Residence Permit for Medical Treatment: Application, Rejection and Cancellation with Judicial Remedies

Introduction

With its healthcare infrastructure and both private and public hospitals, Türkiye attracts foreign patients especially for certain treatments. However, for a foreign national to receive treatment in Türkiye and remain legally during the treatment period, they must apply for a “residence permit for medical treatment.” This permit is regulated under the short-term residence permit category.

Not every application is accepted; applications may be rejected or an existing permit may later be cancelled. In such cases, the right to seek judicial review arises. All processes are explained in detail below.

1. What Is a Residence Permit for Medical Treatment?

A residence permit for medical treatment is one of the short-term residence permits that allows foreigners who come to Türkiye to receive treatment to legally stay in the country for the duration of their treatment. This permit enables the applicant to remain in Türkiye during the treatment period; however, it is not a long-term residence permit. The application type is assessed under the short-term residence permit category.

Who Can Apply?

A residence permit for medical treatment may be granted to:

• Foreigners who will receive long-term treatment at a private or public hospital in Türkiye,
• Persons with chronic illnesses,
• Those undergoing organ transplant, cancer treatment, dialysis, physical therapy, rehabilitation, etc.,
• Companions/caregivers whose presence is medically necessary, as certified by a doctor’s report.

2. Conditions and Required Documents

The conditions and documents for application are determined within the framework of the Directorate General of Migration Management (DGMM) regulations on short-term residence permits.

2.1 Conditions

General conditions to obtain a residence permit for medical treatment:

1. Medical Necessity
   The applicant must need to receive treatment in Türkiye; this treatment is expected to exceed the visa duration.
2. No Threat to Public Health
   The applicant must not have a disease listed among contagious and widespread illnesses that threaten public health.
3. Financial Means and Health Insurance
   As a rule, the applicant must demonstrate financial means and present valid health insurance. However, in certain cases—e.g., where public institutions cover treatment and accommodation expenses—this requirement may be relaxed.
4. Document from the Treating Institution
   An approved document from the public or private hospital that will carry out the treatment showing the treatment duration (with physician + chief physician approval and stamp/seal) must be submitted.
5. Time Limit
   A residence permit for medical treatment is generally granted for one year or a shorter period.

2.2 Required Documents

The following are the primary documents typically requested at the time of application:

• Passport (original and copies)
• Residence declaration / application form
• 4 biometric photos
• Document from the treatment institution indicating the treatment period (approved by chief physician and treating physician, stamped/sealed)
• Health insurance (if required)
• Bank statement / proof of income showing financial means
• Accommodation document (lease agreement, a notarized undertaking by the host, hotel booking, etc.)
• Previous residence permit pages if any
• Receipt for residence fees

3. Application Process (Step by Step)

Typical steps of the application process:

1. Online Pre-Application (e-Residence system)
   The applicant completes the short-term residence application form via the e-Residence system.
2. Appointment Booking
   The system provides the applicant with an appointment date, the relevant migration office and province directorate.
3. Submission of Documents & In-Person Application
   On the appointment date, the applicant applies to the migration office with original documents and copies.
4. Examination Period
   The migration authority reviews the documents and may request additional documents if necessary. In general, a decision may take several weeks up to a maximum of 90 days.
5. Notification of Decision
   The decision is notified as approved or rejected. If approved, a residence permit card is issued. If rejected, a reasoned rejection decision is served in writing.

4. Rejection / Adverse Decision

If the application is rejected or a previously granted permit is later cancelled, the applicant is given a written rejection notice. This notice must include the grounds for the decision and its legal basis.

Common reasons for rejection include:

• Failure to meet one or more requirements (insufficient financial means, lack of health insurance, missing accommodation document),
• The treatment document provided is not sufficiently explanatory,
• The applicant’s illness poses a public health risk,
• Document irregularity / inconsistencies,
• Applying under an inappropriate permit type,
• Overstaying the lawful period or expiry of a previous permit.

Note: If a lawsuit is not filed within 60 days from service of the rejection decision, the decision becomes final.

5. Cancellation

A residence permit for medical treatment may be cancelled after issuance. Grounds for cancellation include:

• The holder deviates from the purpose of the permit (e.g., remains for purposes other than treatment),
• Change in health status or nature of the illness such that a public health risk arises,
• Use of forged documents or misrepresentation,
• Inability to maintain the required conditions (financial means, insurance lapse, loss of accommodation),
• Public order, public security, public interest grounds within the administration’s discretion,
• Violation of entry conditions to the country.

The cancellation decision must also be served in writing and is an administrative act.

6. Right to Sue (Judicial Remedy)

If a residence permit application for medical treatment is rejected or an existing permit is cancelled, the applicant may seek judicial review against the administrative act. The primary legal basis is Law No. 6458 on Foreigners and International Protection and the relevant administrative procedure rules.

6.1 Administrative Objection (Administrative Application)

According to some practices, one may first submit an objection petition to the provincial migration office that issued the decision:

• A written objection may be filed with the authority that made the decision,
• This allows the administration to re-examine its own decision,
• However, this objection procedure is not mandatory; in some cases it is appropriate to proceed directly to court.

