Regulations and rules regarding residence permits given to foreigners in Turkey are included in the Foreigners and International Protection Law No. 6458.
Foreigners who want to reside in Turkey may sometimes face rejection decisions as a result of their residence permit applications to the competent authorities.
Sometimes the reason for this rejection decision may be that the foreigner's application does not meet the conditions in the law and legislation, and sometimes it may be due to the administration using its discretionary power to make a rejection decision.
Rejection of residence permit applications is often due to procedural errors in the application.
Applications that do not meet the conditions specified in the law must be repeated when the conditions are met.
It is not possible to accept an application that does not meet the legal requirements.
However, as we mentioned above, sometimes the administration may make rejection decisions that are not in accordance with the procedure and the law within the scope of its discretion.
There are a number of legal remedies that foreigners can apply regarding such rejection decisions.
MY RESIDENCE PERMIT APPLICATION WAS REJECTED, CAN I APPLY AGAIN?
A foreigner whose application is rejected can apply based on a new reason within 6 MONTHS.
Those who do not have a new reason must wait 6 MONTHS to apply for a residence permit again.
WHAT TO DO AFTER REJECTION OF A RESIDENCE PERMIT APPLICATION?
If the foreigner's residence permit application to the competent authority is rejected, the decision is duly notified to the applicant.
MY RESIDENCE PERMIT APPLICATION HAS BEEN REJECTED, DO I HAVE TO LEAVE THE COUNTRY?
With the rejection decision, the foreigner is given 10 DAYS to leave the country.
Foreigners with visa exemption can stay in Turkey until their visa exemption ends.
If the foreigner invited to leave the country does not leave the country within this period, he will face a deportation decision and administrative fine.
The applicant's remedies against the rejection decision begin from the moment the decision is notified to him or his representative.
The point that should be noted is that the rights provided to the foreigner against the rejection decision are subject to a limitation period.
After the limitation period has passed, any application made by the foreigner against the rejection decision will not be taken into consideration.
After the rejection decision is duly notified, the foreigner can apply to the Administrative Court within 60 DAYS against the rejection decision.
Since the decision to reject the residence permit is also an administrative action, a CANCELLATION CASE will be filed before the Administrative Court.
However, filing an annulment lawsuit against the rejection decision in the administrative court does not stop the 10-day period mentioned above.
The annulment case filed in the Administrative Court in order to stop the 10-day period from running must be with a SUSPEND OF EXECUTION request.