Residence permit refused, cancelled or not renewed in Turkey: grounds, deadlines and appeal

The law treats three decisions together: the refusal of an application made from within Turkey, the non-renewal of a permit whose term has ended, and the cancellation of a permit that is still running. For applications made from within Turkey, all three decisions and their notification are made by the governorship (valilik) (Law No. 6458, art. 25(1)). Applications made at a consulate are concluded by the Presidency of Migration Management (Göç İdaresi Başkanlığı), which informs the consulate whether the permit is to be issued or the application refused; the refusal is notified to the applicant (Law No. 6458, art. 21(4) and (6)). The Law's definitions still use the earlier name, Directorate General of Migration Management (Law No. 6458, art. 3(1)(ğ)), while art. 121/A of the same Law uses the name Göç İdaresi Başkanlığı.

Before deciding, the governorship takes into account matters such as the foreigner's family ties in Turkey, the length of residence, the situation in the country of origin and the best interests of the child, and it may postpone the decision (Law No. 6458, art. 25(1)). Where enforcement is postponed on these grounds, the Regulation on the Implementation of the Law on Foreigners and International Protection (the YUKK Regulation) provides for a fee-free document giving a right to stay for one month. At the end of that month the governorship assesses the case again and, if the reason for staying continues, may extend the document month by month; the residence fee for the extended period is then charged under the Fees Law (YUKK Regulation art. 22(18)).

Separate permits come with separate grounds. The grounds for each type are set out below; the general requirements for obtaining a permit are covered on a separate page.

For most permit types, the Law and the Regulation use the same formula: the permit is not issued, is cancelled if already issued, and is not renewed when it expires. The grounds differ by permit type.

In addition, for every permit type, a residence permit application is refused where the foreigner has not paid debts arising from a visa violation or a previous residence permit, public receivables to be collected under Law No. 6183, court costs and attorney's fees ordered against them in proceedings to which they were a party, or debts and fines pursued under the Turkish Criminal Code (YUKK Regulation art. 22(10)).

Owning immovable property in Turkey is one of the grounds on which a short-term residence permit may be granted (Law No. 6458, art. 31(1)(b)). For such applications the Regulation requires that the property be a dwelling and be used for that purpose (YUKK Regulation art. 28(3)). The qualifying nature and value of the property are set by the Ministry (Law No. 6458, art. 31(6)).

The Law and the Regulation do not list renting the property out, or not living at the declared address, as a separate ground of refusal or cancellation. The grounds that apply are the general ones for the short-term permit: a condition that is not met or has ceased to exist, or use of the permit for a purpose other than that for which it was granted (Law No. 6458, art. 33(1)(a) and (b)). Because the Regulation requires the property to be a dwelling used for that purpose (YUKK Regulation art. 28(3)), the way the property is actually used is relevant to whether that condition continues to be met.

The refusal, non-renewal or cancellation is notified to the foreigner, or to the legal representative or lawyer. The notification must explain how the foreigner can effectively exercise the right to challenge the decision, together with the other legal rights and obligations in the process (Law No. 6458, art. 25(2)). The date of written notification matters, because the time limit for a court action starts on the following day (Law No. 2577, art. 7(2)(a)).

After a non-renewal or a refusal, the foreigner is given a fee-free document that allows a stay in Turkey of up to ten days only (YUKK Regulation art. 22(11)). A foreigner whose permit has been cancelled and who comes to a border gate of their own accord within ten days to leave is not made subject to a deportation decision (YUKK Regulation art. 52(1)(a)). Different figures, such as fifteen to thirty days, appear in the Law for a different decision: the period to leave that is given in a deportation decision (Law No. 6458, art. 56(1)).

Staying on carries its own risk. The Law lists persons whose residence permit has been cancelled, and persons whose extension application was refused and who did not leave within ten days, among those for whom a deportation decision is taken (Law No. 6458, art. 54(1)(f) and (j)). The Regulation, however, excludes from a deportation decision a foreigner who entered with a visa or visa exemption and whose residence permit application was refused, while they are using the remaining visa or visa-exemption period, and a foreigner whose extension application was refused and who did not leave within ten days but comes to a border gate of their own accord to leave (YUKK Regulation art. 52(1)(c) and (d)). Deportation decisions and the separate seven-day route to court against them are covered on the deportation page.

