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Granting residence permits to foreigners is a right derived from international law. It not only serves to protect the interests of countries but also aims to prevent adverse situations by ensuring public health and order. This legal document is necessary for every foreign national planning to stay in the country for an extended period, and applications are evaluated by the relevant Provincial Directorate of Immigration Management.
A residence permit is a legal status granted to foreigners who have entered Turkey with a visa or visa exemption. However, it becomes mandatory for those who wish to stay in the country for more than 90 days. This permit is designed not only to protect national interests but also to monitor the presence of foreigners in Turkey and to prevent potential issues in advance. While the administration has the right to reject the residence permit request, individuals also have the right to start the process of residence permit refusal appeal in Turkey.
Under Turkish law, the state is authorized to set certain conditions regarding the admission of a foreigner to the country. Therefore, foreigners wishing to reside in Turkey must first enter the country in accordance with the provisions of the “Passport Law.” Getting residence permit in Turkey is regulated not only to protect public order and monitor the presence of foreigners in Turkey but also with consideration of national interests.
Once a residence permit in Turkey is obtained, it becomes invalid and is canceled if not used within six months. Legal regulations regarding residence permits emphasize their strategic importance in maintaining public order, preventing adverse situations, and identifying foreigners residing in the country.
Since residence permits concern the interests and paramount benefits of countries, there is no obligation to accept residence permit applications. Each country determines the conditions for granting residence permits to foreigners through legal regulations and reserves the right to exercise discretion in evaluating residence permit applications.
In the event of a residence permit application being denied, the procedure for appeal against residence permit denial in Turkey is determined by the country’s internal law, granting the applicant the right to file a lawsuit to annul the denial decision.
For detailed information about the legislation on foreign nationals in Turkey, please visit our “Foreigners Law” page.
LAW ON FOREIGNERS AND INTERNATIONAL PROTECTION
Article 21:
A residence permit is a mandatory document for foreign nationals who wish to stay in Turkey for periods not covered by visa durations. Foreign nationals planning to stay in the Republic of Turkey for more than 90 days are required to obtain a residence permit in Turkey.
The durations of residence permits for foreigners vary depending on the type of permit applied for. For example, short-term residence permits are generally granted for up to 2 years, while long-term residence permits, with certain exceptions, are granted indefinitely. Family residence permits are typically issued for a period not exceeding 3 years.
There are two options for getting residence permit in Turkey. Foreigners can apply for a residence permit either from within Turkey or from abroad. The residence permit application in Turkey can be made in person by the individual or through a representative at the place of residence. Additionally, a lawyer can be hired for the residence permit in Turkey.
According to the Law on Foreigners and International Protection, which regulates the residence of foreigners in Turkey, residence permits types in Turkey are categorized into six main types based on different reasons. What are the residence permits types in Turkey?
The conditions for applying for any of these residence permit types in Turkey, as well as the circumstances under which these permits may be denied, canceled, or not extended, are detailed in the Law on Foreigners and International Protection.
There have been significant changes in the regulations for foreigners aiming to obtain a residence permit by purchasing a house in Turkey. Previously, foreigners could apply for a residence permit in Turkey based on a rental agreement, but this method was abolished as of July 2022. Under the new regulation, foreigners wishing to getting residence permit in Turkey are required to own real estate, and this requirement is subject to certain conditions.
As of October 16, 2023, foreigners must meet a minimum threshold of 200,000 USD in property value to getting residence permit in Turkey by purchasing a house. To meet this requirement, the sale price on the title deed must be at least 200,000 USD in Turkish Lira, based on the Central Bank’s exchange rate on the day the title deed is obtained. This new regulation necessitates stricter adherence to property ownership conditions for foreigners seeking to getting residence permit in Turkey by purchasing a house in Turkey.
The list of cities where a residence permit can be obtained by purchasing real estate is continuously updated by the administration. Therefore, before applying for a residence permit, it is essential to obtain information from the relevant Metropolitan Municipality.
