Immigration and Citizenship Law

What to Do If a Residence Permit Application Is Not Concluded Within 90 Days?

In this article 19 headings
  1. Within How Many Days Must a Residence Permit Application Be Concluded?
  2. On Which Date Does the 90-Day Period Begin?
  3. How is the 90-Day Period Calculated?
  4. Does the Expiration of the 90 Days Mean the Application Has Been Accepted?
  5. Does the Expiration of the 90 Days Mean the Application Has Been Rejected?
  6. What Steps Should Be Taken in Order If the Application Is Not Concluded Within 90 Days?
  7. What Information Must Be Included in the Written Petition?
  8. How Are Application Statuses Distinguished from One Another?
  9. The 90-Day Period with Practical Examples
  10. Must the Administration Inform the Applicant If the Period Has Been Extended?
  11. Is It Legal to Stay in Turkey While Awaiting Application Results?
  12. Can I Travel Abroad While Awaiting My Application?
  13. Is the Delay of the Application the Same Thing as the Delay of the Card?
  14. Common Mistakes Made After the 90-Day Period Expires
  15. Frequently Asked Questions About Residence Permit Application Delays
  16. Conclusion
  17. Author Information
  18. Compliance Statement with TBB Professional Rules and Advertising Prohibition
  19. Communication and Legal Information

Short answer: Residence permit applications must be concluded within a maximum of 90 days from the date when the information and documents are submitted in full to the competent authority. The expiration of ninety days does not mean that the application is implicitly accepted or rejected. The applicant must first check the date on which the period started, whether there are any missing documents in the file, and whether the decision has been served; then, they should inquire about the status via e-Residency, YIMER 157, and the relevant Provincial Directorate of Migration Management. If the delay persists, a written petition with a registration number must be submitted for the conclusion of the application, and administrative or judicial remedies must be evaluated based on the specific case file.

This guide explains the commencement of the 90-day period, the effect of missing documents on the period, the impact of a pending application on the foreigner's legal status in Turkey, the written application method, and the legal remedies available in case of delay. For permit types and the general application system, you can review our you may review.

Within How Many Days Must a Residence Permit Application Be Concluded?

According to Article 21 of the Law on Foreigners and International Protection No. 6458, residence permit applications are concluded within a maximum of 90 days. Article 22 of the Implementation Regulation of the Law on Foreigners and International Protection states that the period shall commence on the date when the information and documents are fully submitted to the competent authority. In case of an extension of the period, the foreigner must be informed.

The same explanation is also included on the Presidency of Migration Management's residence permit general information page . Therefore, in practice, it is not correct to look solely at the date the e-Residency form was created. The processing of the file by the competent authority and the completion of the requested documents are decisive.

On Which Date Does the 90-Day Period Begin?

The starting date of the ninety-day period is not the same for every file. Whether the application is an initial, extension, or transition application; whether the documents are submitted at the appointment, through the university's student affairs unit, or via another method determined by the administration is significant. The date to be taken as basis is the date when the required information and documents fully reach the competent authority.

The date the online form is filled out is not always the start date.

e-İkamet system generating the application form through %s is the first stage of the process. In an initial or transition application, the foreign national generally completes their application by submitting the required documents on the appointment date. Therefore, the day the form is filled out and the start of the 90-day period may differ.

The consequences of failing to attend the appointment at all are different. This issue must be distinguished from the failure to conclude a pending application within 90 days and what happens if you do not attend the residence permit appointment? must be evaluated within the scope of the guide.

How is the period evaluated if missing documents are requested?

The administration may request additional information or documents in order to review the application. Since the ninety-day period commences upon the submission of complete documents, the date on which the request for missing documents was notified and when they were completed must be separately determined in the file. If the applicant is granted a thirty-day completion period, this summons must not go unanswered. If the deficiencies are not remedied within the period, the application may be deemed withdrawn. For details, withdrawal of the residence permit application from processing you can review our article.

How is the 90-Day Period Calculated?

The Law and Regulation refer to the period as "ninety days". When determining the start date, the application form, appointment document, application document, document delivery report, missing document notification, and records showing the delivery of additional documents must be examined together. Calculations should not be made solely based on the SMS date or the card printing date.

IncidentSignificance regarding the 90-day period
Creation of the e-Residence formmay not solely indicate that the documents have been submitted in full.
Submission of documents at the appointmentIf the file is complete, it is crucial for most initial and transitional applications in terms of the starting point.
Notification of missing documentsThis may indicate that the file was incomplete at the outset; the content of the notification must be examined.
Completion of missing documentsIt can be evaluated as the date on which the information and documents became complete.
Rendering of the decisionThis is the date of conclusion; it does not necessarily have to be the same as the date of service.
Service of the decisionIt is also of significance regarding the limitation periods for filing lawsuits and other legal remedies against adverse administrative actions.

