Residence Permit Extension Application: Rejection and Annulment Lawsuit

Introduction

Extending the duration of residence permits or maintaining existing permits is crucial for foreigners in Türkiye. However, in some cases, the administration may reject these extension requests. Foreigners who face such a rejection can seek the annulment of this administrative act through legal remedies. In this blog post, I will cover:

• The legal framework for residence permits and extension applications,
• The reasons for rejection decisions and their legal bases,
• The administrative objection and annulment lawsuit processes that can be pursued against a rejection,
• Points to consider in the petition for lawsuit,
• Precedents and practical tips.

1. Legal Framework for Residence Permits and Extension Applications

1.1 Legal Bases

In Türkiye, foreigners’ residence permits are governed primarily by Law No. 6458 on Foreigners and International Protection (YUKK) and the regulations enacted under this law.

• The issuance, extension, or cancellation of residence permits is carried out within this legal framework.
• These are “administrative acts”; therefore, they must comply with legal rules both procedurally and substantively.

1.2 Timing and Procedure of Extension Applications

• The extension application must be filed before the current residence permit expires (generally within the last 60 days of the permit). Otherwise, the extension request may be rejected.
• It is crucial to submit application forms completely, accurately, and on time, together with all required documents.
• When evaluating the extension request, the administration also considers the applicant’s situation in Türkiye, financial means, length of stay, family ties, and similar criteria.

2. Reasons for Rejection Decisions

Rejections of residence extension or renewal requests may be based on various legal or factual grounds. The common reasons include:

1. Failure to meet the necessary conditions
   For example, insufficient proof of income, lack of health insurance, or inconsistency with the stated purpose of residence.
2. Incomplete, incorrect, or misleading documents
   Missing signatures, date inconsistencies, or errors in identity information may lead to rejection.
3. Public order or security concerns
   If the applicant is considered a risk to public order/security at the national or local level, a rejection may be issued.
4. Disappearance of conditions previously met
   Even if conditions were met at the time of the initial permit, some may no longer exist at the extension stage.
5. Procedural or time-limit errors
   Late filing, improper service of notices, or non-compliance with procedures can cause rejection.
6. Exercise of administrative discretion
   For some permit types, the administration has discretion beyond the listed conditions; misuse may be grounds for annulment.

Most Common Practical Reasons for Rejection

In residence permit extension applications, the reasons leading the administration to reject often follow similar patterns. The table below systematically summarizes the most common practical grounds for rejection, their legal context, and solution approaches:

Reason for Rejection	Explanation	Solution / Legal Approach
Submitting incomplete or incorrect documents	Missing signature on the application form, wrong date, expired insurance policy, or missing documents (e.g., lease agreement, notarized documents, biometric photo)	Re-prepare documents in line with current legislation and submit to the administration with a petition. If the deficiency is remedied, a new application may be made or the documents may be submitted to the court as attachments to the lawsuit.
Late application	If the extension application is made after the residence period expires or if the 60-day window is missed, the administration may reject for “late application.”	If there is a valid excuse (health, force majeure, etc.), explain it with supporting documents. According to case law, if there is documented force majeure, the time breach may be excused.
Failure to meet the income requirement	Under Law No. 6458, Art. 32, the applicant must have sufficient income to support living in Türkiye.	Submit bank statements, payroll slips, or documents of company partnership. If missing, these can be completed during litigation.
Invalid health insurance	If the policy has expired or the type is unsuitable (e.g., travel insurance instead of private health insurance), it becomes a ground for rejection.	Obtain a policy from a Turkish insurer that explicitly meets the residence permit requirements. Inform the court if the policy is renewed during the lawsuit.
Inconsistency with the declared purpose of residence	If it is determined that a person on a touristic residence actually works, conducts business, or has effectively settled, the administration may reject for “deviation from purpose.”	State the correct purpose in the application. If necessary, switch residence type (e.g., from touristic to family residence).
Public order or security risk	Restriction codes such as G-87, V-70, Ç-150, N-82 or criminal records may lead to rejection.	File a separate administrative application or lawsuit to remove the restriction code. If the code is proven erroneous, the residence rejection can also be annulled.
Insufficient passport validity	If the passport validity does not cover the requested residence duration (e.g., passport expires in 6 months while a 1-year extension is requested), the application may be rejected.	Obtain a new passport and submit it to the court during the lawsuit. Courts often annul the act if an updated passport is presented.
Previous residence violations	Overstaying a visa, failure to register an address, or administrative fines in the prior residence period are considered in new applications.	Submit a petition explaining there was no intent, provide payment receipts for fines, or present new address registration to support your case.
Broad interpretation of administrative discretion	The Directorate of Migration Management may issue different decisions in similar files; this may violate the principle of equality.	In the lawsuit, emphasize that “different action was taken for those in similar situations” to strengthen the annulment claim.

