Immigration and Citizenship Law

What Should a Foreigner Do If Their Residence Permit Is Denied? Appeals and Legal Remedies

Atty. Batın Yılmaz 19 min read Updated:
In this article 15 headings
  1. Quick Answer: What Should a Foreigner Do If Their Residence Permit Is Denied?
  2. Why Is a Residence Permit Application Denied?
  3. Is It Mandatory to Leave Turkey Within 10 Days If a Residence Permit Extension Application Is Denied?
  4. What Should a Foreigner Do If They Want to Stay in Turkey After Their Residence Permit Is Denied?
  5. Most Common Mistakes in Residence Permit Extension Applications
  6. Practical Example: A Foreigner Whose Residence Permit Extension Application Was Denied
  7. Practical Example: Notification of Denial Decision Received by an Attorney
  8. Is the Court of Cassation (Yargıtay) Competent in Residence Permit Denial Lawsuits?
  9. Residence Permit Denial Lawsuits Followed by Our Firm
  10. Frequently Asked Questions
  11. Conclusion and Legal Assessment
  12. Relevant Residence Permit Guides
  13. Official Sources
  14. Author Information
  15. Communication and Legal Information

Quick Answer: What Should a Foreigner Do If Their Residence Permit Is Denied?

A foreign national whose residence permit application has been rejected must first learn the grounds for the refusal decision and carefully examine the notification served upon them. If the refusal or non-extension decision states that departure from Turkey is required within a specified period, this period must also be monitored.

For the general framework regarding residence permit types, initial applications, extensions, and transition procedures, you can review our comprehensive 2026 residence permit guide for Turkey . In evaluating the refusal decision, the conditions of the applied permit type and the administrative grounds for refusal must be considered together.

However, there is a crucially important distinction here:

The 10-day period is not the statutory period for filing a lawsuit.

Regarding filing a lawsuit against the administrative act concerning the refusal of a residence permit, generally, a 60-day litigation period applies. Therefore, the fact that a notification was served upon the foreign national stating, "You are required to depart from Turkey within 10 days," does not mean that the right to file a lawsuit will be forfeited if a lawsuit is not filed within 10 days.

If a person whose residence permit extension application has been rejected does not wish to leave Turkey, by assessing whether the refusal act is lawful filing an annulment action in administrative jurisdiction comes to the agenda.

In addition, the reasoning of the rejection decision must be examined in detail. In practice, in residence permit extension applications the presence of regular and sufficient income of the foreigner is one of the important evaluation criteria. Therefore, when making an extension application, it is crucial to submit the statements of actively used bank accounts and documents showing how the foreigner maintains their livelihood to the file.

The failure to finalize the application for a long time does not mean in itself that a rejection decision has been rendered. For detailed information regarding the statutory evaluation period starting from the complete submission of the file, the legal consequences of the delay, and official recourse channels, what to do if a residence permit application is not concluded within 90 days you may review our guide.

 

Why Is a Residence Permit Application Denied?

There may be various reasons for the rejection of residence permit applications.

The application's;

 

    • failure to meet the required conditions,
    • insufficiency of the submitted documents,
    • incompatibility of the purpose of stay in Turkey with the residence permit type,
    • failure to demonstrate sufficient and regular income,
    • presence of issues regarding address or accommodation information,
    • the presence of risks in terms of public order or public security,
    • deficiencies or contradictions in the application documents,
    • the foreigner's previous residence or immigration records,
    • failure to meet the conditions of the applied residence permit type

 

may be rejected for such reasons.

If the grounds for rejection are based on the claim that the address or accommodation information is untruthful, merely having a rental agreement may not be sufficient. Law enforcement investigations, address verification reports, and documents showing where the foreigner actually resides must be evaluated together. For detailed information residence permit address inspection and investigation process you may review our guide.

Therefore, solely "my residence permit was rejected" information is not sufficient to make a legal assessment.

 

First of all:

"Why was it rejected?"

question must be answered.