To determine whether the purchased property meets the legal requirements, a “Valuation Report” or “Expertise Report” prepared by a CMB-licensed Appraisal Expert should be used. This report must be prepared using accepted calculation methods and must certify that the purchased property has a value exceeding 200,000 USD. The Valuation Report will be submitted to the Provincial Directorate of Migration Management along with the application documents and will form part of the application process.
The required documents for getting residence permit in Turkey vary depending on the type of residence permit. Therefore, it is essential to check with the Directorate General of Migration Management for the specific list of necessary documents before applying.
After completing the necessary documents for the residence permit in Turkey, applicants should make their application through the E-ikamet system and then visit the Provincial Directorate of Migration Management on the specified appointment date and time. The steps to consider before visiting the Provincial Directorate of Migration Management are as follows:
The applicant must prepare these documents completely and visit the Provincial Directorate of Migration Management on the appointment day. It is important to obtain necessary information from officials and provide additional documents if required during the application process.
The fees for residence permit applications are updated annually. For 2024, the applicable fees are as follows:
It is important to note that citizens of Denmark, Ireland, Kosovo, Nepal, Syria, Turkmenistan, the Czech Republic, and Sri Lanka are exempt from the 1040 TL residence permit fee. Instead, these nationals are required to pay the Single Entry Visa Fee of 2304.20 TL.
The fees mentioned above may vary depending on the residence permit types in Turkey applied for, the applicant’s age, and nationality. Therefore, it is crucial to verify the current fees with the Provincial Directorate of Migration Management or official sources.
Foreigners who wish to reside in Turkey apply for a residence permit by collecting the necessary information and documents. Applications are reviewed by the competent authorities and must be completed within 30 days after all documents have been submitted, according to legal regulations. Following the review, the competent authority makes a decision regarding the application of residence permit in Turkey.
If the application is approved, the foreigner can reside in Turkey within the period determined based on the type of residence permit applied for.
However, it is also possible for the competent authority to issue a rejection decision following the review. The rejection decision is communicated to the applicant, who has the right to residence permit rejection appeal in Turkey.
The foreigner can make a residence permit rejection appeal in Turkey to the authority that made the decision within 30 days or file a lawsuit to residence permit rejection appeal in Turkey within the 60-day period following the notification of the rejection decision.
It is important to note that residence permit refusal appeal in Turkey does not suspend the period for filing a lawsuit to cancel the rejection of the residence permit. Additionally, the foreigner’s residence permit refusal appeal in Turkey does not suspend the 10-day period for leaving the country. If the foreigner does not leave the country within the specified 10-day period, deportation may be ordered. Administrative fines may also be imposed in this case. Therefore, it is crucial to adhere to the deadlines during the process of residence permit rejection appeal in Turkey.
Residence permit refusal appeal in Turkey is a lawsuit filed by foreigners who legally seek the right to reside in Turkey but have had their applications rejected. Foreigners’ residence permit requests can be rejected for various reasons.
Turkish residence permit rejection reasons may include failure to meet the conditions specified in the legislation, submission of incomplete or incorrect documents, or discretionary decisions by the authorities.
The process of residence permit rejection appeal in Turkey requires legal knowledge, technical expertise, and familiarity with legislation. Effectively managing the process and fulfilling the necessary procedures are essential for the plaintiff to obtain a favorable court decision in the residence permit rejection cancellation lawsuit. Therefore, plaintiffs who seek a positive court decision should contact an expert and experienced immigration lawyer in Turkey. The immigration lawyer in Turkey possesses the expertise and knowledge necessary to understand the plaintiff’s situation and provide legal assistance.
Administrative procedures related to residence permit applications are fundamentally administrative acts. Therefore, for administrative acts to be lawful, they must meet certain criteria for Turkish residence permit rejection reasons.
