Türkiye Short-Term Residence Permit: Application, Rejection & Legal Remedies

Türkiye Short-Term Residence Permit: Application, Rejection & Legal Remedies

What Is a Short-Term Residence Permit, and Who Can Apply?

A short-term residence permit is a type of permit that, under certain conditions, grants foreign nationals the right to stay in Türkiye for periods of up to one year at a time.
The conditions, application procedure, and cases of refusal and cancellation are regulated by Law No. 6458 on Foreigners and International Protection.

Those who may apply for a short-term residence permit include:

Those who come to conduct scientific research
Foreigners who own real estate (residence) in Türkiye
Those who participate in in-service training or internship programs
Those who come for medical treatment
Those who participate in student exchange programs, language courses, etc.
Those who lose eligibility for a family residence permit (transition status)
Those who apply within the period after completing their education and graduating, etc.

However, not every application is accepted; the law explicitly lists cases in which a permit will not be granted.

Application Process: Steps, Documents, and Procedure

Below are the typical steps of the short-term residence permit application process and the points that require attention:

Stage	Explanation / Notes
Application timing	You must apply before your current visa or residence permit expires.
Authority	Applications are made to the Provincial Directorate of Migration Management.
Required documents	ID/passport, proof of accommodation address, criminal record (from the appropriate authorities of the relevant country), financial means, health insurance, and other documents depending on the permit type.
Review period	By law, applications must be concluded within 90 days at the latest.
Evaluation	The Migration Authority and, where applicable, other institutions may seek opinions. The competent authority has discretion — even if conditions are met, the application may be refused.
Service of the decision	The decision is served in writing to the applicant, their legal representative, or their lawyer. The notice includes the reasons for refusal and information about objection/litigation rights.

The discretionary power is particularly important: even if the formal conditions are met, the authority may refuse the application by considering factors such as the applicant’s current situation, risks to public order, and past record.

Reasons for Refusal and Cancellation: In Which Cases Is It Refused or Canceled?

The reasons for refusal or cancellation of a short-term residence permit are explicitly set out in the law. The main grounds can be summarized as follows:

Grounds for Refusal or Cancellation (as specified by law)

Failure to meet one of the application requirements or the subsequent disappearance of such requirement
Use of the permit for purposes other than those for which it was granted (e.g., working under a permit issued for education)
Existence of a valid deportation order or an entry ban to Türkiye
Submission of forged documents, provision of misleading information, resorting to falsification
Being considered a risk to public order, public security, or public health

Important Notes

The reason for refusal must be stated clearly and with justification; unjustified or abstract refusal decisions have consequences in administrative judiciary.
Cancellation procedures may also be based on the same reasons; if a cancellation decision is taken, it may result in the termination of the permit or non-renewal.
Refusal or cancellation decisions may be reconsidered through internal administrative review or objection processes, but these do not preclude judicial action. They may only pose a problem in terms of litigation deadlines; deadlines must be followed carefully.
In practice, the objection procedure often leads to loss of time, since the objection is made to the authority that issued the decision. It may also cause litigation deadlines to be missed. Therefore, the most effective way is to file a lawsuit before independent and impartial courts.
In cases of refusal or cancellation, a lawsuit may be filed with a request for a stay of execution, allowing the person to request suspension of the administrative act in Türkiye.

Legal Remedies Against the Decision: Objection and Annulment Lawsuit Process

If your residence permit application is refused or canceled, the legal remedies are grouped under two main headings:

Administrative objection (application to the administration)
Annulment lawsuit (filing a lawsuit)

Administrative Objection

Within 30 days from service of the refusal decision, a written objection may be filed with the Provincial Directorate of Migration Management that issued the decision.
This objection requests the administration to re-evaluate the act; the administration is not obliged to conduct a new assessment upon objection, but it provides an opportunity for criticism.
Filing an objection does not suspend the time limit for filing an annulment lawsuit — therefore, a separate lawsuit must be filed.
In practice, the decision rarely changes as a result of the objection procedure. Therefore, litigation deadlines should not be missed.
The objection procedure is not mandatory. A lawsuit may be filed directly.

