Rejection of residence permit based on commercial connection, if issued solely on the grounds that "the foreigner failed to justify the purpose of stay with legitimate reasons" without evaluating the documents demonstrating the foreigner's commercial activity in Turkey, may be unlawful. In a dispute where the applicant submitted the Trade Registry Gazette, circular of signature, and tax certificate belonging to the company in which they are a partner during the application, the Istanbul 1st Administrative Court determined that documents proving the commercial purpose of stay existed and annulled the rejection procedure.

The decision does not imply that every foreigner who establishes a company or becomes a partner in a company will automatically obtain a residence permit. The core issue reviewed by the court is whether the commercial purpose asserted in the specific application is supported by information and documents, and whether the administration's assumption that "no documents were submitted" complies with the contents of the case file.

The lawsuit examined in this article was filed and pursued in the capacity of plaintiff's counsel by Atty. Batın Yılmaz was filed and pursued by. While preparing this review, the legal reasoning of the decision was preserved; data enabling identification, such as the applicant's name, nationality, company title, address, and electronic notification information, were redacted from the text.

Brief Summary of the Decision

Court	Istanbul 1st Administrative Court
Case file number	2025/1628
Decision number	2025/3927
Decision date	October 10, 2025
Defendant administration	Istanbul Governorate
Subject of the lawsuit	Rejection of short-term residence permit applications made for commercial connections or business establishment purposes
Core dispute	Whether the applicant has demonstrated their purpose of stay in Turkey with sufficient information and documentation
Conclusion	Annulment of the rejection act

The court drew attention to the fact that the phrase "invitation letter or similar documents" in the Regulation does not enumerate the documents as a closed list. It ruled that official documents demonstrating company partnership are sufficient to prove the authenticity of the commercial purpose, and found the rejection of the application based on a contrary assumption unlawful while these documents were present in the file.

Emergence of the Dispute and Application Process

The applicant resided in Turkey under a student residence permit between February 29, 2024, and March 1, 2025. Following the cancellation of university enrollment on December 5, 2024, it was decided to terminate the student residence permit as of this date. However, the court decision further noted that no document demonstrating the service of the residence permit termination decision to the foreign national was submitted to the case file by the administration.

The applicant applied for a short-term residence permit on February 27, 2025, prior to the expiration date indicated on the current residence permit card, based on the stay purpose of "those who will establish commercial connections or business." According to the case file, the foreign national became a partner in a limited liability company established on December 16, 2024, and submitted the Trade Registry Gazette, circular of signature, and tax registration certificate of the company to the administration as attachments to the application.

The Istanbul Governorship Provincial Directorate of Migration Management rejected the application by its transaction dated June 24, 2025, on the grounds of "failure to substantiate the purpose of entry into, transit through, or stay in Turkey with justified grounds." Upon the rejection, an annulment action was filed, asserting that the commercial purpose was demonstrated through official documents and that the administrative act contradicted the documents in the file.

What is a Residence Permit for the Purpose of Commercial Connection or Establishment of Business?

Of the Law on Foreigners and International Protection No. 6458, Subparagraph (c) of the first paragraph of Article 31 lists foreigners who will establish commercial connections or business in Turkey among those who may apply for a short-term residence permit. This regulation determines the grounds for application; it does not unilaterally establish an absolute right to a permit.

For detailed information regarding the conditions of the permit type and the evaluation of documents in practice, residence permit for the purpose of establishing business connections or starting a business our guide may be reviewed. Meanwhile, the general structure of all residence types in Turkey is explained on Residence Permit Types and Application Process in Turkey our page.

Basic Conditions Required Under Law No. 6458

Pursuant to Article 32 of the Law, it is not sufficient for the foreigner to merely state one of the stay purposes enumerated in Article 31. They must also submit information and documents related to the asserted purpose. Furthermore, the foreigner must not fall within the scope of Article 7 of the Law, must possess accommodation conditions complying with general health and safety standards, must submit a criminal record certificate upon request, and must declare the address where they will stay in Turkey.

