Residence Permit Rejection: Objection and Administrative Case

Law on Foreigners and International Protection (YUKK) No. 6458 regulates the residence permit of foreigners in Türkiye. In case the permit is rejected, the foreigner has the right to object.

Residence Permit Types

• Short-term residence permit (tourism, education, work).
• Family residence permit.
• Student residence permit.
• Long-term residence permit (8 years + conditions).
• Humanitarian residence permit (special cases).
• Residence permit for victim of human trafficking.

Reasons for Rejection (YUKK art. 31-44)

• Lack of documentation or fake document.
• Lack of financial sufficiency.
• Lack of health insurance.
• Inappropriate address declaration.
• There is a ban on entering the country.
• Threat to public safety.
• Criminal history.
• Visa violation.

Objection Way

• Administrative objection to the rejection decision to the Immigration Administration within 10 days.
• If the administrative objection is rejected, the administrative court within 60 days.
• Request for stay of execution.
• Decision from the administrative court; way of appeal.
• Constitutional Court after domestic remedies have been exhausted.

Humanitarian Residence Permit

YUKK Article 46 — may be granted under the following conditions:

• Best interest of the child.
• Do not be in danger when leaving Türkiye.
• Severe health condition, age, pregnancy.
• Don't be a victim of crime.
• Unusual circumstances.

Right to Family Unity

• YUKK Article 34 - Family residence for the spouse/child of a Turkish citizen or resident.
• The rejection decision of the foreign spouse may constitute an intervention in the family unity.
• ECHR Article 8 – respect for private and family life.
• The Constitutional Court is often a successful basis for individual applications.

10th Chamber of the Council of State — Established Approach

The 10th Chamber of the Council of State considers the criteria of proportionality and reasonable justification, family unity, best interest of the child when refusing a residence permit; It accepts that rejection decisions may be unfair for purely formal reasons.

Existence of "Exit Ban"

• Entry ban to Türkiye (codes such as V69, V70).
• Period of time to exceed the ban (usually 5 years).
• Request to lift the ban (special application).
• Cancellation of the ban through administrative jurisdiction.

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