Residence Permit by Judicial or Administrative Authority Decision 2026

Short answer: A short-term residence permit may be granted to a foreigner who is required to stay in Turkey due to a judicial or administrative proceeding, based on the request or decision of the competent authority. This permit is regulated under Article 31/1-g of the Law on Foreigners and International Protection No. 6458. However, the mere existence of a lawsuit, investigation, or administrative file is not sufficient; there must be a concrete, up-to-date, and official letter or decision from a competent authority demonstrating that the foreigner's presence in Turkey is necessary.

This type of residence permit may arise in practice during proceedings conducted in the capacity of a victim, complainant, witness, suspect, defendant, or party. The outcome of each file varies. The legal basis of the application, the content of the relevant authority's letter, and whether the foreigner's presence in Turkey is genuinely necessary are evaluated together. For basic information on the general residence system, Residence Permit Types and Application Process in Turkey you can review our article.

What is a Residence Permit by Judicial or Administrative Authority Decision?

A residence permit by a decision of judicial or administrative authorities is a short-term residence permit subject to an official request or decision requiring the foreigner to stay in Turkey. The legal basis, Article 31/1-g of Law No. 6458. The official statement of the Presidency of Migration Management also specifies that the duration of the residence permit under this scope shall be arranged by taking into account the period stated in the decision or request.

The purpose of this regulation is to guarantee the legal stay of a foreigner who needs to be in Turkey for the proper conduct of ongoing judicial or administrative proceedings. Therefore, the permit is based not merely on the foreigner's personal desire to stay, but on the concrete necessity determined by the public authority.

Who Can Apply for This Residence Permit?

The law does not restrict the persons who may apply based on their procedural status in criminal proceedings or specific types of lawsuits. The criterion is that the foreigner is required to remain in Turkey depending on the request or decision of a judicial or administrative authority. In practice, this scope may be examined in the following situations:

• Foreigners whose statement, identification, or other procedural act is required as a victim, complainant, or witness in a criminal investigation,
• Defendants, victims, intervening parties, or witnesses who are required to attend hearings or specific proceedings during the prosecution stage,
• Foreigners who need to be in Turkey for the enforcement of a court decision or the completion of judicial proceedings,
• Persons whose presence in Turkey is officially requested in connection with proceedings, investigations, or inquiries conducted by an authorized administrative agency,
• Foreigners who must remain in the country due to the explicit request of a judicial or administrative authority, notwithstanding the expiration of the grounds for their previous permit.

These examples do not imply automatic approval. In each application, the authority's letter is examined with respect to its jurisdiction, currency, scope, and the extent to which it demonstrates the necessity of remaining in Turkey.

Is the Existence of a Lawsuit or Investigation Sufficient?

No. The mere existence of a foreigner's case file visible in UYAP, the scheduling of a hearing date, or representation by legal counsel does not, in itself, confer a right to a residence permit under Article 31/1-g. The law covers foreigners "who are required to stay in Turkey depending on the requests or decisions of judicial or administrative authorities." Therefore, the mere existence of a file must be distinguished from the requirement of physical presence in Turkey.

For instance, if the foreigner can be represented by proxy, can attend the hearing remotely, or if the nature of the case does not require physical presence, the authority may conclude that remaining in Turkey is not mandatory. Conversely, if the prosecutor's office or the court has explicitly stated that the foreigner must be present for specific proceedings, the legal basis of the application is strengthened.

What information must be included in the authority's letter?

Although there is no standardized single-type document, in practice it is important that the document clearly demonstrates the following matters:

• The name of the authority issuing the letter or decision,
• The case, investigation, docket, or proceeding number,
• The identity of the foreigner and their status in the proceedings,
• For which specific proceeding the presence of the foreigner in Turkey is required,
• The start date and, if possible, the end date of such necessity,
• The date, number, signature, or verification information of the document.

A general letter stating "the concerned party has an ongoing file" does not carry the same evidentiary weight as a specific letter stating "they are required to be present for proceedings to be conducted between these dates."

What Do Judicial Authority and Administrative Authority Mean?

