REJECTION, CANCELLATION, NON-EXTENSION OF RESIDENCE PERMIT / PERMIT APPLICATION

WHAT HAPPENS IF THE RESIDENCE PERMIT APPLICATION MADE FROM WITHIN Türkiye IS REJECTED, CANCELED OR NOT EXTENDED?

- First of all; Rejection of the residence permit request made within Türkiye, non-extension or cancellation of the residence permit and notification of these procedures are made by the governorships. 

- During these procedures, issues such as the foreigner's family ties in Türkiye, duration of residence, situation in the country of origin and the best interests of his child are taken into consideration, and the decision regarding the residence permit may be postponed.

- The rejection of the residence permit request, non-extension or cancellation of the residence permit is notified to the foreigner or his legal representative or lawyer. The notification also includes how the foreigner can effectively exercise his right to object to the decision and his other legal rights and obligations in this process.

 1- REJECTION OF RESIDENCE PERMIT APPLICATION

A residence permit application in Turkey may be rejected for some reasons. While some of these reasons are general reasons, some of them are regulated specifically for residence permit types. However, in general;

> The residence permit type is chosen incorrectly or the applicant is not suitable for the residence permit type,

> The residence permit application is made after the visa exemption period has expired,

> The foreigner who requests the residence permit has previously been deported or banned from entering Turkey,

> The foreigner does not meet the necessary conditions within the framework of the residence permit type,

> The foreigner does not meet the necessary conditions in the residence permit application. The passport, passport substitute document or visa submitted has been obtained illegitimately or is forged,

> The foreigner seeking a residence permit does not have the necessary, adequate and regular opportunities to reside in Turkey,

> There is no accommodation opportunity in accordance with health and safety standards,

> The foreigner has a health problem or disease that threatens public health,

> The purpose of the residence permit in Turkey is for a valid reason and purpose.

> The foreigner whose visa, visa exemption or residence permit has expired does not have a passport or passport substitute document valid for at least 60 days after this period,

> He does not have a valid health insurance that he can use during the period he wants to stay in Turkey,

> Failure to accept necessary payments such as visa violation, receivables arising from the previous residence permit, debts within the scope of the Law on Collection of Public Receivables,

> Possible within the scope of the Turkish Penal Code (TCK). Refusal to pay debts, fees and penalties,

> Failure to submit a criminal record document issued by official authorities from the country of which the foreigner is a citizen,

> Use of previous residence permit for purposes other than its purpose,

> Failure to declare an address for residence in Turkey. 

In these cases; An annulment action must be filed against the rejection decision within 60 days. At this stage, the applicant foreigner is asked to leave the country within 10 days. If the foreigner who is invited to leave the country continues to stay in Turkey, a legal deportation decision is made and administrative procedures are carried out to prevent this foreigner from entering the country again. Additionally, sanctions such as administrative fines may be imposed.

Filing an annulment case does not change the requirement that the foreigner leave the country within 10 days. In other words, even if the person whose residence permit application is rejected files a lawsuit for cancellation, he/she must leave the country until the case is concluded. However, the stay of execution decision is exceptional.

A- Objection to Rejection of Residence Permit Application

Objection to the rejection of residence permit application comes to the fore if at least one of the reasons for rejection is present. The rejection decision regarding the residence application will be notified to the applicant or his lawyer. The foreigner whose application is rejected has the right to appeal to the General Directorate of Migration Management or file a lawsuit in the administrative court within 60 days following the notification of the rejection decision.

If an objection is made, the competent authority has 30 days to evaluate the objection. Possibilities that may come to the fore after applying to the administration are listed below. If the response to the objection is positive, it becomes possible to obtain a residence permit.

If the response to the objection is negative, a lawsuit is filed in the administrative court within the remaining period of the 60-day lawsuit filing period. The 60-day period will stop as soon as an objection is made to the administration, and the remainder of the period will continue as of the notification of the rejection decision.

If the objection is not responded to within the 30-day period, the objection is deemed rejected and an annulment lawsuit is filed in the administrative court within 60 days. 

Particular attention should be paid to the durations here. It is possible to object to the administration or file a lawsuit in the administrative court for 60 days from the day following the notification of the rejection decision. For example, if the applicant submits an objection on the 10th day and this objection is rejected 20 days later, the remaining time to file an administrative lawsuit will be 50 days from the day following the notification of the rejection decision. During this period, an annulment case may be filed in the administrative court.