A foreigner whose application was refused or whose permit was cancelled, and who applies again within six months, is asked to present a new ground for the permit (YUKK Regulation art. 21(10)).

There is an exception for cancellations based on time spent abroad: more than 120 days for a short-term permit, more than 180 days for a family permit, or more than one year without interruption for a long-term permit. In those cases no new ground is required (YUKK Regulation art. 21(11)). A foreigner in this group who is in Turkey may apply within ten days of notification of the cancellation; the single-entry visa fee and the residence fee for the period from cancellation to application are then charged at double the amount (YUKK Regulation art. 21(12)).

A foreigner whose long-term permit was cancelled for an uninterrupted absence of more than one year, other than for health, education, compulsory public service in the home country or official duty, may apply for it again; such applications are examined with priority and concluded within one month at the latest (YUKK Regulation art. 43(1) and (3)). The conditions for a long-term permit are checked again, except the requirement of eight years' uninterrupted residence, and re-granting the permit requires the Ministry's approval (YUKK Regulation art. 43(5) and (6)).

Law No. 6458 does not set a special time limit for bringing an action, or a special type of court, for challenging a residence permit refusal, non-renewal or cancellation; the special seven-day route in art. 53(3) applies to deportation decisions. If a deportation decision is notified together with the residence permit decision, the deportation decision itself must be challenged before the administrative court within seven days of notification (Law No. 6458, art. 53(3)). Unless the foreigner consents, they are not removed during that period or, if they go to court, until the proceedings end (Law No. 6458, art. 53(3)). The residence permit decision is challenged by an annulment action against an administrative act that is unlawful in terms of competence, form, grounds, subject or purpose (Law No. 2577, art. 2(1)(a)), under the general rules of administrative procedure and, for the refusal or cancellation of a short-term permit, the special rules below.

For a short-term residence permit, the Law adds special procedural rules. In an action brought by the foreigner, their legal representative or lawyer against the refusal of a short-term permit application or the cancellation of a short-term permit, the case file is deemed complete once the administration's defence is filed or the time for it has passed, and holding a hearing is at the court's discretion. If notification cannot be made to the address the claimant gave, the period in art. 26(3) of Law No. 2577 is applied as two months (Law No. 6458, art. 31(7)). Under that provision the file is removed from the list until a new address is given, any stay of execution lapses automatically, and if the file is not reactivated by giving a new address within that period, counted from its removal, the action is deemed not to have been brought (Law No. 2577, art. 26(3)). Keeping the address given to the court up to date therefore matters, including after leaving Turkey.

The time limit for an action before the administrative courts is sixty days where no special law provides otherwise (Law No. 2577, art. 7(1)). It starts on the day after written notification (Law No. 2577, art. 7(2)(a)). The competent court is the administrative court of the place where the authority that made the decision is located, unless a law provides otherwise (Law No. 2577, art. 32(1)). For an application made at a consulate, the decision is taken by the Presidency of Migration Management, not by the consulate, which is only informed of it (Law No. 6458, art. 21(4)). Where there is more than one administrative court in a place, the Council of Judges and Prosecutors designates which of them hears cases concerning the application of Law No. 6458 (Law No. 6458, art. 101(1)).

Before going to court, the person concerned may ask the superior authority, or if there is none the authority that made the decision, to revoke, withdraw or change the decision, or to make a new one, within the time limit for the action. This application stops the running of the time limit. If no answer is given within thirty days, the request is deemed refused. Whether the request is refused or deemed refused, the time limit resumes and the time that had already run before the application is counted (Law No. 2577, art. 11). Law No. 6458 does not provide a separate administrative objection procedure for residence permit decisions.

No. Bringing an action before an administrative court does not by itself stop the enforcement of the contested act (Law No. 2577, art. 27(1)). The court may order a stay of execution where enforcement would cause damage that is difficult or impossible to remedy and the act is clearly unlawful; both conditions must be met, and the order is given after the administration's defence has been received or the time for it has passed. Where enforcement would exhaust the effect of the act, the court may also stop enforcement without waiting for the defence, pending a fresh decision once the defence is in (Law No. 2577, art. 27(2)).

A decision on a stay of execution request given by an administrative court can be objected to once before the regional administrative court within seven days of its notification (Law No. 2577, art. 27(7)). A stay of execution is ordered against security, although security may not be required depending on the circumstances (Law No. 2577, art. 27(6)).