After determining the grounds for rejection, it must be evaluated whether this justification complies with the law and what legal arguments can be put forward in the event of filing a lawsuit.

In short-term residence permit applications, not only general documents are examined, but also the consistency of the selected application ground with the specific case and the submitted documents. To compare the conditions of tourism, real estate, commercial connections, medical treatment, and other legal grounds prior to the application, short-term residence permit conditions and grounds for rejection you may review our guide.

 

The rejection of an application is different from the cancellation of a previously issued residence permit. Similarly, the removal of the application from processing due to failure to complete missing documents within the granted period does not mean a rejection decision on the merits in every case. The title, legal basis, notification date, and consequences of the decision must be examined separately.

Failure to attend the scheduled appointment for an initial or transition application without a valid excuse is also not directly the same as a rejection decision; the foreigner may be deemed not to have applied at all. For detailed information on the consequences of missing the appointment, a valid excuse, and the possibility of re-application, what happens if you do not attend the residence permit appointment you may review our guide.

 

 

Is It Mandatory to Leave Turkey Within 10 Days If a Residence Permit Extension Application Is Rejected?

In order to prevent the rejection of an extension application, it is important that the application is made before the current card expires, and that up-to-date documents regarding UETS, address, health insurance, income, and the purpose of residence are submitted completely. For all stages of the extension process, our residence permit extension application guide you may review.

If the foreigner has been notified in the rejection or non-extension decision that they must depart from Turkey within 10 days, this period must be evaluated separately from the litigation period.

In the rejection/notification document issued to a foreign national whose residence permit extension application has been denied, along with the reasons for the rejection, it is also stated that they must depart the country within 10 days.

What is important here is the correct understanding of the legal nature of this 10-day period.

The 10-day period is not the statute of limitations for filing a lawsuit.

If the foreign national does not wish to depart Turkey within 10 days, they must evaluate the option of judicial remedy for the annulment of the rejection action.

 

How is the Notification Regarding the Residence Permit Rejection Served?

In the rejection decision given to the foreign national whose residence permit extension application has been denied, both:

 

    • the rejection of the residence permit application,
    • the grounds for rejection,
    • the requirement to depart from Turkey

 

may be notified.

Therefore “First my residence permit was denied, and then later a second notification arrived stating that I had to depart within 10 days.” one should not think in such terms.

In practice, the notification containing the denial decision also includes the notice regarding the foreigner's obligation to leave Turkey.

Therefore, the foreigner must carefully examine the document sent to them.

 

How is the Residence Permit Denial Document Served to the Foreigner?

If the foreigner has a UETS address, the notification regarding the denial decision can be made electronically via UETS.

If the foreigner does not have a UETS address, the relevant document may be delivered through the Provincial Directorate of Migration Management against signature.

This document is not strictly required to be received solely by the foreigner in person.

It may also be possible for a lawyer appointed with a duly executed power of attorney to receive the relevant document on behalf of the foreign national.

For this reason, foreign nationals who are outside Turkey or who do not wish to visit the Provincial Directorate of Migration Management in person can carry out the process through a lawyer via a power of attorney.

 

Can a Lawyer Collect the Residence Permit Rejection Decision?

Yes.

If a duly executed power of attorney has been granted by the foreign national to the lawyer, it is possible for the lawyer to receive and examine the relevant rejection document and the documents pertaining to the file.

This is especially important with regard to calculating the statutory period for filing a lawsuit.

Because in practice, the foreign national's:

 

    • date of the rejection decision,
    • date of service,
    • grounds for rejection,
    • period granted for departure from Turkey

 

must know.

Therefore, it is important to keep the document and the date on which the rejection decision was served.

 

Is a Foreigner Whose Residence Permit Was Rejected Obliged to Leave Within 10 Days?

If a foreigner, who is notified in the rejection decision that they must depart within 10 days, wishes to continue staying in Türkiye, their legal status must be separately evaluated.

The most common mistake made here is confusing the 10-day period with the 60-day period for filing a lawsuit.

What is the 10-Day Period?

