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How to Appeal a Residence Permit Rejection?

Akkas & Associates 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. Our Turkish immigration lawyers also represent our clients in other immigration law issues including; extending resident and work permits, application for Turkish citizenship, filing a law suit to cancel any rejections. We will answers your questions on How to Appeal a Residence Permit Rejection in Turkey?

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Our ability to provide a broad array of immigration-related legal services such as audits, compliance, tax, business formation, employment law, and “white-collar/government-enforcement” defense services has proven valuable to clients of all sizes. Our foreign language capabilities and experience living and working abroad allow us to comfortably serve our clients in any corner of the world.

How to Appeal a Residence Permit Rejection

How to Appeal a Residence Permit Rejection?

First of all filing an application for Turkish residence permit does not mean that the application will be accepted. The Provincial Immigration Administration has discretion in evaluating the applications. Residence permit request 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 residence permit other than the purpose which it was issued
  • Carrying one of the diseases considered as 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 residence permit after 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 the 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 from 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, foreign national person, upon expiration of visa or visa exemption, if any; otherwise it 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 deport 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, that is, apply for another type of residence permit. If 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 upon 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

Turkish Immigration Law

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Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s citizenship with investment law. Since 1992, our lawyers have been helping clients’ complex legal challenges and maximize opportunities for success. 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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