Example: If a foreign national created an online form on March 3, attended the appointment on March 20, and submitted the final requested additional document on April 2, it cannot be definitively stated that the 90-day period commenced on March 3. The date on which the documents were deemed fully complete must be determined based on submission records.

Does the Expiration of the 90 Days Mean the Application Has Been Accepted?

No. There is no provision in the legislation stipulating that a residence permit shall be deemed automatically approved if a decision is not rendered within 90 days. The applicant must not interpret the presence of the phrase "under evaluation" in the system as a positive decision. The issuance of a residence permit requires the competent authority to positively conclude the application and issue the permit document.

Does the Expiration of the 90 Days Mean the Application Has Been Rejected?

The expiration of the ninety-day period does not, in and of itself, constitute an explicit residence permit denial decision. A denial action requires the competent administration to negatively conclude the application, determine the grounds for the decision, and properly notify the decision. If an explicit denial decision has been served, what is evaluated is no longer merely the delay, but rather the grounds for denial and the legal remedy to be utilized against it. In this case residence permit denial and cancellation lawsuit our guide may be reviewed.

However, the administration's failure to make a decision for a prolonged period may also generate separate legal consequences within the scope of the rules governing the silence of administrative authorities. In this assessment, the 90-day special conclusion period, the written petition subsequently submitted to the administration, the content of the petition, the response given to the application, and the current provisions of the Administrative Judiciary Procedure Law No. 2577 must be evaluated together. Therefore, a general calculation such as "the same litigation period automatically starts for everyone when the 90th day is reached" is not reliable.

What Steps Should Be Taken in Order If the Application Is Not Concluded Within 90 Days?

1. Verify whether the period has actually expired

First, the date on which the documents were fully submitted must be determined. Appointment documents, application documents, deficiency notices, delivery minutes, SMS, and e-mail notifications must be arranged in chronological order. If documents were subsequently submitted to the file, their delivery record must be retained.

2. Check the application result via e-İkamet

Presidency of Migration Management's on the official e-İkamet page there is an option titled "I Want to See the Result of My Application". If the application number has been forgotten, the system's application number reminder screen can be used. Ensuring that the date of the inquiry is visible when taking a screenshot can be useful in subsequent written applications.

3. Obtain information from YİMER 157

The Presidency of Migration Management designates the Foreigners Communication Center, accessible via 157 from within Turkey and +90 312 157 11 22 from abroad, for questions and issues regarding residence permits. During the call, inquiries can be made as to which stage the application is in, whether there is any missing document record, and whether a decision has been rendered. The telephone call assists in obtaining information; it does not replace a written application and official notification.

4. Check notification and contact information

The telephone number, e-mail address, and physical address provided in the application must be up to date. The failure to receive an SMS does not conclusively indicate that no decision has been rendered in the file. Postal shipments, electronic notifications, institutional records, and the applicant's address information must be checked together. The non-delivery of the card despite its printing constitutes a separate issue; in such cases Actions to be taken when the residence card does not arrive our letter should be used.

5. Submit a written petition to the Provincial Directorate of Migration Management

A written petition may be submitted to the relevant Provincial Directorate of Migration Management with a request for the finalization of the application and information regarding the current status. The petition must clearly state the application number, foreign national identity number if any, application type, date of completion of documents, and the elapsed time. The application document, delivery records, and previously sent notices may be attached to the petition. The official record tracking number or receipt proving that the application has been received must be kept. To reach the authorized unit, the Presidency of Migration Management's provincial directorates contact page may be used.

6. Document the tangible impacts of the delay

If the waiting period creates tangible problems regarding educational enrollment, healthcare services, banking transactions, family reunification, travel, or any other procedure, relevant documents must be added to the file. The statement "urgent" alone is not sufficient; exam dates, hospital appointments, the deadline for a transaction, or family circumstances must be proven with documentation.

7. Evaluate administrative and judicial remedy options based on the case file

In the event that no decision is rendered despite a written request, provisions regarding the silence of administrative authorities may apply. However, the timing and subject matter of a potential lawsuit will vary depending on the date of the initial residence application, the date the file became complete, the last petition submitted to the administration, any interim replies if applicable, and the notification of an explicit decision. Furthermore, it must be determined whether only the failure to render a decision or a subsequently notified rejection procedure will be subject to litigation. To prevent loss of rights, a case-specific evaluation must be conducted based on the dates.

What Information Must Be Included in the Written Petition?

How Are Application Statuses Distinguished from One Another?