The 10-day period is the timeframe notified to the foreigner indicating that they must depart from Türkiye following the rejection decision.

What is the 60-Day Period?

It is the general statute of limitations for filing a lawsuit in the administrative judiciary for the annulment of an administrative act.

These two periods are not the same legal period.

Therefore:

"I did not file a lawsuit within 10 days; I can no longer file a lawsuit."

such a conclusion should not be drawn.

 

Is the Litigation Period Against Residence Permit Denial 60 Days?

Yes. Unless there is a specific provision to the contrary, the general limitation period for filing an action in administrative jurisdiction is 60 days.

In lawsuits to be filed for the annulment of the act regarding the rejection of a residence permit, the date from which the limitation period begins to run must also be calculated based on the specific circumstances of the case.

For this reason, the rejection decision's:

date of service

is of particular importance.

When calculating the limitation period, not only the date written on the decision, but also when the service of process legally took place must be examined.

 

What Happens If One Does Not Leave Turkey Within 10 Days?

If a foreign national whose residence permit application has been denied fails to depart from Turkey within the 10-day period granted to them, regarding their stay in Turkey after this date violation of the right to legal stay may come up.

In this case, the duration of the foreigner's stay in the country becomes significant.

Particularly:

It must be remembered that exceeding the 10-day period and a 90-day violation period are not the same thing.

forgotten.

If the foreigner continues to stay in Turkey after the 10-day departure period has elapsed, administrative fines and longer-term immigration law consequences may arise as the duration of stay increases.

 

Can a Foreigner Who Exceeds 10 Days Stay in Turkey for Up to 90 Days?

The term "can stay" must be used with caution here.

After the 10-day period granted to the foreigner to depart from Turkey expires, if there is no other legally valid right of stay, every day they continue to stay in Turkey is violation of the right to legal stay evaluated accordingly.

Therefore:

A new 90-day legal right of stay does not automatically begin at the end of the 10 days.

However, if the foreigner continues to stay in Turkey after this period and the violation reaches up to 90 days, upon departure from the country due to the violation administrative fine may come up.

Therefore, the approach suggesting that "there will be no issues for up to 90 days" is incorrect.

 

What Happens If There is a Residence Permit Violation Exceeding 90 Days?

In cases of violations of the legal right to stay exceeding 90 days, the imposition of an entry ban against the foreigner may come into question.

The duration of the entry ban and the administrative consequences to be applied depend on the conditions under which the foreigner departs the country, the nature of the violation, and the relevant legislation. may vary depending on.

Therefore, for a foreigner whose residence permit has been denied:

Acting under the assumption that "10 days have passed, but I can stay in Turkey for a few more months."

can lead to serious consequences.

Particularly if the foreigner needs to re-enter Turkey in the future, it must be taken into consideration that a violation of a few months may result in a fine and an entry ban in the future. In this regard, How to Lift an Entry Ban? you can read our article.

 

What Should a Foreigner Whose Residence Permit Application Was Denied Do If They Want to Stay in Turkey?

A foreigner whose residence permit has been denied and who does not wish to leave Turkey must primarily take the following steps:

1. Learn the Grounds for Denial

The specific reason for the denial decision must be determined. The defense in the lawsuit to be filed against the denial decision is formulated based on the provided grounds.

2. Determine the Date of Service

The date of service is extremely important for calculating the litigation period. Even if you are in the right, the court will dismiss your lawsuit on procedural grounds if it is not filed within the statutory period.

3. Review the Documents in the File

In particular, all documents submitted during the application process must be evaluated.

4. Examine the Legality of the Denial Action

It should be investigated whether the administration's grounds for denial actually exist in the specific case.

5. Decide Whether to File a Lawsuit

Instead of filing a lawsuit against every rejection decision, the case file must be evaluated from a legal perspective. Filing a lawsuit for a legal issue that could potentially be resolved by applying to administrative authorities only prolongs the resolution process.