Annulment Lawsuit

An annulment lawsuit must be filed with the competent court within 60 days (from the date of service of the decision) against the refusal or cancellation decision.
A request for a stay of execution may also be made together with the lawsuit. If the court accepts this request, the refusal/cancellation decision cannot be enforced during the lawsuit.
In the lawsuit, many issues may be raised, such as the grounds relied upon by the administration, procedural deficiencies, the principle of proportionality, and the person’s status.
Against the decision in the annulment case, an appeal to the regional administrative court (istinaf — higher court) is available; however, the decision of the regional court is final and there is no cassation (temyiz), save for exceptional cases.

Litigation Process and Strategy

When drafting the statement of claim, the deficiencies and unlawfulness associated with the refusal decision should be set out systematically.
Procedural defects (improper service, lack of reasoning, undated decision, insufficient examination) should be raised.
Arguments based on precedent decisions should be used.
If there is a risk of irreparable harm, a request for a stay of execution should definitely be submitted together.
Deadlines are strict; they are preclusive. If the deadline is missed, the right to sue is lost.

Consequences, Difficulties, and Risks of Refusal/Cancellation Decisions

The consequences that a refusal or cancellation decision may have for the applicant and points to consider:

An obligation to leave Türkiye within 10 days from service of the decision may arise. This period enables enforcement of the decision.
If the request for a stay of execution is not granted during the judicial process, the decision can be enforced.
If no objection or lawsuit is filed within the time limit, the refusal decision becomes final. When attempting to apply again for a residence permit, a new application cannot be made on the basis of the previous refusal grounds — it may be necessary to wait at least 6 months.
Upon re-application, applications not based on different grounds are not accepted.
A deportation order may be issued and an administrative fine may be imposed.
During enforcement of the decision, administrations may sometimes act unlawfully; legal action is required against such situations.

Frequently Asked Questions (FAQ) About the Short-Term Residence Permit

What is a short-term residence permit?
A short-term residence permit is a legal residence granted to foreign nationals in Türkiye for a specific purpose (for example, property ownership, education, medical treatment, research, etc.) for up to one year. This permit is regulated under Article 31 of Law No. 6458 on Foreigners and International Protection.
Who is eligible for a short-term residence permit?
Those who may apply for a short-term residence permit include:

Those who own real estate (residence) in Türkiye,
Those conducting scientific research,
Those participating in education, internship, or courses in Türkiye,
Foreigners who will receive medical treatment,
Those who wish to engage in commercial activities or establish a business in Türkiye,
Those who do not work in Türkiye but have sufficient financial means,
Those who lost eligibility for a family residence permit but wish to remain in the country,
Students who wish to stay in Türkiye after graduation.

Where is the application for a short-term residence permit made?
Applications are made to the Provincial Directorate of Migration Management.
While legally present in Türkiye, the foreign national should create their application online via the e-residence (e-ikamet) system and then attend the appointment by submitting the documents.
What documents are required for a short-term residence permit?
Currently required documents include:

Passport or valid travel document,
Biometric photograph,
Accommodation document (rental agreement, title deed, hotel reservation, etc.),
Statement of sufficient and regular financial means,
Health insurance,
Application form (obtained from the e-residence system),
Additional documents depending on the purpose (e.g., copy of title deed, student certificate, medical treatment document, etc.).

How long does the short-term residence permit application take?
Applications are generally concluded within 30 to 90 days.
However, high application volume, missing documents, or security checks may extend the process. Therefore, documents should be prepared completely.
For how long is the short-term residence permit granted?
It is generally granted for 1 year.
However, depending on the purpose of application and the individual’s circumstances, the period may vary between 6 months and 2 years.
For foreigners who own property, a 1-year permit is generally preferred.
In which situations is the residence permit application refused?
The application may be refused for the following reasons:

Submission of forged or incomplete documents,
Posing a risk to public order or security,
Existence of an entry ban to Türkiye (e.g., G-87, V-70, Ç-150),
Failure to demonstrate financial sufficiency,
Use of the permit for purposes other than those for which it was granted (e.g., working with a touristic permit),
Previous residence permit violations,
Existing criminal investigations or risks such as a MASAK account block.

