Why is a Residence Permit Application Rejected?
Residence permit application is a process evaluated by the Directorate General of Migration Management to allow foreign nationals to reside legally in Turkey. However, in some cases, applications may be rejected.
The most common reasons for refusal of a residence permit application are the following:
- Submission of incomplete or incorrect documents: The documents required at the time of application are not complete and correct.
- Failure to meet the financial eligibility requirements: The applicant is not in an economic position to support himself/herself and his/her dependents, if any.
- Previous visa or residence violations in Turkey: People who have overstayed their visa or resided illegally in the past are likely to have their applications rejected.
- Pose a risk to public order and security: The applicant has a criminal offense on his/her criminal record or has a background that may pose a threat to public order.
- Lack of health insurance: Lack of valid health insurance in Turkey may lead to rejection of the application.
- Untruthful statements or use of false documents: Submitting false documents during the application process is a serious offense and may lead to rejection of the application and even legal action.
People with one or more of these reasons may risk having their application rejected.
What to do if a Residence Permit Application is Rejected?
If the application for a residence permit is rejected, there are legal remedies available to the applicant:
Learning the Reason for Rejection: The Migration Management will issue a reasoned decision notice to the person whose application has been rejected. This decision clearly states the reason for the rejection.
Administrative Appeal: Rejected applications can be appealed to the Migration Management within 30 days. In this appeal, detailed explanations and additional documents can be submitted against the grounds for rejection.
Completion of Missing or Incomplete Documents: If the reason for the rejection of the application is missing documents, the application can be reapplied by completing the missing documents.
Application to the Administrative Court: If the administrative appeal is also rejected, the applicant may file a lawsuit before the administrative court if he/she wishes to stay in Turkey.
Getting Lawyer Assistance: Seeking professional support in legal proceedings can ensure that the application is re-evaluated and concluded favorably.
Appeal Process for Residence Permit Application Rejection
If the application for a residence permit is rejected, the applicant has the chance to pursue the process using his/her legal rights. The appeal process proceeds as follows:
- Administrative Appeal: Rejected applications must be appealed to the Migration Management within 30 days.
- Re-Application If the application is rejected due to missing documents, a new application can be made by completing the deficiencies.
- Filing a Lawsuit with the Administrative Court: If the objection is rejected, a legal action can be initiated against the rejection decision by applying to the administrative court within 60 days.
Before going to court, it is useful to consult a lawyer to understand why the application was rejected and how the legal proceedings should proceed.
Can I Stay in Turkey after a Residence Permit Refusal?
There are specific rules for people whose residence permit application has been rejected:
- Leaving Turkey within a Specified Period: Rejected applicants must leave Turkey within a certain period of time from the decision. Otherwise, deportation proceedings may be initiated.
- Stay may be possible if the visa is still valid: If the applicant still has a valid visa, they can stay in Turkey until the visa expires.
- Legal Stay in the Administrative Appeal Process: If the administrative appeal process is ongoing and filed within the legal deadline, it may be possible for the person to continue to stay in Turkey.
- Waiting for the Court to Finalize the Process: In case of a court application, the person can stay in Turkey until the process is completed.
Is it possible to reapply for a residence permit after rejection?
Yes, it is possible to reapply for a residence permit after a refusal. However, the reasons for the rejection must be removed before reapplying. For example
- The application can be renewed by completing the missing documents.
- A new application can be submitted after financial eligibility issues have been resolved.
- If health insurance is missing, it can be re-applied for.
For the second application to be successful, the grounds for refusal must be carefully examined and all deficiencies must be addressed.
Residence Permit Denial and Deportation Order
In some cases, people whose residence permit application has been rejected may be subject to a deportation order. This usually happens in the following cases:
- The person poses a threat to public order
- Engaging in illegal activities in Turkey
- Previous visa or residence violations
Persons subject to a deportation order may be forcibly deported if they do not leave Turkey within the specified period. However, this decision can also be challenged before an administrative court.
If the application for a residence permit is rejected, one should not immediately despair. Within the framework of legal rights, an appeal can be lodged and a new application can be submitted.
In order not to be rejected, it is very important to carry out the process correctly from the very beginning, submit complete documents and fulfill the legal requirements. If your residence permit application has been rejected, it is recommended that you seek the support of a lawyer in order for the process to proceed more smoothly.