6. The Consequences of the Residence Permit Rejection Decision Must Be Evaluated

It must also be assessed whether the foreigner has a valid visa, visa exemption, work permit, or another legal basis for staying in case they continue to stay in Turkey. The possibility of transitioning to a different type of residence permit can only come into question if the new purpose of stay and the relevant permit conditions are met in the specific case.

Selecting the wrong application type after the expiration of the current residence ground, missing the ten-day period, or failing to substantiate the new purpose of stay with sufficient documents may constitute grounds for rejection. For the conditions of status change and the precedent decision of the 10th Chamber of the Council of State regarding the transition to student residence our residence permit transition application guide you may review.

 

Can an Appeal Be Filed Against the Residence Permit Rejection?

Although colloquially referred to as an "appeal" in residence permit rejection decisions, a distinction must be made legally between an administrative application and an annulment lawsuit to be filed in the administrative judiciary.The foreigner must first examine the grounds for rejection and assess whether there is an application that can be made to the administration.

However, for the annulment of the administrative act, filing a lawsuit in the administrative court, is one of the primary avenues for judicial review of the rejection decision.

Therefore:

"I appealed to the Directorate of Migration Management, so I no longer need to file a lawsuit."

Such an approach should be avoided.

Particularly, the statutory period for filing a lawsuit must not be missed.

 

Where is the Lawsuit Against the Rejection of a Residence Permit Filed?

for the annulment of the administrative act regarding the rejection of a residence permit, as a rule, at the administrative court filing a lawsuit comes into question.

However, which court has jurisdiction must be determined within the framework of the administrative authority that enacted the act and the relevant procedural rules.

Therefore, before filing a lawsuit:

 

    • the authority that rendered the rejection decision,
    • the place of application of the foreigner,
    • the date of service,
    • the nature of the administrative act

 

must be determined.

 

What Should Be Presented to the Court in a Residence Permit Rejection Lawsuit?

In an annulment action, the unlawfulness of the administrative act must essentially be demonstrated.

For instance, if the grounds for refusal are the lack of sufficient and regular income , the foreigner's actual possession of a regular income can be demonstrated through bank records, income documents, and other financial documents.

If the ground for refusal is the deficiency of documents, an explanation can be provided as to why the alleged missing document is not in the file and, if available, the content of such document.

If the grounds for refusal relate to the address or accommodation, documents demonstrating the actual accommodation status may be submitted.

The fundamental approach here is as follows:

The administration's grounds for refusal must be compared with the actual situation of the foreigner.

 

Why Are Bank Account Activities Important in Residence Permit Extension Applications?

in residence permit extension applications the presence of regular and sufficient income of the foreigner is one of the key evaluation subjects.

Therefore, simply including a single-date bank balance statement in the application file showing that a certain amount of money is held in the bank account may not be sufficient.

Particularly:

the account activity of the actively used bank account

is important in terms of demonstrating the applicant's financial situation.

Bank account activities;

 

    • regular income,
    • salary payments,
    • commercial income,
    • regular money transfers,
    • the individual's daily financial movements

 

can present a more realistic picture regarding.

For this reason, in residence permit renewal applications, submitting the bank statement of the actively used bank account to the file constitutes an important preparatory step in practice.

 

How Much Funds Must Be Available in the Residence Permit Extension Application?

There is an important distinction here.

Having a certain amount of money in a bank account does not, by itself, guarantee obtaining a residence permit.

One of the primary issues that must be evaluated is whether the foreigner possesses sufficient and regular financial resources to support themselves throughout their intended stay in Turkey.

Therefore, solely:

Instead of saying, "I have money in my account,"

a file should be prepared that answers the questions:

"What is the source of this money, is there a regular income, and how does the foreigner cover their living expenses in Turkey?"

a file capable of answering their questions must be prepared.

 

How Should the Bank Account Be Presented in a Residence Permit Extension Application?

The applicant should, as much as possible, demonstrating the actual account transactions of the actively used bank account is important.

For example, if the individual has a regular salary:

 

    • payroll,
    • bank salary payments,
    • employment contract

 

may be submitted together.