Note: In practice, over 70% of rejection decisions stem from document deficiencies or deviation from the stated purpose of residence. Therefore, a thorough file check before applying is crucial.

3. Administrative Objection and Annulment Lawsuit Against Rejection

Foreigners facing a rejection can pursue two main avenues:

• Administrative Objection
• Annulment Lawsuit

Below, I outline these paths step by step.

3.1 Administrative Objection (Application to the Authority)

• You may object to the rejection decision; it is not mandatory. One may directly file a lawsuit.
• Generally, within 30 days from service of the decision, an objection petition is submitted to the Directorate of Migration Management or the relevant provincial directorate.
• The objection requests the administration to re-examine, correct, revoke, or take action.
• The result may be positive or negative. If negative, the person can file an annulment lawsuit.
• In practice, the objection route carries risks and is often not used. Reasons include: the objection is made to the same authority that issued the decision (so the outcome may not change) and the wait for the objection outcome may cause expiration of the lawsuit time limit.

3.2 Annulment Lawsuit (Before the Court)

• An annulment lawsuit is the judicial path that seeks review of the lawfulness of the administrative act (the rejection).
• It must be filed within a 60-day peremptory period from service of the rejection decision. (If this period elapses, the case will be dismissed.)

3.2.1 Elements Required in the Lawsuit Petition

When preparing the lawsuit petition, pay attention to:

• Clear identification of the administrative act (rejection decision, date, number, etc.),
• Date and method of service,
• Plaintiff’s identity, passport, and residence information,
• Grounds of unlawfulness in the rejection (procedural and substantive),
• Fact-based allegations and list of evidence,
• Request for stay of execution (with reasons),
• Relief sought: annulment of the act, litigation costs where applicable.

3.2.2 Request for Stay of Execution

• The plaintiff may request a stay of execution with the lawsuit petition.
• If granted, enforcement of the rejection is temporarily suspended until the case is concluded.
• High court decisions assess criteria such as irreparable harm, balance of interests, and public interest.

3.2.3 Litigation Process and Judgment

• The court first examines procedural issues; if there are defects in time limits or jurisdiction, the case may be dismissed.
• After passing procedural review, the merits are examined: legal grounds for the administration’s assessment, limits of discretion, equality principle, concrete evidence, personal circumstances, etc.
• If the court finds the rejection unlawful, it will annul the decision; the administrative act is set aside.

3.2.4 Appeal / Regional Administrative Appeal / Higher Review

• An appeal to the regional administrative court (istinaf) may be available within 30 days.

4. Practical Issues, Sample Judgments, and Points of Caution

4.1 Sample Precedents

• Courts’ decisions regarding rejections of residence extensions guide lower courts.
• In lawsuits against rejections of short-term residence permit extensions, issues such as passport validity and application conditions are often discussed.

4.2 Ban on Immediate Re-application / Late Application Problem

• After a rejection, one cannot immediately re-apply on the same grounds; there is a 6-month waiting condition.
• If the application is late, the administration may reject on this ground.

4.3 Service of Notices and Tracking of Time Limits

• The rejection must be properly served; defects in service may affect the start of the litigation period.
• Missing deadlines may lead to dismissal of the case; pay close attention.

4.4 Importance of Working with an Immigration Lawyer

• These processes require knowledge of both administrative law and immigration (foreigners) law.
• Professional support is a major advantage in drafting the petition, submitting evidence, and requesting a stay of execution.
• Missteps may result in loss of time, deportation, or loss of the right to re-apply.

5. Lawyer Support and Litigation Strategy

A rejection or cancellation in a residence permit extension is not merely an administrative issue; it directly affects a foreigner’s right to live in Türkiye, family unity, and investment. Therefore, establishing the right strategy and obtaining professional legal assistance are critical.