Judicial authorities

Competent authorities managing the judicial process, primarily courts and Offices of the Chief Public Prosecutor, may be considered within the scope of judicial authorities. Whether the case is in civil, criminal, or another branch of judiciary is not solely decisive. The primary issue is the existence of a request or decision by the competent authority regarding the foreigner's presence in Turkey. Although case details can be viewed through UYAP Vatandaş Portal , the official letter required for the residence application must be obtained separately.

Administrative authorities

Public institutions authorized by law to conduct specific proceedings and make decisions may constitute an administrative authority depending on the nature of the specific case. However, an invitation letter from a private company, association, hospital, or individual is not considered an "administrative authority request" under this subparagraph. The issuing institution must possess authority based on public power, and the request must be connected to the official proceeding being conducted.

How Does This Permit Differ from Other Legal Statuses?

In particular, the notion held by a person subject to a judicial control decision that "since I cannot leave Turkey anyway, my residence permit automatically continues" is incorrect. Criminal procedure measures and foreigner law status are distinct administrative and legal proceedings. Similarly, regarding a foreigner who has deportation decision against them, both the deportation procedure and the residence request must be evaluated separately.

How to Apply for a Residence Permit by a Decision of Judicial or Administrative Authorities?

1. A competent authority document is obtained: The request or decision necessitating stay in Turkey is secured from the competent authority handling the file.
2. The scope of the document is verified: The identity, file number, justification, and required duration must be clear.
3. The application type is determined: Among the options of initial application, extension, or transition from another residence type, the one appropriate to the specific circumstances is selected.
4. The electronic application is completed: Application through the Directorate General of Migration Management e-Residency system. is made via.
5. The documents are submitted: The documents specified in the application form are submitted to the relevant provincial Directorate of Migration Management in accordance with the established procedure.
6. Requests for deficiencies are tracked: In the event that the official correspondence is updated or additional documents are requested, the granted deadline must not be missed.

If transitioning from an existing residence type to this ground, residence permit transition application its rules must be taken into consideration separately. If the period is to be extended while the same ground continues, residence permit extension application its duration and procedure must be followed.

What Are the Required Documents?

The definitive document list may vary depending on the application form, the foreigner's status, and the specific request of the provincial directorate of migration management. The Directorate of Migration Management also states that the required documents are indicated on the application form after the e-residence application is completed. Generally, the following documents are prepared:

• residence permit application form,
• The original passport or substitute document and copies of the necessary pages,
• Current biometric photographs,
• Documents showing the address of stay in Turkey,
• Valid health insurance or a document accepted in lieu of insurance,
• Receipts for the residence permit fee and card fee, or an exemption document,
• The request, interim decision, writ, or relevant official correspondence of the judicial or administrative authority,
• Supporting documents showing the current status of the file and the legal capacity of the foreigner,
• A duly executed power of attorney, if the transaction is conducted through a legal representative.

Directorate General of Migration Management residence permit frequently asked questions page, states that the application may be filed by the foreigner personally, through a legal representative, or an attorney authorized by a power of attorney, and that the physical presence of the foreigner may be required when necessary.

For How Long is the Residence Permit Granted?

There is no fixed duration applicable to everyone for this permit. According to the Presidency of Migration Management's explanations on residence permit types , the duration of the permit is determined by taking into consideration the period specified in the decision or request of the judicial or administrative authority.

Therefore, the presence of an indefinite or past date in the official correspondence may cause issues. Even if the proceedings are ongoing, if the stage requiring the foreigner to physically remain in Turkey has concluded, the extension request may be denied. Conversely, if the necessity continues, a timely extension application must be made with an updated official letter.

What happens if no period is specified in the official correspondence?

The failure to specify a timeframe does not mean that the application will be automatically rejected; however, it makes it difficult for the administration to determine the required duration. Obtaining an additional letter from the authority handling the file, explaining the estimated duration of the need or that it continues until a specific date, can reduce ambiguity.

Can One Work with This Residence Permit?

No, one cannot work based solely on a residence card. A short-term residence permit granted by a judicial or administrative authority decision provides the foreigner with the right to legal stay; however, a separate work permit or a statutory work permit exemption is required for the right to work. Individuals with employment plans work permit for foreigners must examine their conditions separately.

Why Might an Application Be Rejected or a Permit Cancelled?