6.2 Action for Annulment

For rejection or cancellation decisions, the principal legal path is to file an action for annulment before the competent Administrative Court:

• Must be brought within 60 days from service of the decision,
• The petition seeks “annulment of the decision,”
• The petition should include: details of the decision, date of service, legal arguments as to unlawfulness, legal grounds, and evidence,
• A stay of execution may be requested,
• The court examines the evidence; it reviews whether the discretionary power was exercised properly and whether the decision complies with procedural and substantive law,
• The court may accept the case and annul the decision, or dismiss the case. If annulled, the administration must re-evaluate the matter.

6.3 Stay of Execution

• During the lawsuit, one may request the court to temporarily suspend the decision (“stay of execution”),
• If granted, the rejection/cancellation is not enforced until the case becomes final; thus the applicant may remain in Türkiye,
• However, courts do not always grant stays; acceptance is exceptional and depends on concrete grounds (e.g., irreparable harm, likelihood of success),
• In practice, obtaining a stay of execution is critical for continuity of lawful stay.

6.4 Duration of Proceedings

An action for annulment generally concludes within 6–12 months, varying by city and the court’s workload. Once the judgment becomes final, the administration may conduct a new assessment.

6.5 Post-Judgment Situation

• If the case is accepted, the administrative act becomes invalid. The applicant may reapply.
• If the case is dismissed, the person may need to consider alternative residence permit types for lawful stay.

7. Practical Tips and Points of Caution

1. Do not miss deadlines
   There is a strict 60-day limit to bring an action for annulment; missing it may forfeit the right to sue.
2. Request a stay of execution
   Seeking a stay is crucial to maintain the right to remain pending the case.
3. Prepare complete and accurate documents
   Submitting incomplete, incorrect, or inconsistent documents may lead to rejection or dismissal.
4. Seek legal counsel
   These processes involve technical issues under administrative law and foreigners law; working with a specialist attorney increases the likelihood of success.
5. Consider alternative residence pathways
   If the medical treatment permit is rejected, other types (e.g., student, family) may be evaluated.
6. Mind re-application restrictions
   After a rejection, re-applying for the same permit type may be restricted for certain periods. Some sources indicate a 6-month waiting requirement.

8. Summary and Conclusion

The residence permit for medical treatment is a crucial mechanism enabling foreign patients to legally remain in Türkiye during their treatment process. However, applying for this permit, tracking procedures, and—if faced with rejection or cancellation—pursuing appropriate legal remedies requires meticulous attention. In the event of rejection or cancellation, administrative objection, an action for annulment, and stay of execution requests should be pursued timely and properly.

Residence Permit for Medical Treatment – Frequently Asked Questions (FAQ)

1. What is a residence permit for medical treatment?

A residence permit for medical treatment is a short-term residence permit that grants foreign nationals who come to Türkiye for treatment the right to legally remain in the country while receiving healthcare services. It is regulated under Law No. 6458 on Foreigners and International Protection and is valid for the duration of treatment.

2. Who can obtain a residence permit for medical treatment?

Those who may benefit include:

• Foreign nationals who will receive treatment in Türkiye,
• Patient companions whose presence is medically necessary (with a doctor’s report),
• Patients undergoing chronic or long-term treatment, transplants, cancer therapy, dialysis, physical therapy, etc.

3. What documents are required for a medical treatment residence permit?

Typically requested documents:

• Valid passport and copy,
• 4 biometric photos,
• e-Residence application form,
• Approved treatment letter from the hospital (signed by treating physician + chief physician),
• Health insurance (if required),
• Bank statement / proof of financial means,
• Accommodation document (lease or hotel booking),
• Receipts for residence fee and card fee.

4. Where is the application made?

Applications are made online via the e-Residence system (https://e-ikamet.goc.gov.tr).
After the online application, an appointment is booked and the documents are submitted in person to the specified Provincial Directorate of Migration Management.

5. For how long is the medical treatment residence permit granted?

Generally limited to the treatment period, most often 6 months or 1 year.
If the treatment continues, the permit may be extended based on an updated medical report.

6. Can the duration be extended?

Yes.
If the treatment continues, an extension may be filed at least 60 days before the permit expires.
A new medical report indicating the ongoing treatment and updated insurance/financial documents are required.

7. Can holders of a medical treatment residence permit work in Türkiye?

No.
This permit does not grant the right to work.
The foreigner may only remain in Türkiye for treatment purposes and may not engage in commercial or professional activities.

8. Can the application be rejected?

Yes, rejection grounds include:

• Incomplete or fraudulent documents,
• Insufficient or unverified medical report,
• Contagious diseases that threaten public health,
• Insufficient financial means,
• Previous overstay (visa/residence),
• Public security or public order grounds.

9. How is a rejection decision notified?

The migration authority serves a written reasoned decision.
The decision must state the grounds, legal basis, and the time limits for objection/litigation.
From the date of service, there is a 60-day period to bring a lawsuit.