If the administrative case and objection deadlines are not determined correctly or are missed, the rejection decision will become final and the possibility of deportation for the foreigner will come to the fore. In order to avoid these risks, it is extremely important to take action by consulting an expert foreigners lawyer.

  B-  Cancellation Case Against Rejection of Residence Permit Application

An annulment case against the rejection of a residence permit application can be filed directly, without appealing to the competent authority, or after the objection option has been exhausted. Here, the competent and responsible court is the administrative courts where the authority giving the rejection decision is located. The period for filing an annulment lawsuit is 60 days, starting from the day following the notification of the rejection decision. 

A lawsuit is filed with a petition that clearly reveals the details of the issue. It is very important that the petition contains documents and information that justify the residence permit request. There is a possibility of appeal against the decision of the administrative court. The party who wants to object to the annulment case decision; He/she may submit a petition of appeal to the court that made the decision within 30 days following the day of notification of the decision.

            2- CANCELLATION OF RESIDENCE PERMIT

- First of all, those whose residence permit has been canceled must appeal to the administration that made the decision or file an annulment lawsuit in the administrative court within 60 days following the day on which the cancellation decision was notified. If one of these processes is not carried out and the person does not leave the country within 10 days, a decision to deport the person will be made.

In case of cancellation of the residence permit, an objection can be made to the administrative authority against this decision or a lawsuit can be filed directly in the administrative court for the cancellation of the decision. There is a period of 60 days from the day following the notification of the cancellation decision to use these legal opportunities.

The foreigner whose residence permit has been canceled can appeal to the Directorate of Immigration Administration against the cancellation decision within 60 days. In this case, the 60-day objection and lawsuit period will stop. The administration examining the objection will evaluate the foreigner's situation and make a decision. If there is no response to the foreigner for 30 days, the objection is deemed to be rejected.

The 60-day lawsuit period of the foreigner who appealed to the administrative authority and whose objection was rejected will continue from the day following the notification of the decision. In the remaining time, there will be the opportunity to file a lawsuit in the administrative court. In this case, it will be claimed that the cancellation of the residence permit is unlawful.

In case of cancellation of the residence permit, the steps to be taken must be determined and the deadlines and other procedural procedures must be observed. Otherwise, the foreigner may be deported. Therefore, it would be beneficial to carry out the process with a foreigners' lawyer.

      3- REJECTION OF THE RESIDENCE PERMIT EXTENSION APPLICATION

Rejection of the residence permit extension application; It is discussed in terms of residence permit types in various provisions of the Law. If any of the conditions required for a residence permit and existing at the time of application disappear after the residence permit is granted, the residence permit extension application will be rejected. 

Similarly, if the conditions required for the extension application are not met or if an error is made in terms of time and procedural procedures, the application will be rejected. The details you need to know about the residence permit extension process are in our article “residence permit extension”.

The residence permit extension application must be submitted within the last 60 days of the current residence permit. Otherwise, the application will be rejected. If the residence permit extension application is rejected, there are ways to object and cancel this process. 

  Objection and Cancellation Case Against the Rejection of Residence Permit Extension Application

Objection and cancellation case against the rejection of the residence permit extension application are subject to the same provisions and principles as the rejection of the residence permit application. The person whose extension application is rejected can apply for the legal opportunities explained above as ways of objecting to the rejection of the residence permit application and filing for annulment, under the same conditions.

Therefore, there is a 60-day period from the day following the notification of the rejection decision for the options of objection and cancellation. These requests cannot be made after this period has expired.

Stay of Execution in Cancellation Case

When the person whose residence permit extension application is rejected or whose permit is canceled files a lawsuit against it; If the case is filed with a request for stay of execution, the person can continue to benefit from the residence opportunity during the lawsuit.

But for this, the case must be filed with a request for stay of execution and this issue must be taken into consideration while preparing the petition. Once the stay of execution is decided, the applicant will continue to benefit from the opportunities provided by the residence permit until the case is concluded.

 Re-Application After Rejection of Residence Permit Application

After the rejection of the residence permit application, re-application is possible. Regulation on the Implementation of YUKK art. The provision of 21/10 regulates this issue. According to the provision in question; Those whose residence permit or extension applications are rejected must rely on a different justification if they re-apply for a residence permit within 6 months. During this period, a new residence permit application cannot be made based on the same reasons.

However; Foreigners who want to apply for a residence permit based on the same reason can apply for the same reasons within 6 months. The 6-month period will start on the day following the day the decision to reject the application is notified to the foreigner.

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