Examined element	Corresponding aspect in the application
Legal ground of stay	Explicit declaration of the purpose to establish commercial connections or business
Purpose-related document	Trade registry record, partnership certificate, invitation letter, contract, or other documents appropriate to the nature of the work
Passport and entry conditions	Possession of a valid travel document and not falling within the scope of Article 7 of the Law
Accommodation and address	Proof of the address of stay in Turkey and adequate accommodation conditions
Other general conditions	Requested health insurance, financial means, and related supplementary documents

Pursuant to Article 33 of the Law, if any of the conditions set forth in Article 32 are not fulfilled or subsequently cease to exist, a short-term residence permit shall not be granted; if granted, it may be cancelled, or the extension request may be denied. Therefore, while the existence of a document proving the commercial purpose is important, the other general conditions of the application shall also be evaluated separately.

What Does “Invitation Letter or Similar Documents” Mean?

Dated March 17, 2016 Of the Regulation on the Implementation of the Law on Foreigners and International Protection Article 28 stipulates that if the residence permit request made for commercial connections or business establishment exceeds three months, the foreigner may be required to submit an invitation letter or similar documents from the persons or companies they will contact.

The Court specifically evaluated the phrase "or similar documents." It concluded that the regulation does not restrict acceptable documents solely to an invitation letter, and that, depending on the nature of the commercial relationship, different documents may also substantiate the purpose of stay. The primary purpose here is to verify the veracity of the commercial reason declared by the foreigner through relevant information and documents.

Which documents were submitted in this case file?

The Turkish Trade Registry Gazette record of the company in which the applicant is a partner,
The circular of signature belonging to the company,
The tax certificate of the company,
Records demonstrating the applicant's partnership status in the company.

The Court found these documents sufficient to prove the purpose of stay stated in the application for commercial connection purposes. The outcome of the decision should not be construed broadly to mean that the aforementioned three documents are complete and solely sufficient in every case. The activities of the company, the role of the applicant, the authenticity of the commercial relationship, and other conditions of the application may be separately examined within the specific case file.

What Was the Administration's Grounds for Denial?

The administration defended that the applicant relied on the purpose of stay based on commercial connections after their university enrollment was cancelled, and failed to submit information or documents to prove their commercial relationship. The legal basis of the rejection action was associated with the condition of "failing to justify the purpose of entry into, transit through, or stay in Turkey" set forth in subparagraph (f) of the first paragraph of Article 15 of the Law.

However, it was understood from the case file that the company was established on December 16, 2024, and official documents demonstrating the partnership were submitted to the administration as an annex to the residence permit application. Thus, the defense that "no document proving the commercial relationship was submitted" was found to be inconsistent with the material content of the application file.

The Court's Grounds for Annulment

The Istanbul 1st Administrative Court stated that a foreigner applying for a short-term residence permit must both assert a purpose of stay enumerated in the law and submit information and documents supporting this purpose. It acknowledged that the types of documents listed in the Regulation are not exhaustive and that, depending on the nature of the business, different official documents demonstrating the commercial purpose may be taken into consideration.

Since documents demonstrating the company partnership and the legal existence of the company were present in the file, it was concluded that there were evidentiary documents justifying the commercial purpose asserted by the applicant. Therefore, the Court ruled that there was no compliance with the law in the rejection of the short-term residence permit application made for the purpose of commercial connections or establishing a business.

Did the Court step into the shoes of the administration and grant the permit?

No. The administrative court did not directly issue a residence permit to the applicant. Its action consists of reviewing the lawfulness of the rejection decision in terms of its grounds and file contents, thereby annulling the rejection. The administration must render a new action by taking into account the reasoning of the court decision.

Does Company Partnership Automatically Grant a Residence Permit?

No. The establishment of a company, a foreigner becoming a partner in a company, or holding a tax registration certificate does not solely and automatically grant a residence permit. While these documents may support the purpose of commercial stay, the administration may request additional information regarding the actual activity of the company, the partnership structure, the commercial connections of the foreigner, and other general conditions of the application.

For example, a company established merely on paper without any commercial activity may not be evaluated in the same manner as a company carrying out regular operations where the foreigner assumes a genuine commercial role. The documents submitted in the application must be up-to-date, consistent with one another, and connected to the declared purpose of stay.

The Difference Between a Residence Permit and a Work Permit

A short-term residence permit obtained for the purpose of commercial connections or establishing a business does not grant the foreigner the automatic right to work in Turkey. As a rule, the actual employment of the foreigner as a company partner or manager is evaluated separately within the scope of work permit legislation. International Workforce Law No. 6735 regulates the fundamental legal framework of the work permit.

