How to Appeal a Residence Permit Rejection?

Our Turkish immigration lawyers represent our clients in other immigration law issues including; extending resident and work permits, applying for Turkish citizenship, and filing a lawsuit to cancel any rejections. We will answer your questions on how to appeal a residence permit rejection in Turkey.

Companixa Law Firm is a globally recognized Turkish immigration law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish immigration attorneys are prepared to handle work and resident permit applications and other services for immigration law.

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Given its complexity and frequent modifications, immigration law represents one of the biggest commercial and regulatory obstacles to the employment of key foreign personnel in Turkey. Our firm has the “client-centric” focus, depth, and breadth of expertise in the immigration sub-specialties that businesses require.

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How to Appeal a Residence Permit Rejection

How to Appeal a Residence Permit Rejection?

First of all, filing an application for a Turkish residence permit does not mean that the application will be accepted. The Provincial Immigration Administration has discretion in evaluating the applications. Residence permit requests may be denied due to missing documents or unavailability of conditions.

In this case, it is possible to file an objection for the denial of the residence permit request. In order to apply for a legal remedy against the rejection of the residence permit application, first of all, there must be an allegation that the decision subject to the case is unlawful.

Residence Permit Refusal Reasons

The reasons for the cancellation or non-extension of the residence permit differ. However, we can list some of these reasons as follows:

  • Failure to fulfill one or more of the conditions required for a residence permit or are eliminated
  • The usage of a residence permit other than the purpose for which it was issued
  • Carrying one of the diseases considered a threat to public health
  • Lack of adequate and regular financial status during the applicant’s stay
  • No valid health insurance covering the period of stay
  • Not having accommodation conditions in line with general health and safety standards
  • Not giving a Turkish address information
  • Applying for a residence permit after a visa violation or visa exemption period
  • Applying for the type of residence permit that is not suitable for the applicant

It is possible to increase the reasons for refusal, cancellation, or non-extension of residence permit requests mentioned above.  Provisions regarding the Appeal Case for the Refusal of the Residence Permit Request are regulated in Law No. 6458.

In case the residence permit request is refused, a “Notification Form” will be given to the foreign national. In this form, the reason for rejection of the application will be written.

In order to file an objection to the rejection of the residence permit request, the foreigner who has received a notification form must apply to the Administrative Court within 60 days of the notification. If the decision of rejection of the residence permit request is taken by the foreign representation offices, a lawsuit must be filed at the Ankara Administrative Court.

If the decision is taken by the governorships, a lawsuit must be filed against the rejection decision in the administrative court in which the governorship is located. The case of rejection of the residence permit request is a CASE OF CANCELLATION. With the said lawsuit, the annulment of the decision taken by the administration will be requested.

What Happens After the Rejection of the Resident Permit Application?

In case of rejection of residence permit request, a foreign national person, upon expiration of visa or visa exemption, if any; otherwise has to leave the country within 10 days. Objection to the denial of the residence permit request will not stop the deportation proceedings.

For this reason, a deportation decision will be made for foreigners who do not leave the country in due time. At the same time, administrative fines will be imposed. However, in case of an objection to the deportation decision within the time limit, the deportation procedures will be stopped. The time limit for the appeal to deport decision is 7 days.

Re-Application for The Resident Permit

In case the residence permit request is rejected, it is possible for the person to leave the country within the legal period and enter the country at any time. In this case, if the foreign national wants to make a new application within 6 months, he/she must submit a new residence permit request with another type of residence permit.

If the applicant wants to apply for a residence permit due to the same reason, it is mandatory to wait for the 6-month.

How Long Does The Appeal For Rejection Of Residence Permit Last?

The duration of the denial of the residence permit request varies depending on the city where the case is filed. However, in big cities such as Istanbul, Ankara, and Izmir, this case results in an average of 6-9 months. However, the duration may vary on the workload and the other reasons of the Court.

Other Turkish Immigration Services

We have the ability to tackle the full spectrum of immigration matters, including:

  • Work and resident permit applications
  • Extending resident and work permit
  • Application for Turkish citizenship
  • Develop Client Immigration Compliance Programs
  • Counsel Clients on Immigration Issues Resulting from Mergers and Other Business Transactions
  • Defend Against Claims of Unlawful Immigration Practices
  • Conduct Immigration Due Diligence In Connection with Business Transactions
  • Conduct Audits of Client Immigration Documentation
  • Prepare Immigration Documentation
  • Represent Clients in Naturalization Cases
Appeal a Residence Permit Rejection

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Our law firm is now one of the leading Turkish Immigration law firms in Istanbul, Turkey. You may reach us for How to Appeal a Residence Permit Rejection through our Contact page.

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