1. Advantages of Lawyer Support

a. Preventing Procedural Errors:
Many cases are lost solely due to missed deadlines or filing with the wrong authority. A lawyer carefully tracks both the application and litigation timelines.

b. Strong Presentation of the Stay of Execution Request:
To prevent deportation risk or loss of legal status, a stay of execution is requested when filing suit. A lawyer justifies this with “irreparable harm” and “clear unlawfulness.”

c. Parallel Action Against Restriction Codes:
Many rejections relate to codes such as G-87 (public security) or V-70 (visa violation). An experienced lawyer handles both the residence annulment case and the application to lift the code in parallel.

d. Lawful Documentation and Evidence Management:
Notarization, translation, and authenticity of documents submitted to the court are vital. A lawyer identifies which documents are “conclusive” or “discretionary” evidence and builds the file strategically.

e. Communication with the Authority and Time Tracking:
Following petitions filed with the court and service of decisions requires expertise. A lawyer monitors the process before both the Directorate of Migration Management and the court.

6. Stages of Litigation Strategy

Pre-Analysis (File Assessment):

• Examine the grounds of the rejection decision.
• Identify missing or incorrect documents.
• Analyze the client’s prior residence status, restriction codes, and application date.

Calculation of Legal Time Limits:

• The lawsuit must be filed within 60 days from the service date of the rejection.
• If service is defective, the period does not start; this can be a strategic advantage.

Preparation of the Lawsuit Petition:

• State unlawfulness in both procedure and merits.
• Submit a well-reasoned request for stay of execution.
• Correctly identify the counterpart authorities (e.g., General Directorate of Security, Directorate of Migration Management, Ministry of Interior).

Submission of Additional Evidence:

• New insurance, income documents, passport, or housing documents can be submitted during litigation.
• Courts may rule in favor if a “new situation” arises.

Post-Judgment Process (Appeal / Re-application):

• If the judgment is favorable, the administration annuls the act.
• If rejection persists, file an appeal (istinaf).
• The administration must comply with the annulment; if not, a new case for “non-execution of judgment” can be filed.

7. Our Office’s Approach

Keleş Hukuk & Danışmanlık is a team specialized in rejections, cancellations, and extensions of residence permits.
We have actively assisted hundreds of clients in Ankara, İstanbul, Antalya, and Eskişehir in regaining residence permits, annulling rejection decisions, and suspending deportation procedures.
Our approach:

• Analyze each file individually,
• Manage judicial and administrative processes together,
• Annul Migration Administration decisions with reasoned judgments,
• Protect the client’s legal right to stay in Türkiye.

8. Strategic Advice

In case of a rejection of your residence permit extension application:

• Document the service date of the decision on the day you receive it.
• Do not miss the 60-day litigation period.
• With your lawyer, first focus on the stay of execution; this prevents deportation risk.
• Update documents and submit them to the court during litigation.
• Avoid re-applying on the same grounds before the annulment case concludes.

Rejection of a residence permit extension poses serious legal risks for foreigners. However, through a carefully planned litigation strategy, accurate tracking of deadlines, effective use of evidence, and guidance from an expert lawyer, annulment of the decision is possible.

Residence Permit Extension Rejection and Annulment Lawsuit – FAQs

1. My residence permit extension application was rejected. Can I stay in Türkiye?

Yes, but for a limited time.
As of the date the rejection is served on you, you are generally required to leave Türkiye within 10 days.
However, if you file an annulment lawsuit within this period and the court grants a stay of execution, your right to stay legally continues during the court process.
A request for a stay of execution in the lawsuit petition will also temporarily eliminate the risk of deportation.
Tip: Consult your lawyer immediately after service and do not miss the 60-day litigation period.

2. How many days do I have to file a lawsuit against the rejection?

Under Law No. 6458 on Foreigners and International Protection, you must file an annulment lawsuit before the competent court within 60 days from service of the rejection decision.
This period is peremptory; even a 1-day delay leads to dismissal.
If service was defective (e.g., sent to the wrong address), the period may not have started—this can be a strategic defense.

3. If I sue, does it stop my deportation?

Generally, yes.
If a separate deportation decision has not been issued, your right to remain usually continues until the court rules on your stay of execution request.
If the stay of execution is granted, the administration is barred from taking steps such as initiating deportation.
Always include a stay of execution request in your petition.

4. Should I object first or file a lawsuit directly?

Usually, parties file directly. This is because objections often do not change the outcome and may cause loss of time.
There is no mandatory administrative objection in Law No. 6458.

• Objection period: 30 days
• Lawsuit period: 60 days
  Your lawyer will choose the best strategy for your file.

5. Why was my extension rejected?

Common reasons:

• Incomplete/incorrect documents (e.g., invalid insurance, missing lease),
• Late application,
• Failure to meet income requirements,
• Public order/security risk (restriction code),
• Activities inconsistent with residence purpose (e.g., working while on touristic residence).