If there is commercial income:

 

    • company records,
    • commercial bank transactions,
    • tax documents,
    • regular income documents

 

may be evaluated depending on the nature of the case file.

If regular financial support is provided by family or another person, the nature and source of this support should also be explained as much as possible.

The purpose here is not merely to show a high bank balance, but to demonstrate how the foreigner legally and practically finances their life in Türkiye.

 

Must a Foreigner Whose Residence Permit Was Denied Leave Türkiye When Filing a Lawsuit?

The answer to this question must be evaluated based on the specific circumstances of the case.

First of all, upon the notification of the rejection decision, the foreigner is granted a 10-day departure period and the litigation period must be distinguished from each other. Even if the applicant's residence permit has been denied, if there is a visa exemption period, they may remain in the country until that period expires.

Therefore:

"I filed a lawsuit, so I can stay in Türkiye as if I still have a residence permit."

Such an approach should be avoided.

Filing a lawsuit and the continuation of the right to legal stay are two distinct legal matters.

 

Does Filing a Lawsuit Against a Residence Permit Denial Grant the Right to Stay in Türkiye?

The clear answer to this question is What's the matter? The filing of an annulment action does not automatically grant the foreigner a new residence permit or an independent legal right to stay. The case filing document also does not substitute for a residence permit.

The possibility of a stay of execution or an annulment decision being issued by the court and the foreigner's current legal status of stay during the litigation process must be evaluated separately. In the event of an annulment decision, the administration shall take new actions in accordance with the requirements of the court judgment; the effect of the decision on the foreigner's status shall be determined according to the scope of the ruling and the specific file.

Therefore, when formulating the litigation strategy:

 

    • the rejection decision,
    • the current residence status,
    • the 10-day departure notification,
    • the duration of the lawsuit,
    • the legal basis for the foreigner to remain in Turkey

 

should be evaluated together.

 

How Long Does a Lawsuit Filed Against a Residence Permit Rejection Take?

The duration for the conclusion of administrative lawsuits varies depending on the court's workload, the nature of the case, interim decisions, and notification processes. Therefore, it is not accurate to provide a definitive or average duration applicable to every file.

When filing a lawsuit against a residence permit rejection, not only whether the case will be won or lost, what the legal status of the foreigner in Turkey will be during the proceedings must also be evaluated.

This is an extremely critical issue in immigration and nationality law.

 

Most Common Mistakes in Residence Permit Extension Applications

Failure to Submit Bank Account Statements

Instead of merely showing a bank balance, submitting active account activity is important to demonstrate the individual's regular income status.

Failure to Review the Grounds for Rejection

An application or lawsuit filed without knowing the rationale behind the rejection decision may not be sufficiently robust.

Confusing the 10-Day and 60-Day Periods

The 10-day departure period and the 60-day statutory filing period are not the same.

Assuming That Filing a Lawsuit Grants Legal Stay

Simply initiating a lawsuit does not automatically imply the right to residency.

Failure to Verify the Notification Date

The date of service is crucial regarding the commencement of the litigation period.

Submitting Only the Account Balance

In terms of financial sufficiency, regular and genuine account activities can provide a more meaningful basis for assessment.

Failing to Monitor the Duration of Stay in Turkey

Continuing to stay in Turkey following a rejection must be separately evaluated in terms of the foreigner's right to legal stay.

 

Practical Example: A Foreigner Whose Residence Permit Extension Application Was Denied

For instance, let us consider a foreigner who applies for an extension while their residence permit in Turkey is about to expire.

The application is rejected and the foreigner is notified as follows:

"Your application has been rejected. You must depart from Turkey within 10 days."

with such a notification.

In this case, the first thing the foreigner should do is not to file a lawsuit within 10 days.

First, the grounds for rejection must be examined.

Let us assume that the ground for rejection is that the foreigner lacks sufficient and regular income.

Suppose, however, that the foreigner does have a regular income in Turkey, but failed to adequately submit their bank account statements during the application.

