“We were denied a residence permit in Turkey!” — this is the kind of news from Russian citizens that began to appear on the Internet back in December 2022. At the beginning of 2023, against the backdrop of large-scale migration processes, an increasing number of Russian-speaking citizens wishing to settle in the Turkish Republic for a long period of time shared reviews and their stories about the reasons for the refusals they received.
Indeed, to date, the Migration Service has not satisfied the requests of some foreigners for a residence permit.
In our latest publication, we propose to talk about Turkish residence permit refusals and understand what is happening now and what to do if your application is rejected.
Why are Turkish residence permits denied?
The primary cause of mass refusals to issue Ikamet cards to foreign citizens were several migration waves that arose as a result of the complex geopolitical situation and military conflict between Russia and Ukraine. Tens of thousands of Ukrainians and Russians left their homeland in search of a safe place to live. And many of them went to the Republic of Turkey.
In this regard, the Turkish authorities were forced to introduce some restrictions in the migration legislation. First of all, the government raised the investment threshold for participation in the investment citizenship program to $400,000. And secondly, the minimum cost of housing for obtaining a residence permit based on TAPU increased to $50,000 and $70,000, depending on the place of purchase of the property.
These containment measures did not bring the desired result: despite everything, the relocation of Russians to the eastern country, against the background of increased demand for the purchase of real estate in order to obtain a residence permit, continued. That is why, at the end of 2022, the government made an unofficial decision to more carefully check the grounds for a tourist residence permit under a long-term housing lease agreement. According to statistics, the largest number of refusals were received by foreigners applying for a residence permit in Istanbul, Izmir, Mersin and Ankara.
As the employees of the Migration Department themselves explain, the "quota of foreign citizens" in some settlements and individual city districts has simply been used up. At the same time, there are no official prohibitions.
Of course, the attitude of the relevant authorities to checking the grounds for issuing a residence permit has become noticeably stricter. But Türkiye has not closed its borders to Russian-speaking foreigners, which means there is definitely no need to panic.
So, let us note that a significant portion of refusals are related to non-compliance with Article 32 of Law No. 6458 , according to which foreigners must comply with a number of conditions in order to obtain a Turkish residence permit. Namely:
- Provide one or more grounds for obtaining ikamet. In addition, applicants must prepare a full package of documents.
- Foreigners subject to deportation from Turkey cannot apply for a residence permit.
- Have housing that fully complies with the standards for safe and comfortable living.
- Have a stable income for the entire period of residence in Turkey.
- Provide a document confirming the absence of offenses or convictions in the country of residence.
- Provide information about your registered address in the Republic of Turkey.
In most cases, Russians are refused due to the lack of compelling grounds for a residence permit. That is, a lease contract extended for years is not a reason to apply for a residence permit for tourism purposes. Since the foreign citizen, according to the department's employees, is most likely not using the permit for its intended purpose.
What to do if you are denied a residence permit?
After being denied a Turkish residence permit, a foreign citizen has two options for further action:
- Apply for another type of ikamet card. This is only possible if your period of stay in the territory of the eastern country has not yet come to an end. So, if you have not been granted a tourist residence permit, you can buy an apartment in Turkey and apply for a residence permit under TAPU.
- After the visa-free period expires, leave the country within 10 days after receiving the refusal. You will be able to re-enter the republic only when the conditions for your visa-free stay are renewed (90 days within 180 days for Russians). Only after that will it be possible to apply for a residence permit again.
Important!
An application for a residence permit in Turkey on the same grounds for which a refusal was previously received is only permitted after six months.
Appealing a Residence Permit Denial through the Court
One of the options available to foreign citizens who have been denied a Turkish residence permit is the opportunity to file an appeal to the administrative court within 10 days with a request to challenge the decision of the Migration Service that has not entered into legal force.
It should be remembered that filing an appeal is not a basis for residency in the Republic of Turkey. However, a foreigner has the right to request a stay of execution of the decision and thus remain in the country during the period of consideration of the court application.
The appeal should be filed as soon as possible so that the non-resident has time to wait for a court decision on whether he or she can remain in Turkey until the end of the proceedings.
As a rule, the court issues a preliminary decision promptly. In case of a positive answer, the foreign citizen will be able to reside in the republic during the entire period of consideration of the case. If a rejection is received, the non-resident will have to leave the eastern state. In this case, the decision on refusal and approval of the Turkish residence permit is made by the court within several months to one year.
In this situation, we recommend that foreigners use the services of a qualified Russian-speaking lawyer. Good lawyers thoroughly know the basics of Turkish immigration legislation, will provide comprehensive assistance in drafting a competent statement of claim and will represent the client's interests during court hearings. Why is this important? First of all, because incorrectly filed appeals often result in refusals. In addition, without the appropriate legal knowledge, making any decisions is not only difficult, but also risky.
Satisfaction of a non-resident's request usually occurs when the court has taken into account and recognized as valid the grounds for issuing a Turkish residence permit. For example, if your immediate family members have received an ikamet or you have entered a university in Turkey. Thus, the Migration Service will issue you the type of residence permit that was previously denied.
If you are planning to buy a property in Turkey for the purpose of obtaining a residence permit, contact the specialists of Armoni Homes. Our real estate agency will help you choose and purchase high-quality real estate on the Mediterranean coast for any needs and budget.
FAQ
Who is denied a residence permit in Turkey?
Common reasons for denial include the lack of valid grounds for residency and submitting incomplete documentation.
What to do if your residence permit application in Turkey is denied?
If denied, non-residents have the right to appeal the decision in court or choose a different basis for applying for a residence permit.
How many times can you apply for a residence permit in Turkey?
The number of requests is not limited. However, re-application for the same type of residence permit is only possible after 6 months.
How do I find out if I have been denied a residence permit?
Sometimes you are notified about the refusal to issue a residence permit directly at the rendezvous. In other cases, we recommend checking the information about the current status of the application on the official website of the Migration Service.
If a residence permit has been refused and the visa-free stay period has expired, how many days must pass before you leave the country?
You must leave the country no later than 10 days later.
Is it possible to renounce a residence permit in Turkey on your own?
Yes. To do this, you must contact the Turkish Migration Service or the Turkish Consulate in your country.
At what point does the overstay begin if a refusal is received?
The day following the end of the legal period of stay in Turkey is considered a penalty day.
Are there any grounds to legally stay in Turkey after 10 days from the date of receiving a residence permit refusal?
Yes. To do this, a non-resident needs to file an appeal in court and obtain a suspension of the decision of the Migration Service to refuse a residence permit for the duration of the court proceedings.
When can I return to Turkey after being denied a residence permit?
After receiving a residence permit refusal, foreigners have the right to return to Turkey as tourists as soon as visa-free days appear again.
How long can you stay in Turkey after being denied a residence permit?
If a residence permit is denied, a foreign citizen can stay in Turkey until the end of the visa-free period. If the visa-free period has ended, he must leave the country within 10 days.