10. Can a medical treatment residence permit be cancelled?

Yes.
It can be cancelled if:

• The person remains in Türkiye after treatment ends,
• The health condition changes and public health risks arise,
• The person acts contrary to the purpose (e.g., works),
• Forgery or misrepresentation is detected,
• Public order or security grounds arise.

11. Must the person immediately leave Türkiye after cancellation?

Generally yes.
After service of the cancellation decision, a 15–30 day period for departure is usually granted.
However, if the person files a lawsuit and obtains a stay of execution, they may remain during the proceedings.

12. How to challenge rejection or cancellation?

Two legal avenues:

1. Administrative objection:
   A short-term written objection (e.g., within 10 days) may be filed with the issuing migration office.
2. Action for annulment:
   A lawsuit may be filed within 60 days from service before the competent Administrative Court, seeking annulment and a stay of execution.

13. Where is the lawsuit filed?

Before the competent Administrative Court of the province that issued the decision.

14. May one remain in Türkiye during the lawsuit?

Yes, if a stay of execution is requested and granted by the court, the foreigner may legally remain until the case concludes.

15. How long do lawsuits take?

Typically 6 to 12 months, depending on the court’s workload, evidence collection, and the administration’s defense.

16. Who may file the lawsuit?

The foreign national who received the rejection/cancellation or their attorney.
Given technicalities, it is advisable to proceed through an attorney specialized in foreigners law. Procedural deficiencies may result in dismissal.

17. What happens if the lawsuit is won?

If the court annuls the decision:

• The administration’s rejection/cancellation becomes invalid,
• The migration authority re-evaluates the case,
• The person may obtain the residence permit (or the permit continues).

18. What if the case is lost?

If the court upholds the decision:

• The rejection/cancellation becomes final,
• The person must leave Türkiye within the specified period,
• They may apply to the appellate court (regional administrative court) if applicable.

19. What if the treatment period is extended?

Obtain a new medical report and apply for extension before the permit expires.
Failure to do so leads to overstay.

20. Can a companion (caregiver) also obtain a permit?

Yes.
Depending on the patient’s condition, one companion may be granted a separate residence permit, generally aligned with the patient’s treatment period.

21. Can this permit be used for childcare or eldercare?

No.
This permit is only for the person receiving medical treatment.
A separate permit is required for those wishing to stay as companions.

22. Can foreigners receiving free treatment at public hospitals obtain a permit?

Yes.
If public institutions cover treatment costs, health insurance and proof of financial means may not be required.
This must be documented with an official letter from the hospital or relevant authority.

23. Can the hospital or city be changed while holding this permit?

Yes, but address change must be notified to the migration office.
If the hospital changes, a new approved treatment document must be obtained from the new institution.

24. Can one travel abroad while holding this permit?

Yes, short trips abroad are possible during validity.
However, prolonged absences (e.g., exceeding 90 days) may lead to cancellation.

25. If the medical treatment permit is rejected, may one apply for another permit type?

Yes.
Depending on the situation, family, student, or property-owner residence permits may be considered. However, if not within the visa/lawful stay period, one may need to exit Türkiye and re-enter to apply.

26. Where is the medical report obtained?

From the public or private hospital where treatment will be received.
The report must be approved by the chief physician, wet-ink signed, and stamped/sealed.

27. Which illnesses may qualify?

Generally long-term treatment conditions, such as:

• Cancer,
• Post-organ transplant processes,
• Dialysis,
• Physical therapy and rehabilitation,
• Chronic metabolic diseases,
• Rare diseases,
• Documented mental health treatments.

28. Does the permit automatically end when treatment ends?

Yes.
When treatment ends, the residence permit loses its purpose.
The migration authority does not renew automatically; a new application is required.

29. Is health insurance mandatory for permit holders?

Generally yes.
However, if public institutions cover treatment costs, insurance may not be required.

30. In which cities are such applications most common?

Most frequent in:

• Istanbul
• Ankara
• Antalya
• Izmir
• Bursa
• Kayseri
• Samsun
• Konya
  Universities and private hospitals in these provinces are more active in admitting foreign patients.

31. Who pays litigation costs?

The plaintiff pays court fees and attorney’s fees.
If the plaintiff wins, the court may order the administration to reimburse litigation costs.

32. Is the court’s decision final?

No.
An appeal to the regional administrative court (instance of appeal/istinaf) may be filed.

33. May a foreigner receive treatment without insurance in Türkiye?

Yes, but generally only in emergencies at public hospitals.
For long-term treatment, remaining without a residence permit is unlawful.

34. Can the application be filed by proxy?

Yes.
If the patient’s condition does not allow, an attorney may file the application with a notarized power of attorney.

35. Which legal instruments apply?

• Law No. 6458 on Foreigners and International Protection
• Regulation on Foreigners and International Protection
• Administrative Jurisdiction Procedures Law (No. 2577)
• Basic Law on Health Services (No. 3359)