Not every delay encountered by the applicant constitutes a "violation of the 90-day period." A new application, lawsuit, or exit procedure initiated without determining the stage at which the file is located may create further problems. The following distinctions are of importance in practice:

File statusMeaningInitial review
Application has been created but the appointment has not taken placeThe application may not have been completed in due form yet.Appointment date and attendance record
Documents have been submitted, evaluation is ongoingThere may not be a favorable or unfavorable decision on the case file yet.Full document submission date and missing document record
Additional document requestedThe file may be awaiting completion.Notification date, requested document, and granted period
The application has been dismissed from the proceedingsThis is not the same procedure as a dismissal on the merits.Grounds for dismissal without prejudice and notification
The application has been denied.A negative final administrative act has been rendered.Date of service, grounds, and statute of limitations for filing a lawsuit
Application approved but the card has not arrivedThe evaluation may have been completed, and the printing or delivery process may have commenced.Favorable outcome record and PTT barcode

The 90-Day Period with Practical Examples

Example 1: Full submission of documents at the initial application appointment

The applicant completed the online form on January 5th, submitted all documents at the appointment on January 18th, and was not issued a notice of missing documents. When determining the commencement of the limitation period, the date of January 18th, on which the complete documents were submitted to the competent authority, shall be taken as the basis rather than January 5th. Therefore, the receipt regarding the appointment must be retained.

Example 2: Subsequent completion of missing documents

The applicant attended the appointment, but was requested to renew the valid health insurance document. The document was submitted at a later date. In such a file, the initial appointment date alone is insufficient; the date when the missing document was requested and the date when the complete file was constituted shall be investigated.

Example 3: Decision rendered but notification not received

Although the system indicates that the application has been concluded, the applicant may not have a copy of the decision in hand. In this case, instead of merely submitting a 90-day delay petition, the date, outcome, and service status of the decision must be ascertained. If there is an adverse decision, the service records should be further examined regarding the avenues of appeal.

Example 4: Non-receipt of the card following a positive decision

After a positive conclusion of the application, the printing or delivery of the card to the address may be delayed. At this stage, the issue of concluding the residence permit application may no longer exist. The PTT barcode, address accuracy, and delivery attempts must be examined.

Must the Administration Inform the Applicant If the Period Has Been Extended?

Yes. The Regulation and the statements of the Presidency of Migration Management state that the foreign national will be notified if the 90-day period is extended. However, a general notice such as "review is ongoing," a request for missing documents, an interim response, and a final decision do not carry the same legal nature. The date and exact content of the sent message or written document must be preserved.

The administration providing information regarding the delay does not mean that the application can be left pending for an indefinite period. It may be inquired in writing why the file is pending, whether there is any action required by the foreign national, and the projected stage of proceedings. Pursuant to the applicable texts on the national legislation page of the Presidency of Migration Management, national legislation page, accessible.

  • Applicant's name, surname, and contact information,
  • Passport and foreign national identification number details,
  • Residence permit application number and application type,
  • Appointment and full document submission date,
  • If there is a request for missing documents, notification and completion dates,
  • Explanation that the application was not concluded within the 90-day period,
  • Request for notification of the current stage of the application,
  • Request for the finalization of the case file,
  • Concrete and documented grievances caused by the delay, if any,
  • List of exhibits and date.

The petition must not consist of general statements; it must clearly show the chronology of the file. Rather than filing numerous applications with the same content, a clear petition submitted to the correct authority and duly registered is more functional.

In the application file, copies of the pages of the passport used during the application, the previous residence card, payment receipts, and documents showing the address must also be retained. If there is a discrepancy between the information provided during the phone call and the e-İkamet screen, this must be explicitly stated in the petition. In the event that another person acts on behalf of the applicant, the document demonstrating the power of representation may need to be appended to the file. Retaining a copy of each document showing the date of delivery facilitates the subsequent proof of deadlines and the chronology of the application.

Is It Legal to Stay in Turkey While Awaiting Application Results?

A residence permit application duly and properly completed is not the same as a form created solely online but left uncompleted. The applicant's residence permit application document, the previous residence permit, the type of application, and the processing status of the file must be evaluated together. Exceeding ninety days may constitute an administrative delay occurring without the foreigner's own fault; however, this situation should not be interpreted as an unlimited and unconditional right to stay.

In particular, the initial application not actually being completed, failure to attend the appointment, failure to submit missing documents, or the expiration of the previous permit period may alter the legal status of the file. If the application has been removed from processing or rejected, one should not proceed under the assumption that the "evaluation is ongoing."

Can I Travel Abroad While Awaiting My Application?

The pendency of the application does not, by itself, grant an unlimited right of exit and re-entry. A foreigner possessing a residence permit application document approved by the Directorate and a fee receipt may exit, subject to the conditions in the legislation and provided that they return within 15 days. If they remain abroad for more than fifteen days, visa provisions shall apply upon re-entry. Prior to travel, the validity of the document and the current status of the application must be verified.