When it is determined that one of the elements of purpose, subject, reason, authority, or form of these administrative decisions is flawed, they can be annulled by the court. Administrative courts are responsible for examining these elements and evaluating the legality of the decision for Turkish residence permit rejection reasons.
Foreigners who wish to appeal against a residence permit rejection in Turkey in have the right to file a lawsuit requesting the annulment of the decision if they believe the decision is unlawful. The residence permit rejection cancellation lawsuit must be filed in the administrative court where the authority that made the rejection decision is located.
The period to file a lawsuit is 60 days from the date the rejection decision is communicated to the concerned party. There is the possibility of residence permit refusal appeal in Turkey against the decision of the administrative court. The party wishing to appeal the decision of the residence permit rejection cancellation lawsuit can submit an appeal petition to the court that issued the decision within 30 days from the date of notification of the decision.
Turkish residence permit rejection reasons can be based on various reasons. Before initiating the process of residence permit refusal appeal in Turkey, it is crucial to understand the reason for the rejection. Factors leading to the rejection of an application may include failure to meet application requirements, incorrect procedural steps, or errors in timing.
The rejection of a residence permit application in Turkey typically occurs when there is at least one reason for rejection. Therefore, it is essential to determine whether such a reason exists for the applicant.
Turkish residence permit rejection reasons are regulated in various legal provisions concerning foreigners. Some of these reasons may apply to all types of residence permits, while others may be specific to certain residence permit types in Turkey.
The rejection of residence permit applications generally relies on similar grounds, and these general reasons for rejection can be applicable to most types of residence permits. Common Turkish residence permit rejection reasons are specified in legislation concerning foreigners include:
During the residence permit application process, attention should be paid to these general reasons for rejection, and all necessary documents should be submitted without omissions, adhering to application requirements. Before commencing the residence permit refusal appeal in Turkey for a rejected residence permit application, seeking legal assistance from an immigration lawyer in Turkey is advisable.
A foreigner whose residence permit application has been rejected must leave Turkey within 10 days after the expiration of their visa or visa exemption period, starting from the date the rejection decision is notified to them.
Initiating an appeal for the cancellation of a residence permit rejection does not suspend the 10-day period for leaving the country. If the foreigner does not leave Turkey within this period, a deportation decision may be issued, and administrative fines may also be imposed.
If the individual does not wish to leave the country, they must also request the suspension of execution separately when filing the residence permit refusal appeal in Turkey.
The suspension of execution in the residence permit rejection cancellation case refers to the temporary suspension of the implementation of the relevant administrative action by the court until the conclusion of the legal proceedings. Individuals whose residence permit extension applications are rejected or whose permits are canceled have the right to request the suspension of execution when start the residence permit rejection appeal in Turkey through the judicial process.
In cases where the suspension of execution is requested, the court may decide to suspend the implementation of the administrative action until the conclusion of the case, allowing the individual to continue benefiting from the advantages provided by the residence permit during the legal proceedings.
However, the decision to suspend execution is at the discretion of the court and is not automatically granted for every case. The applicant must convince the court that there is a valid and urgent reason to suspend the implementation of the administrative action. If the request for suspension of execution in the residence permit rejection cancellation case is accepted, the applicant can continue to benefit from the rights and advantages derived from the residence permit during the legal proceedings.
The decision on suspension of execution requires a case-specific evaluation, and it may change in favor of or against the applicant during the legal process. Therefore, taking the correct legal steps and presenting an effective defense during this process is crucial. Seeking professional support from an immigration lawyer in Turkey can assist the applicant in protecting their rights during this process.
Individuals whose residence permit applications are rejected cannot reapply for the same reason within 6 months from the date of rejection. If they wish to reapply within 6 months, they must base their new application on a different reason. Reapplying with the same reasons is not possible within the 6-month period.
An individual seeking to obtain a residence permit based on the same reason can reapply with the same grounds after 6 months from the date of rejection. The 6-month period begins from the day following the date the rejection decision is notified to the individual.
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