Legal Remedies Available to a Foreigner When a Short-Term Residence Permit Application Is Rejected

General Overview

One of the types of residence permit most frequently applied for by foreigners present in Turkey is the short-term residence permit. For persons who wish to stay in Turkey for tourism purposes, foreigners who own immovable property in Turkey, those who wish to establish commercial connections, or foreigners who must be present in Turkey for a certain period, the short-term residence permit provides an important legal status.

However, in practice it cannot be said that short-term residence permit applications always conclude favourably. The administration may not consider the basis of the application sufficient, may form the conviction that the foreigner's purpose of stay in Turkey is not clear and convincing, may identify deficiencies in the documents submitted, or may assess that the foreigner poses a risk in terms of public order or public security. In these cases, the short-term residence permit application may be rejected, the request to extend an existing residence permit may not be accepted, or different administrative acts may be established in respect of the foreigner.

The Legal Nature of the Rejection Decision

The rejection of a short-term residence permit application is an administrative act established by the administration. Since this act directly affects the foreigner's ability to stay lawfully in Turkey, it may produce significant legal and factual consequences for the foreigner.

In particular, where the foreigner's lawful period of stay has come to an end, continuing to stay in Turkey after the rejection decision may result in irregular stay. This situation may bring with it the risk of an administrative fine, a ban on entry to Turkey, and in some cases a deportation decision. Consequently, the process must be assessed without delay after the rejection decision has been served.

One of the most important mistakes made in practice is dismissing the rejection decision merely with the thought that "a fresh application will be made." Yet the course to be followed is not the same in every rejection decision. In some cases it is necessary to bring an annulment action directly before the administrative court, while in other cases making a fresh application by remedying the deficiencies may be more appropriate. For this reason, the grounds on which the rejection decision is based must be examined in the light of the specific case.

Bringing an Annulment Action Before the Administrative Court

Since the rejection of a short-term residence permit application is an administrative act, it is possible to bring an annulment action before the administrative court against a rejection decision considered to be unlawful. In an annulment action, the fundamental issue is whether the administration's grounds for rejection are shown, in concrete terms, to be lawful.

Where the administration's grounds for rejection are abstract, general, inconsistent with the scope of the file, or do not contain a sufficient legal basis, this matter should be particularly emphasised in the statement of claim. In other words, it is not sufficient for the administration to issue a rejection decision merely with general expressions; the decision must be consistent with the concrete application file and the foreigner's personal situation.

For example, the foreigner having a regular source of income in Turkey, holding valid health insurance, owning immovable property in Turkey, having family or social ties in Turkey, having no prior unlawful conduct, or having submitted documents supporting their purpose of stay in Turkey may be significant for the case file.

That said, it is not possible to construct the same legal defence in every file. The foreigner's personal situation, the purpose of the application, the prior residence history, the ties in Turkey, and the administration's grounds for rejection must each be assessed separately. Accordingly, the statement of claim must not consist merely of general legal explanations; it must be prepared according to the features of the specific case.

Making a Fresh Application

After a rejection decision, in some cases it is possible to make a fresh residence permit application. However, it cannot be said that this course is correct or sufficient for every file.

If the rejection decision was issued for reasons such as the submission of incomplete documents in the initial application, the provision of erroneous information in the application form, or the foreigner's failure to sufficiently establish their purpose of stay, a stronger application file may be prepared by remedying the deficiencies. In this case, the fresh application may be regarded as a course that makes up for the deficiencies in the previous application.

By contrast, if the grounds for rejection are based on the foreigner's purpose of stay in Turkey not being found convincing, a public order assessment, prior violations, or the wrong type of residence permit having been chosen, making a fresh application alone may not solve the problem. Indeed, in some cases, fresh applications made without a legal strategy being determined may cause the foreigner to fall into a more disadvantageous position in the subsequent process.

In addition, exceeding the period of stay in the country after the rejection decision may also have an adverse effect with regard to subsequent applications. For this reason, after the rejection decision, a legal assessment must be made without loss of time; the options of bringing an action, making a fresh application, or leaving the country must be determined according to the features of the specific case.

Matters to Be Considered After the Rejection Decision

If a short-term residence permit application is rejected, the date on which the rejection decision was served on the foreigner must first be established. This is because the time limit for bringing an action and other legal possibilities are determined by reference to the date of service.

In addition, the grounds shown in the rejection decision must be carefully examined. Which ground the administration relied upon — such as deficiency of documents, the purpose of the application not being sufficiently established, public order, or prior violations — will directly affect the determination of the legal course to be followed.

Finally, the foreigner's current stay status in Turkey must also be assessed. If the foreigner's visa period, visa exemption, previous residence permit period, or right of lawful stay arising from the application process has come to an end, continuing to stay in Turkey after the rejection decision may produce risky consequences.

Conclusion

Different possibilities — such as incomplete documents, the wrong type of application, an overstayed period, a public order assessment, or the purpose of the application not being considered sufficient — require different legal courses. Consequently, each rejection decision must be dealt with within its own concrete circumstances.

For this reason, it is important that foreigners whose short-term residence permit application has been rejected obtain legal support without delay after the decision is served, assess together the time limit for bringing an action and the possibilities for a fresh application, and conduct the process in a professional manner.