The main risks are as follows:

• Failure to submit an explicit request or decision from the competent authority,
• The submitted document not being up-to-date or merely demonstrating the existence of the file,
• Failure to demonstrate that the foreigner's physical presence in Turkey is necessary,
• Expiration of the period specified in the decision or request,
• Failure to meet the general conditions for a short-term residence permit,
• Determination that the permit is being used outside the scope of its purpose,
• Having a valid deportation order or entry ban to Turkey,
• Submission of incomplete or contradictory information and documents.

When faced with a rejection decision, the grounds and appeal period stated in the notification document must be taken as the basis. For the general framework, residence permit denial and cancellation lawsuit our writing; in the event that the granted permission is subsequently revoked cancellation of residence permit you may review our article.

Can a Lawsuit Be Filed Against a Rejection Decision?

The rejection of a residence permit application or the revocation of an existing permit constitutes an administrative act and, if the conditions are met, may be subject to an annulment action in the administrative court. The limitation period for filing a lawsuit, the competent and authorized court are determined based on the date of service and the nature of the act. Making another application or submitting a petition to the administration does not stay the litigation period in all circumstances.

The following matters are of particular importance in an annulment action:

• Whether the official letter of the competent authority was valid on the application date,
• Concrete proceedings necessitating the foreigner's stay in Turkey,
• Whether the grounds for rejection comply with the documentation,
• Whether the administration evaluated the current official letter,
• Compliance of the decision with the principles of justification, proportionality, and legal security.

Initiating a lawsuit does not, in any case, grant the foreigner a new residence card or an automatic right to work. Legal stay and deportation risks must be additionally evaluated based on the entirety of the specific case file. If there is also a restriction code or an entry ban restriction codes and precedent rulings our work may serve as a guide.

Pre-Application Checklist

• Was the official letter actually issued by the competent institution?
• Are the foreigner's identity information and file number correct in the document?
• Is the necessity of staying in Turkey clearly stated?
• Are the required duration or upcoming procedure dates indicated?
• Is the document up to date; is a new document required for the subsequent stage of the file?
• Are the passport, address, insurance, and other general documents complete?
• Has it been correctly determined whether an initial, transition, or extension application will be made?
• Are there any other decisions of rejection, revocation, deportation, or entry ban?

Frequently Asked Questions

Is having a pending lawsuit in court sufficient for me to obtain this residence permit?

No. The lawsuit record alone is not sufficient. It must be concretely demonstrated that the foreigner's stay in Turkey is necessary upon the request or decision of the competent judicial authority.

Can a foreigner who is a witness apply for this permit?

If the competent authority deems the witness's presence in Turkey necessary and this matter is stated in an official document, the application may be evaluated. Merely having one's name on the witness list does not create an automatic right.

Does a travel ban (foreign travel restriction) serve as a residence permit?

No. A travel ban restricting departure from the country is a judicial measure, not a residence permit card. The legal residence status of the foreigner must be regulated separately.

Is the permit granted until the conclusion of the court proceedings?

Not necessarily. The duration is determined by taking into account the period of need specified in the authority's decision or request. Even if the trial continues, the need for physical presence may be shorter.

Can an attorney file the application?

The application may be filed through an attorney holding a properly executed power of attorney. However, the administration may require the foreigner to be present in person upon application if deemed necessary.

Does this residence permit grant the right to work?

No. To work, a valid work permit or a work permit exemption complying with the legislation must also be held.

Does the permit continue if the request of the authority ceases?

When the legal basis for the permit ceases to exist, there is a risk of revocation or non-extension. If the foreigner has another legal ground for stay, the transition to the appropriate residence type must be evaluated without delay.

Conclusion

In cases involving residence and judicial or administrative authority decisions, a clear and up-to-date official document requiring the foreigner's presence in Turkey lies at the core of the residence permit. The mere existence of a lawsuit or investigation is not sufficient by itself. The justification, scope, and duration of the authority's letter must be consistent with the other documents in the application file. In the event of an application rejection or permit revocation, the notification date and legal remedy periods must be examined without delay.

In files where residence and work status must be evaluated together on our immigration and aliens law services page you can benefit from the subject headings.

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Author Information

Attorney Batın YILMAZ

Istanbul Bar Association Bar Registry No: 77008

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Attorney Batın YILMAZ

Istanbul Bar Association Bar Registry No: 77008

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