In other words, company partnership may be one of the elements proving the commercial purpose in a residence application; however, a residence permit and a work permit are not interchangeable documents. For work permit applications and current practices, General Directorate of International Labor of the Ministry of Labor and Social Security official statements must be checked.

Is It Possible to Transition from a Student Residence Permit to a Commercial Residence Permit?

When the grounds underlying a residence permit change, the foreigner may apply for the type of permit appropriate for their new purpose of stay. However, the expiration, revocation, or disappearance of the purpose of the previous permit carries additional significance in terms of the application timing and legal status of stay. The new ground for stay must be demonstrated not merely formally, but genuinely and with documentation.

In the case under review, reliance was placed on the ground of commercial connection after student registration ceased. The point accepted by the court is not only that the applicant advanced a new ground of stay, but also that this ground was supported by official documents regarding company partnership. The decision cannot be interpreted to mean that any foreigner whose student status ends can automatically obtain a residence permit by establishing a company.

Why is the notification regarding the cancellation of the previous permit important?

The court decision states that information or documents demonstrating that the decision regarding the cancellation of the student residence permit was served to the applicant were not submitted by the administration. Notification can be significant in terms of when a person becomes aware of an administrative act, the commencement of litigation or application periods, and the assessment of legal stay status. Nevertheless, the primary ground for the annulment ruling in this case is the presence of documents proving commercial intent.

If transitioning to another residence permit type after the termination of the current ground for stay—such as student status, family ties, property ownership, or a previous work permit—the application timing, the 10-day period, and the conditions of the new permit type must be evaluated together. For detailed information regarding the distinction between extension and transition, and examples of transitions to different residence types, our residence permit transition application guide you may review.

Outcomes Established and Not Established by This Decision

Conclusion that can be drawn from the decision	Conclusion that should not be drawn from the decision
Official documents concerning commercial intent must be concretely evaluated by the administration.	Every company partner's residence permit is definitively approved.
The phrase "similar documents" in the regulation is not limited solely to an invitation letter.	No additional documents can be requested for commercial intent.
The justification for rejection must be consistent with the factual data in the application file.	The administration has no discretionary evaluation power in short-term residence applications.
In an annulment lawsuit, it is important that the document was submitted to the administration on the application date.	Every document submitted for the first time during the lawsuit necessarily remedies the deficiency in the application.
The court has annulled the rejection procedure.	The court has directly issued a residence card.

The decision is based on the documents and circumstances of the specific dispute. The occurrence of the same outcome in other files depends on the authenticity of the commercial activity, the time of application, the documents submitted, other residency conditions, and the justification for the rejection decision. Therefore, this decision should not be presented as a binding general rule producing automatic results or as a guarantee of outcome.

Which Documents Can Be Prepared for Commercial Applications?

The document list may vary depending on the company type, the foreigner's role, and the nature of the commercial relationship. The following documents are examples that can be used to explain the commercial purpose based on the specifics of the particular application:

Turkish Trade Registry Gazette and current registry records,
Articles of association and documents showing the foreigner's partnership share,
Circular of signature or signature declaration,
Tax certificate and tax liability records,
Certificate of activity and chamber registration records,
Workplace lease agreement or title deed,
Commercial contracts, invoices, orders, and bank statements,
Invitation letters received from companies or individuals to be contacted,
Business plan and description of the commercial activities requiring residence in Turkey,
Records demonstrating the foreigner's position within the company and its connection to the activity.

This list is neither mandatory nor exhaustive. Not only the existence of the documents matters, but also their currency, verifiability, internal consistency, and the connection they establish with the commercial purpose of stay. Application procedures via the e-Residency system of the Presidency of Migration Management are conducted through; current announcements in the official system and the documents requested in the application form must also be verified.

How Should the Case File Be Examined Upon Receiving a Rejection Decision?

The full text of the rejection decision and the date of service must be determined.
The legal provision upon which the grounds for rejection are based must be identified.
A complete copy of the documents submitted to the administration during the application must be obtained.
It must be examined whether the commercial activity is supported solely by company registration or also by de facto activity documents.
The previous residence permit and, if applicable, the service of the cancellation or termination procedure must be checked.
It must be investigated whether there is a contradiction between the administration's assumption that "no documents were submitted" and the application file.
The competent and authorized administrative court must be determined before the expiration of the litigation period.

regarding the scope of the residence permit application document issued while the application is pending, its consequences for travel, and whether it substitutes for a permit residence permit application document detailed information can be obtained from our written correspondence. The removal of an application from the record before its conclusion is an administrative status distinct from a decision of rejection; this distinction withdrawal of the residence permit application from processing explained in our guide.

