Republic of Turkey — one of the most popular countries for relocation among foreign citizens, including — Russians. Strategically advantageous geographical and geopolitical location, active economic development and high standard of living, great business opportunities and a good investment climate attract foreigners to the country.
According to Turkish media with reference to Migration Department, more than 130,000 Russians have a residence permit as of September 2023. Moreover, one of the popular grounds for guaranteeing a residence permit remains purchase of an apartment in Turkey.
Due to several serious migration waves, Turkish authorities have been forced to tighten controls and introduce new, stricter conditions regarding the issuance of ikamet cards. As a result, the number of refusals for residence permits in Turkey has increased significantly.
Why do they refuse and what to do if your application for a residence permit in Turkey is rejected? Answers to these and other pressing questions — in our expert review.
Content of the article:
- Reasons for refusal of a residence permit in Turkey
- Refusal of a residence permit in Turkey under Article 32. What does this mean?
- Who and why can be denied a residence permit in Turkey
- Where to check the refusal of a residence permit
- What does a refusal of a residence permit look like in Turkey
- What to do if you are refused a residence permit in Turkey
- Is it possible to appeal a refusal to issue an ikamet through a court
- How to appeal a refusal
- Is it possible to re-apply for a residence permit in Turkey
- When and how many times can you apply for a residence permit after refusal
Reasons for refusal of a residence permit in Turkey
The topic that Turkey denies tourist residence permits to Russians was especially actively discussed in social networks and the main media in January-February 2023. Now all the unrest associated with this sudden news has subsided, and most relocants understand that for a positive decision on a residence permit in Turkey, it is necessary to think through and prepare compelling reasons. Despite changes in the rules regarding migration, an increase in the price threshold for a residence permit under TAPU, closure of some areas< /a> for the primary ikamet, it is possible to fulfill all the updated requirements if you are serious about relocation.
The main regulator of the rules and regulations for obtaining a residence permit is The Law “On Foreigners and International Protection in the Republic of Turkey”< /a>. For what reasons do foreigners’ applications often receive refusals of residence permits? Let's figure it out further.
Refusal of a residence permit in Turkey under Article 32. What does this mean?
BArticle 32 Law “On Foreigners and International Protection in Turkey" the most common reasons for refusing a residence permit to citizens from abroad are given. Namely, we are talking about several mandatory conditions for successfully obtaining an ikamet card:
- The foreigner must attach to the application documented grounds for a residence permit (one or more). Landmark — Article 31, which lists the categories of foreigners who have the right to apply for a short-term residence permit.
- A foreign national shall not be subject to Article 7, which deals with deportation outside Turkey due to certain legal violations.
- An applicant for a residence permit in the Republic of Turkey must be provided with safe and comfortable housing.
- Another mandatory criterion — provision of an extract confirming the absence of convictions or outstanding criminal record. The document is requested in advance by the applicant in his country of residence.
- Non-resident is required to provide official data confirming his address of residence in Turkey.
Who and why can be denied a residence permit in Turkey
Most refusals of a residence permit are argued by the Migration Service due to the lack of sufficient and legal reasons for registration. In particular, multiple refusals of a tourist residence permit in the presence of only a long-term rental contract show that renewing a permit of this type for years is simply illogical. This means that the authorities can quite naturally conclude that the issued residence permit will be used by the foreigner for other than its intended purpose. And, for example, for illegal employment in Turkey or for any other illegal actions.
In addition, refusal of a Turkish residence permit may be due to the following reasons:
- If the legal requirements for staying in the state are violated: residence after the expiration of the visa or previous ikamet.
- If labor laws have not been observed: work without appropriate official permission.
- If a violation of the law is detected or a crime has been committed. For example, the reason for refusal may be exposure to drug use and even systematic violations of traffic rules.
- If a foreigner intentionally provides incorrect information when applying for a residence permit in Turkey.
- If information is discovered about non-payment of taxes, duties and fines by an applicant for a residence permit.
- If there is no satisfactory financing for living in the Republic of Turkey during the entire period of validity of the residence permit. For example, a rental agreement for obtaining an ikamet card for tourism purposes must be supported by a bank statement indicating the presence of a certain amount in the current account . The amount must exceed at least one and a half times the minimum monthly wage in Turkey. Thus, to live under a residence permit for a year, a foreigner must deposit about $8,000 into the account.
Are foreigners often denied a residence permit in Turkey? In practice, everything depends on a well-calibrated approach to the selection of reasons for the application and to the careful preparation of documents.
Where to check the refusal of a residence permit
As a rule, employees of the Migration Department do not refuse relocants directly during the rendevu. Thus, if inaccuracies were identified in the documentation, or if the foreigner provided an incomplete package of papers, then he will be asked to correct the errors within up to one month. If this is not done within the specified period, the application will be automatically canceled.
