A residence permit rejection lawsuit is a case filed by foreign nationals in Turkey whose application for a residence permit has been rejected. Applications for residence permits from foreign nationals may be denied for various reasons. For instance, procedural errors made during the application or the applicant not meeting the required conditions can lead to this rejection. In the event of a residence permit rejection, a lawsuit can be filed in the administrative court to appeal the decision.
To legally reside in Turkey, the residence permit application must be approved. Submitting the application correctly and carefully following legal procedures throughout the process is important to avoid rejection. However, if the application is denied, the foreign national can appeal the decision by filing a lawsuit. A residence permit rejection lawsuit requires legal knowledge and expertise, and thus, it is highly advisable to proceed with the help of a foreigners’ law attorney.
When a foreign national seeks to obtain a residence permit in Turkey, they must meet certain requirements and apply correctly. A residence permit rejection means that the application has been evaluated negatively by the relevant authorities. A residence permit rejection decision may be issued for specific reasons by the authorities reviewing the application. Foreign nationals can file an appeal in administrative court against this rejection.
The reasons behind the rejection of the residence permit application are listed in the following section. Foreign nationals should pay attention to these reasons when applying to prevent potential loss of rights. In case of a residence permit rejection, they may either reapply or file a lawsuit.
Residence permit applications in Turkey are regulated under the Law No. 6458 on Foreigners and International Protection. A residence permit rejection indicates that the applicant does not meet the necessary conditions. Below are some common reasons why residence permit applications may be rejected:
These are just a few reasons that can lead to the rejection of a residence permit application. Depending on the specific circumstances, other reasons may also result in a denial. Mistakes made during the process can lead to both loss of rights and wasted time, so it’s essential to manage the application process correctly.
A residence permit rejection lawsuit is a legal action taken by foreign nationals whose residence permit application has been denied. The foreign national can appeal the decision by filing a lawsuit in the administrative court. The individual must file the lawsuit within 60 days of being notified of the rejection. The court where the residence permit rejection lawsuit will be filed depends on which authority issued the rejection.
Rejection decisions made by consulates abroad must be appealed in the Ankara Administrative Court. If the decision was made by a provincial governor’s office, the lawsuit should be filed in the administrative court within that province’s jurisdiction. The court will assess whether the rejection decision was legally valid. If the court rules in favor of the foreign national, the rejection decision will be overturned, and the application will be reconsidered.
In lawsuits filed after a residence permit rejection, it is essential to follow the legal process carefully. The foreign national must not miss the 60-day period for appealing the rejection decision. Before filing a lawsuit, it is highly recommended to consult with an experienced foreigners’ law attorney to thoroughly assess the application.
Even if an appeal is made, the foreign national may still be required to leave Turkey. After the visa or visa exemption period expires, the foreigner must leave Turkey within 10 days. Failure to do so may result in a deportation order and an administrative fine. Therefore, it’s crucial to carefully monitor legal deadlines and procedures.
