Residence Permit Application Rejected

Rejection of a residence permit application may be due to the application made by persons who will not be able to obtain a permit, or due to procedural errors made in the application. In order for foreigners applying for a residence permit not to face rejection, the process must be carried out correctly.
In our article, we will answer the questions of what is the rejection of the residence/residence permit application, what are the reasons for rejection, what consequences occur in case of rejection and what remedies should be applied. We recommend that you read our article carefully as it has important consequences for foreigners who apply.
The foreigner whose residence permit application results in a rejection decision will not be able to reside in the country. For this reason, it is very important to appeal the decision in accordance with the law. Getting support from a lawyer in this process will prevent possible mistakes.
What is Refusal of Residence Permit Application?
The rejection of a residence permit application is called the rejection of a residence permit application if it is determined that the application is not in accordance with the legal regulations or if another reason is determined as a result of the examination of the applications made by the competent authorities in accordance with the necessary procedures by foreign persons wishing to reside in Turkey.
In our country, the regulations on residence permit are included in the Law No. 6458 on Foreigners and International Protection. There is also a regulation on the implementation of the law. In a matter related to residence permit, these two legislative regulations will be applied together.
Reasons for Refusal of Residence Permit Application
Rejection of a residence permit application is mostly due to procedural errors. In addition, the grounds for refusal may differ depending on the type of residence permit application. According to the Law on International Protection of Foreigners, the reasons for refusal can be listed as follows

• Applying for a residence permit after the visa exemption period has expired
• Those who do not have a passport, passport substitute document, visa or residence permit, or those who have obtained these documents or permits by fraudulent means or have been found to be forged,
• Those who do not have a passport or passport substitute document with a validity of at least sixty days from the expiry of the visa, visa exemption or residence permit,
• Those who do not have valid health insurance covering the duration of their stay,
• Those who cannot justify their purpose of entry into, transit through or stay in Turkey,
• Those who do not have sufficient and regular financial means during their stay,
• Those who refuse to pay debts arising from visa violations or previous residence permits or debts due under the Law on Collection of Public Receivables or those who refuse to pay debts and penalties arising from the Turkish Penal Code,
• Those who do not have accommodation conditions in accordance with general health and safety standards,
• If requested, a criminal record certificate issued by the competent authorities of the country of citizenship or the country of legal residence,
• Determination that the residence permit is used for purposes other than the purpose for which it was issued
• Lack of necessary conditions according to the type of residence permit to be obtained
• There is a deportation order issued in relation to the foreigner
• The foreigner is banned from entering the country
• Carrying a disease that is considered a threat to public health
• Failure to provide information about the address where he will stay when he arrives in Turkey
• Having applied for a residence permit after a visa violation
• Applying for a type of residence permit that is not suitable for the person

Your residence permit application may be rejected for the reasons listed above. For this reason, it is important to get legal assistance in order to apply for a residence permit and to follow the process on a legal basis.