The ground must be clearly stated in the notice. If not, it is a procedural defect and benefits your annulment case.

6. What documents are needed for the lawsuit?

• Proof of service of the rejection,
• Passport and prior residence card copies,
• New documents eliminating the rejection ground (e.g., new insurance, income proof),
• Lease or title deed,
• Health insurance policy,
• Power of attorney (if represented by a lawyer).
  Submit a list of evidence. Missing documents can be completed during litigation.

7. How long does the case take?

Residence rejection cases generally conclude in 6–12 months.
Stay of execution requests are usually decided within 3–8 weeks.
Including appeal (istinaf), total duration may reach 1.5–2 years.
Note: If courts find the rejection vague or insufficiently reasoned, favorable annulments can be issued within ~6 months—practice varies by court.

8. Do I have to leave Türkiye while suing?

No.
Foreigners who file suit can remain in Türkiye, especially if the court grants a stay of execution.
If the stay is not granted, practical issues may arise regarding legal stay.
If the case is dismissed and you do not depart within 10 days, the administration may start deportation proceedings.

9. Can I re-apply after a rejection?

Yes, but be cautious—certain conditions apply. For example, you may not re-apply on the same grounds within 6 months, or departure from Türkiye may be required.
Immediate re-application on the same grounds is typically rejected.
If there is a new situation (new insurance, new income proof), a new application is possible.
Waiting for the annulment case result is often safer.

10. Why is working with a lawyer important?

These cases require expertise in administrative law and immigration law. A lawyer:

• Tracks notices and deadlines,
• Strengthens the petition with legal grounds,
• Requests a stay of execution when needed,
• Manages restriction codes or deportation risks in parallel.
  Keleş Hukuk & Danışmanlık has successfully protected the legal stay of many clients in residence rejection and annulment cases in Türkiye.

11. Is there a difference between a residence rejection and a restriction code (e.g., G-87, V-70)?

Yes.

• A residence rejection means only that the residence permit is not granted.
• A restriction code (e.g., G-87, V-70, Ç-150) is a separate administrative measure limiting entry or stay.
  Sometimes both apply. In that case, file both an annulment case against the rejection and an application to lift the code.

12. What happens if the court annuls the rejection?

The administration must comply with the judgment.
Once final, the Directorate of Migration Management re-evaluates the rejected application and generally grants the residence permit.
If the judgment is not executed, you can file a new case for non-execution of judgment.
In some cases, lawyers can initiate enforcement for compliance.

13. My family members are Turkish citizens—what then?

This is a special situation.
Family unity is protected under Constitution Art. 20 and ECHR Art. 8.
If your spouse or child is a Turkish citizen, courts often balance public interest and family unity and annul rejections.
Emphasize family unity in your petition. In such cases, we strongly recommend filing suit.

14. After annulment, when does my residence period start?

When the court annuls the decision, the administration issues a new permit.
The new period generally starts from the finalization date of the judgment.
Lost time is usually not compensated; apply promptly after the judgment to avoid gaps.

15. What if I stay in Türkiye despite the rejection?

You are considered in illegal stay.
The administration may impose administrative fines and place a V-70 or Ç-114 restriction code.
This complicates future residence or visa applications. If you won’t sue, voluntary departure is usually better.

16. Can I petition the Directorate of Migration Management before going to court?

Yes, in some cases.
For rejections due to document deficiencies, you can request re-evaluation with a supplemental petition and documents.
However, this does not stop the 60-day litigation period. You should still file suit on time.

17. I got a new passport after the rejection. Does it help?

Yes—this is a significant new circumstance.
Courts often consider a new passport submitted during litigation favorably, even if the initial validity was short, and may annul the rejection.
Add the new passport to your evidence.

18. Do I need to be in Türkiye to file suit?

No.
You can file through your lawyer with a power of attorney even from abroad.
The PoA must be issued at a Turkish Consulate or bear an apostille.
Your physical presence is not required during the case.

19. What if I lose the case?

If the court upholds the rejection, you lose the legal right to stay.
You must depart within 10 days from service of the decision.
You may appeal (istinaf) within 30 days.
During appeal, deportation is generally not carried out, though practical issues may arise due to high foreigner volumes.

20. As of 2025, what are the most common grounds for rejecting extensions?

Recently observed grounds include:

• Long, repeated renewals of touristic residence,
• Insufficient income documentation,
• Address registration discrepancies,
• Inadequate health insurance,
• Risk assessments by the Directorate of Migration Management (especially for some nationalities).