In which situations is the short-term residence permit canceled?
Even if a residence permit has been granted, it may be canceled in the following cases:

The purpose of the permit has ended or the conditions have disappeared,
Staying outside Türkiye for more than 180 days,
Posing a threat to public security or public health,
Making false statements,
A deportation order has been issued,
A crime has been committed in Türkiye.

How is a refusal or cancellation decision served?
The decision is served in writing.
The notice must clearly include:

The reason for refusal,
The time limit for filing a lawsuit,
The administrative authorities to which an application can be made.
Decisions made without such notice are procedurally unlawful and may be subject to an annulment lawsuit.

Within what period can a lawsuit be filed against a refusal decision?
An annulment lawsuit may be filed with the competent court within 60 days from the date of service of the refusal decision.
If an administrative objection is also to be filed, the objection period is 30 days, but it does not suspend the litigation period.
Missing the litigation period means the decision becomes final.
Does filing a lawsuit suspend the residence permit process?
No, not automatically.
However, if a request for a stay of execution is made in the petition and the court grants it, the refusal/cancellation decision is temporarily suspended.
In this case, the person may continue to stay legally in Türkiye.
Can the foreign national remain in Türkiye while the lawsuit is pending?
Yes, if the court grants a stay of execution, the person may remain legally in the country.
Otherwise, despite the decision not being final, the Migration Authority may impose an obligation to leave the country within 10 days.
In which court is a lawsuit against refusal of a short-term residence permit filed?
The lawsuit is filed before the relevant court where the authority that took the action is located.
How long does the lawsuit take?
The lawsuit is typically concluded within 6 to 12 months.
However, factors such as court workload, expert reports, and service of process may extend this period.
Requests for a stay of execution are generally decided within 1–2 months.
Is it mandatory to hire a lawyer to file a lawsuit?
It is not mandatory, but since foreigners law and administrative litigation involve complex procedures, proceeding with a lawyer specialized in foreigners law offers significant advantages.
A lawyer tracks deadlines, remedies deficiencies, prepares reasoned petitions, and professionally manages the court process.
Can I re-apply after a refusal decision?
Yes, but a new application can be made only if the reason for refusal has been eliminated. However, you must exit the country and wait 6 months.
Repeated applications based on the same grounds are not accepted.
For example, if the refusal reason was “insufficient financial means,” bank statements and income documents should be strengthened in the new application.
Does a refusal or cancellation decision impose an exit ban from Türkiye?
A refusal decision alone does not impose an exit ban.
However, if a person remains in Türkiye with an expired residence permit, an overstay fine may be imposed.
In some cases, especially with restriction codes such as G-87 or V-70, an entry ban may also be imposed.
What happens if the court annuls the decision?
If the court annuls the act, the Migration Authority withdraws the decision and the application is re-evaluated.
In this case, the person may legally remain in Türkiye and a new residence card may be issued.
If I lose the case, can I apply again?
Yes, but the reason for a new application must be different.
By remedying the deficiencies specified in the court’s decision, a new application may be filed with new documents.
Otherwise, an application based on the same grounds will be refused again.
Can I apply to the Constitutional Court or the ECtHR against a refusal decision?
After the administrative court and appeal (regional administrative court) stages are completed:

An individual application to the Constitutional Court,
An application to the European Court of Human Rights (ECtHR),
are possible only if there is a violation of fundamental rights (for example, family unity, private life, discrimination).

In Summary

The short-term residence permit process is an administrative process that must be managed carefully.
Refusal or cancellation decisions are not always final — if there is a procedural or substantive defect, they may be reversed through an annulment lawsuit.
Obtaining legal assistance is crucial in terms of mastering both deadlines and evidence.