In this case;

 

    • active bank account,
    • account statements,
    • salary documents,
    • employment contract,
    • other documents of regular income

 

shall be reviewed to evaluate the legality of the rejection procedure.

If it is concluded that the rejection procedure is unlawful, an annulment action may be filed before the administrative judiciary within the 60-day statutory filing period may come up.

However, at the same time, the legal residence status of the foreigner in Turkey must be separately monitored.

 

Practical Example: Notification of Denial Decision Received by an Attorney

Suppose that the foreigner is currently outside Turkey or does not wish to appear in person at the Provincial Directorate of Migration Management.

If a duly executed power of attorney has been granted to the lawyer, it may be possible for the lawyer to obtain and examine the documents regarding the rejection decision, depending on the nature of the case.

Thus, without the foreigner coming to Turkey:

 

    • the grounds for rejection can be learned,
    • the notification can be examined,
    • the litigation period can be evaluated,
    • necessary administrative and legal procedures can be planned.

 

This can provide significant convenience, particularly for foreigners living outside of Turkey.

 

Is the Court of Cassation (Yargıtay) Competent in Residence Permit Denial Lawsuits?

The annulment of residence permit rejection procedures essentially falls within the jurisdiction of the administrative judiciary.

Therefore, in disputes regarding the rejection of a residence permit application, rather than direct Yargıtay jurisprudence, primarily the approach of the Danıştay and administrative courts regarding foreigners law is of importance.

Yargıtay, on the other hand, is the court of last resort primarily serving in disputes within the judicial judiciary.

Therefore, regarding this matter:

Council of State → administrative judiciary → residence and immigration law

judicial framework of this nature is of greater importance.

 

Why is the Approach of the Council of State Important?

Since the rejection of a residence permit application is an administrative act, in the judicial review of the legality of the act, the jurisprudence of the Council of State regarding immigration law and administrative acts is of importance.

The administrative act's;

 

    • ground,
    • subject matter,
    • purpose,
    • authority,
    • form,
    • proportionality

 

elements such as whether they comply with the law can be examined by the court.

Particularly in areas where the administration has discretionary power, it is accepted that this power must be exercised in compliance with the law, objectively, and based on concrete data must be exercised.

Therefore, in a lawsuit for the revocation of a residence permit denial, merely:

"I request the issuance of a residence permit."

is not a sufficient request.

The specific reasons why the administrative act is unlawful must be substantiated.

 

Residence Permit Denial Lawsuits Followed by Our Firm

In lawsuits filed against the rejection of a residence permit application or renewal request, it is examined whether the grounds for rejection are supported by the information and documents in the application file. In two separate lawsuits filed and conducted by Atty. Batın Yılmaz, it was evaluated that the administration failed to demonstrate the grounds for rejection with concrete information and documents, and decisions were rendered to annul the acts.

These decisions do not mean that every application for which a student certificate or company document is submitted will necessarily be accepted. All statutory conditions pertaining to the type of permit, the up-to-date status of the documents, the actual situation of the applicant, and the rationale of the administrative act are evaluated separately in each file.

Frequently Asked Questions

What should a foreigner do whose residence permit application is rejected?

First, the grounds for the rejection decision and the date of service must be ascertained. If the individual wishes to remain in Turkey, the lawfulness of the rejection procedure should be evaluated, and filing a cancellation lawsuit in the administrative judiciary may be considered.

Is a foreigner whose residence permit is rejected required to leave the country within 10 days?

A foreign national who is notified in the rejection decision that they must depart from Turkey within 10 days must take into account the legal consequences of this period. If they intend to continue residing in Turkey, their legal status must be evaluated separately.

Is it mandatory to file a lawsuit within 10 days?

No. The 10-day period is not the statutory period for filing a lawsuit. In administrative lawsuits, the general statute of limitations for filing a lawsuit is 60 days, unless otherwise provided by a specific regulation.

What is the statutory time limit for filing a lawsuit against a residence permit rejection?