Limitation Period and Competent Court in Annulment Actions

The rejection of a residence permit application constitutes an administrative act. In cases where no specific period is prescribed, the general limitation period for filing an annulment action is 60 days starting from the day following the written notification. However, the method of service, the legal remedy information in the decision, prior administrative applications, and the specific circumstances of the case file may affect the calculation of the limitation period. Therefore, the period must be calculated separately for each file.

Abditory Procedure Law No. 2577, contains the fundamental provisions regarding the limitation period and procedure of the annulment action. When determining the competent court, the administrative authority that enacted the act and the jurisdiction rules of the administrative judiciary must be evaluated together. The reviewed lawsuit was heard before the Istanbul Administrative Court against the Istanbul Governorship, which enacted the rejection act.

Judgment of the Court and Legal Remedies

The Istanbul 1st Administrative Court unanimously decided on October 10, 2025, to annul the subject act. It was ruled that a writ be issued to the relevant tax office for the collection of 1,291.80 TL in litigation expenses, which were not initially collected due to the acceptance of the legal aid request, from the defendant administration. It was decided that 87.50 TL in power of attorney fees covered by the plaintiff and 18,000 TL in counsel fees determined in accordance with the tariff in effect as of the date of the decision shall be collected from the defendant administration and awarded to the plaintiff.

The right of appeal before the Istanbul Regional Administrative Court is available within 30 days from the date of notification against the decision. The expense and counsel fee amounts in the decision pertain to the tariff effective on the date of the decision and the procedural status of this file; they should not be construed as the cost or counsel fee of a current lawsuit.

Frequently Asked Questions

Is establishing a company in Turkey sufficient to obtain a residence permit?

It is not sufficient on its own. Company and partnership documents may support the commercial purpose; however, the reality of the activity, the applicant's connection with the company, and the other conditions for a short-term residence permit are also evaluated.

Is an invitation letter strictly required for a commercial connection application?

The regulation uses the phrase "invitation letter or similar documents." In the reviewed decision, the court accepted that document types are not limited to an invitation letter and that official documents demonstrating company partnership must also be evaluated.

Do the tax plate and the Trade Registry Gazette grant a permit in every application?

No. These documents were deemed sufficient to prove the commercial purpose in the specific case. In every application, the current status of the document, the company's activity, the foreigner's partnership and duty status, and other residence conditions are examined separately.

Does a residence permit obtained for commercial purposes grant the foreigner the right to work?

No. A residence permit and a work permit are distinct legal statuses. As a rule, a foreigner must separately meet the requirements set forth in the work permit legislation in order to work de facto in Turkey.

Does the court's annulment decision directly ensure the issuance of a residence card?

The court does not directly issue a residence card. It annuls the rejection procedure, and the administration is required to take a new action in accordance with the reasoning of the court decision.

What is the statutory period for filing a lawsuit against the rejection of a residence permit?

In the absence of a special provision, the general statute of limitations for filing an annulment action is 60 days starting from the day following the written notification. However, since notification, administrative applications, and the specifics of the file may affect the calculation of the deadline, the specific decision must be examined independently.

Conclusion

The decision of the Istanbul 1st Administrative Court, E. 2025/1628, K. 2025/3927, demonstrates that in applications for a short-term residence permit for the purpose of establishing commercial connections or setting up a business, the documents supporting the declared purpose of stay must be evaluated based on their actual substance. Although the Trade Registry Gazette showing company partnership, circular of signature, and tax plate were submitted during the application, the rejection decision issued on the assumption that “there was no document proving the commercial relationship” was found to be unlawful.

The significance of the decision lies not in company partnership granting an automatic right of residence, but in revealing that the grounds for the administrative action must be consistent with the documents in the application file and be open to judicial review. In a similar dispute, the application date, previous residence status, submitted documents, the actual activity of the company, and the grounds for rejection must be examined together.

Full Anonymized Text of the Decision

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Author Information

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

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