Is the Delay of the Application the Same Thing as the Delay of the Card?

No. The application being in the evaluation stage and delays in the card printing or PTT delivery stage after a favorable decision has been rendered are distinct issues. In the former, there may not yet be a final decision regarding the application. In the latter, the permit has been granted favorably, but the card has not yet been printed or delivered. Before determining the course of action to be followed, the e-İkamet result and, if any, the PTT barcode record must be checked.

Common Mistakes Made After the 90-Day Period Expires

  • Calculating the ninety days from the online form date,
  • Assuming the file is complete without reviewing the missing document notification,
  • Assuming that the permit is automatically granted upon the expiration of the deadline,
  • Assuming that no notification was served solely based on the absence of an SMS alert,
  • Obtaining information exclusively by phone without creating a written record,
  • Failing to retain the application number and submission receipts,
  • Confusing a card delivery issue with the failure of the application to be concluded,
  • Assuming that the limitation period for filing a lawsuit starts on the same date in every case,
  • Traveling abroad during the waiting period without verifying the application document,
  • Creating conflicting procedures with the existing file by opening a new application.

Frequently Asked Questions About Residence Permit Application Delays

Is a residence permit application invariably concluded within 90 days?

The law provides for a maximum processing period of 90 days. In the event of an extension, the foreign national must be notified. Actual delays do not imply that the application has been automatically approved.

Does the 90-day period begin from the application date or the appointment date?

The essential date is the date on which information and documents are fully submitted to the competent authority. This date may be the appointment date in some files; if there are missing documents, a later date may apply.

Does the residence permit get issued automatically once the 90 days expire?

No. The expiration of the period does not automatically constitute a favorable decision.

Is the application automatically rejected once the 90 days expire?

No. Exceeding the period does not constitute an explicit decision of rejection. However, the legal consequences of the ongoing administrative silence must be evaluated based on the specific case file.

Is it mandatory to submit a petition to the Provincial Directorate of Migration Management?

Although there is no single mandatory procedural order for every file, a written petition ensures that the delay is put on record, the status of the application is inquired, and dates are established for subsequent legal evaluations.

Is the answer provided by YİMER 157 considered an official decision?

Information provided over the phone does not replace the written and served final decision of the competent authority. The conversation may help to understand the status of the file.

Does the right to work arise while the application is pending?

No. A residence permit application or application certificate by itself does not constitute a work permit. In order for a foreigner to work, they must hold a work permit or a valid work permit exemption regulated under the legislation.

Does leaving Turkey before the application is concluded result in the cancellation of the file?

The outcome of the travel depends on the availability of the application document, the departure and return dates, and the visa status. The rule of returning within 15 days with the approved application document and fee receipt must be taken into consideration.

If the application is rejected, does a 90-day delay automatically invalidate the rejection decision?

The 90-day period in residence permit applications commences on the date when the information and documents are fully submitted to the competent authority. Exceeding this period does not result in an automatic approval or an explicit rejection. The applicant must determine the exact date of complete file submission, check their status via e-İkamet and YİMER, monitor communication and service records, and, if the delay persists, submit a formal written application to the relevant Provincial Directorate of Migration Management. The legal remedies and statutory periods available against administrative silence must be determined separately based on the transaction dates of each file.

Conclusion

The 90-day period for residence permit applications begins on the date when the information and documents are fully submitted to the competent authority. Exceeding this period does not result in automatic approval or express refusal. The applicant must determine the exact date of submission of the file, check their status via e-İkamet and YİMER, review communication and notification records, and, if the delay persists, submit a formal written application to the relevant Provincial Directorate of Migration Management. The legal remedies and time limits available against administrative silence must be determined separately based on the transaction dates of each file.


Author Information

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

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This content is for informational purposes only. It does not aim to advertise, secure business, acquire clients, solicit, claim professional superiority, or guarantee results for any person or institution.

While preparing the content the Professional Rules of the Union of Turkish Bar Associations and the provisions regarding the prohibition of advertising for the legal profession have been observed. The information in this article does not constitute legal counsel or a definitive legal opinion with respect to any specific case.

Communication and Legal Information

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

Yakuplu Mahallesi, Hürriyet Bulvarı, Skyport Residence Kat:12 No:133 Beylikdüzü, İstanbul

Telephone: 0 (532) 669 34 90
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Atty. Batın Yılmaz

Author

Atty. Batın Yılmaz

Founding attorney of Batın Yılmaz Law Firm. He provides litigation and legal consultancy services in criminal law, corporate law, administrative law, real estate law, enforcement and bankruptcy law, and compensation law, as well as immigration and citizenship law.

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