Generally speaking is 60 days. However, the starting date of the period and the specific provisions applicable to the concrete case must be evaluated separately.

What happens if one fails to depart from Turkey within the 10-day period?

If the foreign national does not possess any other legal right to stay, continuing to reside in Turkey after the expiration of the 10-day period may constitute a violation of the legal right to stay. Depending on the duration of the violation, administrative fines and longer-term immigration law consequences may arise.

What happens in the event of a residence permit violation exceeding 90 days?

In cases of violations of the legal right to stay exceeding 90 days, the imposition of a entry ban against the foreign national may come into question. The applicable duration and other consequences are determined based on the nature of the violation and the conditions of the foreign national's departure from Turkey.

Can an attorney obtain the residence permit rejection document?

Provided that a duly executed power of attorney exists, relevant documents may be obtained by an attorney.

Is the residence permit rejection decision served via the National Electronic Notification System (UETS)?

If the foreign national has a UETS (National Electronic Notification System) address, notification regarding the rejection decision may be served electronically via UETS. In the absence of a UETS address, the relevant document may be delivered through the Provincial Directorate of Migration Management in exchange for a signature.

Is a bank account important for a residence permit renewal?

Yes. Particularly in terms of demonstrating that the foreigner has a regular and sufficient income, it is important to include the transaction history of actively used bank accounts in the file.

Is merely having funds in a bank account sufficient?

No. What matters is not merely the account balance, but demonstrating that the foreigner has sufficient and regular financial means to sustain their livelihood in Turkey.

Can a foreigner whose residence permit application is rejected remain in Turkey if they file a lawsuit?

Filing a lawsuit does not, in itself, automatically confer a new right of residence. The foreigner's current legal status of stay must be separately evaluated alongside the litigation process.

 

Conclusion and Legal Assessment

There are legal remedies available to a foreigner whose residence permit extension application has been rejected. However, managing the process correctly after receiving the rejection decision is of utmost importance.

In particular, three matters must be strictly distinguished from one another:

1. The rejection decision

2. The 10-day period to depart from Turkey

3. The 60-day period to file a lawsuit

In the rejection notification served to the foreigner whose residence permit extension application has been rejected, along with the grounds for rejection, the requirement to depart from Turkey it may be notified that departure must be made within 10 days This notification does not necessarily mean that a second "10-day departure" notice will definitely be sent.

If the foreigner if there is a UETS address, the notification may be served electronically via UETS, and if there is no UETS address, the relevant document may be delivered through the Provincial Directorate of Migration Management in exchange for a signature. In the presence of a properly issued power of attorney, the document may be collected by an attorney and proceedings may be carried out regarding the process.

One of the most important issues is that the 10-day period is not a lawsuit filing period. If the foreigner does not wish to leave Turkey within the 10-day period, filing an annulment lawsuit in the administrative judiciary may be considered by evaluating whether the rejection procedure complies with the law. It should not be forgotten that the general lawsuit filing period is 60 days.

However, filing a lawsuit does not automatically grant the foreigner a new legal right to stay. Therefore, the litigation strategy and the foreigner's immigration status in Turkey should be evaluated together.

In residence permit extension applications, particular attention must be paid to regular and sufficient income matters. Including the activity statements of actively used bank accounts in the application file is an important practice in terms of demonstrating the foreigner's financial status and regular income.

In summary, the first thing a foreigner whose residence permit application has been rejected should do is not to immediately leave Turkey or file a lawsuit directly, but rather to evaluate the grounds for the rejection, the date of notification, the 10-day departure notice, and their own legal status of stay together.

Each rejection decision must be evaluated within its own specific context. Judicial review may become crucial, particularly in cases such as erroneous grounds for rejection, the failure to adequately reflect the foreigner's sufficient and regular income in the application file despite its existence, or the administration's exercise of discretionary power without concrete and lawful justifications.

 

Relevant Residence Permit Guides

The consequences of a residence permit rejection may vary depending on the type of permit applied for and the foreigner's current legal status of stay. Related general and specific guides include:

Official Sources

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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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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