My Application for Turkish Residence Permit is rejected. What should I do?
One of the main reasons for the rejection of residence permit applications are due to wrongly prepared applications with incorrect or missing documents. The Turkish residence permit application procedure regulated by the Law on Foreigners and International Protection No. 6458 is a complex process, especially for those who do not speak the Turkish language and are unfamiliar with the procedures and paperwork involved. If you are a first time applicant afraid of having your residence permit application rejected, we advise you to consult our Turkish Immigration Lawyers. Our Turkish immigration Attorneys are fluent in English, Dutch, German and (of course) Turkish and we provide top quality legal services and consultancy in Turkish Immigration Law.
What are the rejection grounds for a Turkish Residence Permit Application?
Besides wrongly prepared applications with insufficient or incorrect documentation, there are several grounds for the refusal of Turkish Residence Permit Applications, including, but not limited to, inadequate financial means, posing a public health threat or having a criminal record, violation of Turkish immigration rules or not providing a Turkish address. It is important to understand on which specific grounds your residence permit application is rejected. You can find the reason for your residence permit rejection on the rejection letter sent to your legal address by the Turkish Directorate General of Migration Management.
What should I do after I receive a rejection letter for my Turkish residence permit application?
Once the rejection letter stating the refusal of a Turkish residence permit is notified to you, upon expiration of your visa or visa exemption period or in any case within 10 days, you have to leave the country. You can find out more about the refusal before the rejection letter is notified to you, by checking your application status on the website of the Directorate of Migration Management.
Legal action against the refusal of Turkish a residence permit
When you believe that the refusal of your residence permit application lacks legal grounds, you can request an annulment of the refusal decision from the Administrative Court within 60 days of the notification. In case the court decides to annul the refusal decision, your rejection decision will be cancelled. The duration of a lawsuit depends on several factors, such as the city where the case is filed and the workload of the courts.
Legal action against a deportation decision in Turkey
Be aware that a lawsuit for the annulment of a refusal decision will not stop deportation proceedings. When you do not leave Turkey within 10 days, as stated in the rejection letter, a deportation decision together with administrative fines will be issued against you. Therefore it is important that you not only object against the refusal decision of the residence permit application, but also against the deportation decision. You have the right to appeal against the deportation decision at the administrative court within 7 days from the notification of the decision. The administrative court decides on the objection within 15 days, during this period you will not be subject to deportation.
Applying again for a Turkish Residence Permit in case of an earlier rejection
When your residence permit application is rejected and you are unable to address the reasons for rejection, you may consider leaving Turkey within the legal period of 10 days. Once you enter Turkey again, you cannot directly apply for the same type of residence permit. There is a mandatory waiting period of 6 months. However, you do not have to wait 6 months after you enter the country again in case you want to apply for a different type of residence permit. For example, if you have been denied a family residence permit, you can apply for a tourist residence permit.
Conclusion
The complexity and frequent changes of Turkish Immigration regulations make residence permit application refusals unavoidable. However, If you believe that the refusal of your residence permit application lacks legal grounds, you can successfully start a lawsuit for the annulment of the decision. It is highly advisable to consult a Turkish immigration attorney, if you don’t know which legal actions you need to take to address the issue of your residence permit refusal or in case you need legal support in the appeal process. Immigration Lawyers at Turkish Legal Office have extensive knowledge and experience in many aspects of Turkish immigration law, including, but not limited to, short term and long term residence permit applications, extensions of residence permits and lawsuits for objections to residence permit refusals. Book a free online consultation or contact us today to see how we can help you!