What can be done if the residence permit application is rejected?
The foreigner who wants to reside in Turkey applies for a residence permit by gathering the necessary information and documents. The application made by the competent authorities is examined. According to the legal regulations, the examination of applications must be completed within 30 days after the submission of all documents.
As a result of the examination, the competent authority makes a decision on the application. If the decision is positive, the foreigner may reside in Turkey within the period determined for the type of residence permit for which the foreigner has applied.
It is also possible for the competent authority to make a rejection decision as a result of the examination. The decision of rejection of the application made by the authorised persons is notified to the relevant person. The foreigner has the right to appeal this decision.
The foreigner may apply to the Administrative Court within 60 days after the notification of the rejection decision and file a lawsuit for the cancellation of the residence permit application rejection decision. If the decision to reject the residence permit application is taken from the foreign representative offices, the lawsuit is filed at the Ankara Administrative Court, and if it is taken from the governorships, the lawsuit is filed at the administrative court within the jurisdiction of the governorship.
This lawsuit to be filed upon the rejection of the residence permit application is a lawsuit for the cancellation of an administrative act. If this lawsuit is concluded in favour of the foreigner, the rejection decision taken by the administration is cancelled.
Upon the rejection of the residence permit application, the foreigner must leave the country within 10 days after the expiry of the visa or visa exemption. If the foreigner does not have a visa or visa exemption, he/she must leave the country within 10 days from the notification of the rejection decision.
The foreigner’s appeal against the rejection decision will not stop the 10-day period within which the foreigner must leave the country. If the foreigner does not leave the country within the 10-day period, a deportation order may be issued against the foreigner. In this case, it is also possible to impose an administrative fine. Therefore, it is very important to act in accordance with the deadlines.
In order to prevent this situation; the lawsuit filed for the cancellation of the refusal of the residence permit can be filed with a request for a stay of execution. In this case, a stay of execution can be provided by taking into account that irreparable and impossible damages may occur if the relevant decision is implemented while the lawsuit is pending. In this case, a deportation order will not be issued for foreigners.
Re-application Upon Rejection of Residence Permit Application
The foreigner who leaves the country within the specified time period upon the rejection decision may re-enter the country at a later date. If the foreigner wishes to make a new application within 6 months following the notification of the rejection decision, he/she must apply for a different type of residence permit than the previous application.
In order to re-apply with the same grounds of residence, the 6-month period must expire as of the notification of the rejection decision.
Frequently Asked Questions on the Subject
We have explained the basic legal regulations regarding the refusal of the residence permit application above. In addition, we have compiled the frequently asked questions about the refusal of the residence permit application to our law office below. We recommend that you examine these questions and their answers.
What is Refusal of Residence Permit Application?
It is the situation where the application made by foreigners who want to reside in Turkey within the visa period or within the current residence permit period is evaluated negatively by the relevant Migration Directorate. The rejection decision by the relevant Immigration Directorate may be due to procedural error, deficiency, error or within the discretion of the administration.
What are the grounds for rejection of a residence permit application?
A person’s application may be rejected due to procedural deficiency, failure to apply in due time. In addition; the relevant foreigner does not have the required qualifications, has a deportation order, has a ban on entry into the country, does not justify the purpose of stay in Turkey, does not have sufficient and regular financial means during the period of stay, etc. The application may be rejected for reasons related to the person himself and his situation. Or it may be decided to reject the residence permit application due to the erroneous assessment of the situation related to the discretionary authority of the administration.
How Does the Residence Permit Application Process Proceed?
The person makes an application electronically to obtain a residence permit by gathering the necessary information and documents from e-ikamet.goc.gov.tr. Thereupon, the administration must complete the examination of the residence permit application within 90 days from the delivery of the documents. Within this period, the administration will make a decision on the acceptance or rejection of the application.
What to do if the residence permit application is rejected?
If the relevant authority rejects the foreigner’s residence permit application, the person may file a cancellation lawsuit with a request for stay of execution at the administrative courts within 60 days from the notification of this rejection.
Should a foreigner whose residence permit application is rejected leave the country immediately?
If a stay of execution is requested in the cancellation of the administrative action filed upon the rejection decision and the administration has issued a stay of execution decision, the person does not have to leave the country. However, if the person does not have a visa or visa exemption, if a stay of execution decision has not been taken, the person must leave the country within 10 days from the notification of the rejection decision. With the decision to reject the residence permit application, the foreigner is also notified that he/she must leave the country within 10 days.
What happens if the foreigner whose residence permit application is rejected does not leave the country?
A deportation decision is issued for the foreigner who does not have a stay of execution or other justified reason.
Can the Residence Permit Application be Reapplied?
Yes. However, it should be noted that if a re-application will be made within 6 months from the notification of the rejection decision to the foreigner, a different justification for the residence permit should be based on.
Things to be Considered
In our article, we have provided information on the rejection of the residence permit application, the reasons for the rejection of the residence permit decision, and the administrative lawsuit process to be filed.

The above-mentioned information are the general actions to be taken upon the rejection of the residence permit application. It is necessary to plan and carry out the litigation process accordingly by taking into account the concrete situation of each foreigner who encounters a rejection decision. For this reason, it is important for foreigners whose residence permit application is rejected to continue the process with the help of a lawyer.

Examples of the Precedent Decisions of the Court in our favour in the Cancellation Cases We Filed Against the Decision of the Republic of Turkey Ministry of Interior Directorate of Migration Management on the Rejection of the Request for the Extension of the Residence Permit Application;