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 residence permit application.
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 appeal the rejection of the residence permit. The foreigner can appeal the rejection decision to the authority that made the decision within 30 days or file a lawsuit to cancel the rejection decision within the 60-day period following the notification of the rejection decision.
It is important to note that an appeal to the immigration authorities does not suspend the period for filing a lawsuit to cancel the rejection of the residence permit. Additionally, the foreigner’s appeal against the residence permit rejection 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 appeals process for residence permit rejection.
APPEAL AGAINST RESIDENCE PERMIT REJECTION AND RESIDENCE PERMIT REJECTION CANCELLATION LAWSUIT
The residence permit rejection cancellation lawsuit 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. Reasons for rejection 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 appealing against a residence permit rejection 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 law attorney. The attorney possesses the expertise and knowledge necessary to understand the plaintiff’s situation and provide legal assistance.
HOW LONG IS THE PERIOD TO FILE A RESIDENCE PERMIT REJECTION CANCELLATION LAWSUIT?
Administrative procedures related to residence permit applications are fundamentally administrative acts. Therefore, for administrative acts to be lawful, they must meet certain criteria. 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.
Foreigners who wish to appeal against a residence permit rejection 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 an appeal 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.
Contributed by Orbay Cokgor
