may be requested.
18. How long does a lawsuit take?
    On average, 6–12 months. However, with suspension of execution, you may remain in Turkey legally while the case is ongoing.

Conclusion

The rejection of a residence permit is both psychologically and legally challenging for foreigners. However, appeal and legal remedies are always available.

With the right documents, proper legal strategy, and professional support, rejection decisions can be overturned by the courts.

To avoid losing your legal status in Turkey, it is crucial to respect deadlines and seek professional legal assistance.