If the application is accepted for consideration along with a package of documents, then the foreign citizen remains to check the status of the application and wait for the final verdict.
You can check whether you have received approval or refusal of a residence permit by going to the official website of the Migration Service.
In addition, there is a 24-hour information service for foreigners. Contact phone number — 157.
What does a refusal of a residence permit look like in Turkey
Tebliğ formu — This is the name of the official notification of refusal of a Turkish residence permit, which is sent by the Migration Department to a foreign resident in response to his application.
That is, any other message regarding the status of your application for an ikamet ID card, received in the form of an email or SMS to your phone, is not considered legitimate.
Officially, a refusal of a Turkish residence permit must be sent to the residence address entered in the electronic application form on the Migration Service website, and received by the foreign citizen in the form of a letter. Only from this date does the countdown of 10 days begin, during which a foreigner is obliged to travel outside Turkey.
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What to do if you are refused a residence permit in Turkey
A logical question that worries all foreign applicants for relocation to Turkey: what to do if you are denied a residence permit?
If this unfavorable scenario occurs, you have the following rights:
- If the application for a residence permit was submitted in advance (that is, one or two months before the end of the previous residence permit or visa-free entry period), you still have the opportunity to request permission using another basis. That is, if you wanted get a residence permit for tourism purposes, but you were refused, take advantage of the opportunity purchase of housing in Turkey and are guaranteed to receive ikamet at TAPU.
- If the time spent in an eastern state, regardless of the reasons, has ended, you are given 10 days from the date of receipt of the official notification of refusal of a residence permit in order to leave Turkey. In the future, you will be able to return back after the visa-free regime is renewed. At the same time, along with the opportunity to re-enter Turkey, your rights to apply for a residence permit are renewed. However, filing an application on the same grounds on which you were already refused the first time is allowed after 6 months.
Is it possible to appeal the refusal to issue an ikamet through the court
If your residence permit is refused, you retain the right to appeal it. A lawsuit can be filed within 60 calendar days. All appeals of this type are reviewed by the administrative court. Foreign citizens cannot remain in Turkey while the trial is ongoing unless a suspension of the execution of the Migration Board's verdict has been promptly requested.
That is, a foreigner needs to request through the court the opportunity to live in Turkey during legal proceedings on the refusal of a residence permit until a decision is made that is not subject to review. Do not hesitate to submit your application, since after 10 days the non-resident will be required to leave Turkey.
Often, an interim verdict to suspend the deportation of a foreign citizen is issued quickly by the court. If the decision is not in favor of the applicant, then he will have to leave the country and wait for the end of the trial in his homeland. As a rule, the entire legal process for refusal of a residence permit lasts about a year.
How to appeal a refusal
We recommend filing an appeal against the refusal of a Turkish residence permit under the professional guidance of an experienced lawyer. A true professional will help you correctly substantiate the reasons for disagreement with the rejection of the permit by the Migration Service, will undertake the obligation to draw up a competent claim and will represent your interests at court hearings.
Why is this important? The thing is that, due to the tightening of migration policies, winning such cases has become much more difficult. Especially if the non-resident is not familiar with the intricacies of Turkish judicial law. An unprofessional approach can only aggravate the current state of affairs.
The weight of the grounds for obtaining a residence permit is of decisive importance when filing an appeal. This greatly increases the chances that the foreigner’s claim will be satisfied and he will eventually be given the type of ikamet that was previously denied.
Is it possible to re-apply for a residence permit in Turkey
Re-submission of an application for a residence permit in Turkey, regardless of whether a refusal is received or it is a matter of extending a previously successfully issued residence permit, is available to foreign citizens. However, the number of applications submitted is not limited.
Migration legislation allows foreigners to apply for a second passport after 5 years of residence in Turkey using a short-term ikamet card. If Turkish citizenship is not the goal of a foreign citizen, then after 8 years he has the right to request a permanent residence permit, that is, a permit without an expiration date.
When and how many times can you apply for a residence permit after refusal
Certain restrictions are imposed only if a non-resident decides to repeatedly apply for the same type of ikamet. In this case, filling out an application for a residence permit, based on the same reasons for which you were refused last time, is allowed after six months.
If another justification is chosen, the application can be submitted without any waiting periods.
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110 m²
10316
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These materials have been prepared for informational purposes and are not of a commercial nature.
Point Property — is a certified real estate agency that specializes in providing a full range of real estate services for residential and commercial real estate transactions in Turkey. Our company takes care of all the organizational aspects of a real estate transaction: searching for an object, organizing a sightseeing tour, assistance in collecting documents and checking the legal purity of documentation, support in re-registration of ownership. In addition, we provide our customers with a wide range of after-sales services.
