KÜHEYLAN HUKUK
Residence Permit Types and Recourse in the Administrative Court Against Residence Permit Rejection Law No. 6458 on Foreigners and International Protection art.19-33, art.101, IYUK no. 2577 art.7, art.11, art.27. It was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
A residence permit is mandatory for foreigners who will stay in Türkiye without a visa or will exceed their stay with a visa. The law provides for six types of residence permits: short-term, family, student, long-term, humanitarian and trafficking victim residence permits. If the application is rejected, the permit is canceled or not extended, the transaction may be subject to litigation in administrative jurisdiction. However, managing the periods following the rejection decision, especially the short periods leading up to the deportation decision, is the most critical point of the litigation process.
When is a Residence Permit Required?
According to Article 11 of Law No. 6458, the duration of stay with a visa or visa exemption cannot exceed 90 days in every 180 days. Foreigners who will stay longer than this period or exceed their visa period must obtain a residence permit (Article 19). If the given residence permit is not used within six months, it loses its validity.
As a rule, the application is made to Turkish consulates abroad; In consulates, the passport is required to be at least 60 days longer than the requested period and applications are finalized within 90 days at the latest (Article 21). In some cases listed in the law, applications can be made to the governorships within Turkey (Article 22): transition from family to short-term, long-term, student, humanitarian and human trafficking victim residence permits, transition to short-term for those who have completed higher education and change of the reason for the permit.
What are the Residence Permit Types?
short term Article 31-33 They will stay for reasons such as tourism, real estate ownership, commercial connections, treatment, scientific research, Turkish course, investment. Maximum 2 years at a time; maximum 5 years for investment (j) and TRNC citizens (k)
Family Article 34-37 Foreign spouse and children of the sponsor who is a Turkish citizen or residence permit holder Does not exceed 3 years each time; cannot exceed the sponsor's leave period
Student Article 38-41 Associate, undergraduate, master's and doctoral students in higher education Depending on the duration of study; 1 year each in primary and secondary education
long term Article 42-45 Those who have stayed with a residence permit for at least 8 years without interruption Indefinite
Human Article 46 Situations listed in the law such as the best interest of the child and those who cannot be deported within the periods determined by the Ministry
human trafficking victim Article 48-49 People in the victim support process 30 days, then 6 months each; not exceeding 3 years in total
This guide explains the types in general terms. Family, student and long-term residence permits are covered in detail in our separate guides.
Can a foreigner who owns real estate get a residence permit?
Yes. One of the justifications for a short-term residence permit is owning immovable property (Art. 31/1-b). According to the regulation added by Law No. 7533 dated 21 November 2024, the nature and value of the real estate that is the basis for granting a short-term residence permit is determined by the Ministry (Art. 31/6). Therefore, it should be checked separately according to the Ministry's regulations whether the right to a permit arises when purchasing real estate.
What Conditions Are Required for a Residence Permit?
For short-term residence permit, in accordance with Article 32, the following are required: documentation of the reason for the permit, not falling within the scope of Article 7 of the Law (barriers to entry), accommodation in accordance with general health and safety standards, criminal record and address information if desired. The conditions of other types of permits are also regulated in the relevant articles.
Under what circumstances is a residence permit rejected or cancelled?
Short-term residence permits are not granted; if granted, they are cancelled; expired ones are not extended (Article 33):
There is a valid deportation or entry ban decision against you.
Reasons for rejection and cancellation for family, student and other types are included in the specific article of the relevant type (such as Art. 36, Art. 40). The common narrative that "Article 32 of the Law regulates the general grounds for rejection" is wrong; Article 32 lists the conditions for short-term leave.
When should a permit extension application be made?
The extension application starts 60 days before the residence permit expires and in any case is made before the expiry of the period (Art. 24). You can reside in Türkiye with the application document until a decision is made. An application made after the period has expired does not qualify as an extension application required by law and will bring up the evaluation of a stay violation.
What to Do If Residence Permit Is Denied?
Rejection of the application made within Türkiye, non-extension or cancellation of the permit is decided by the governorship. When making the decision, the family ties of the foreigner, duration of residence, country of origin status and the best interests of the child are taken into consideration; Objection rights are stated in the notification letter (Art. 25).
How many days is the case duration?
Since no separate period is foreseen in the special law, Article 7 of the IYUK comes into play: the period for filing a lawsuit in the administrative court is 60 days from the day following the written notification.
Can an administrative application be made first?
In accordance with Article 11 of the IYUK, before filing a lawsuit, an application can be made to the higher authority (if there is no higher authority, to the authority that made the transaction) to remove or change the transaction. This application suspends the litigation period; If no response is given within thirty days, the request is deemed rejected and the process begins again with the remaining part of the period. The application must be made within the litigation period.
Which court should be applied to?
The competent court is the administrative court where the administrative authority carrying out the action is located, in accordance with Article 32 of the IYUK. If there is more than one administrative court in a place, the Council of Judges and Prosecutors determines which court the cases will be heard in (6458 article 101).
Is there a special procedure for short-term residence permit cases?
Yes. In cases related to the rejection or cancellation of short-term residence permit in accordance with Article 31/7 added by Law No. 7533, the file is completed with the submission of the defense or the expiry of the deadline; In cases where notification cannot be made to the address, the period specified in İYUK article 26/3 is two months; The court decides whether a hearing will be held or not. The regulation applies to cases filed after November 30, 2024 (Provisional Article 3).
Is it possible to stay in Türkiye after a lawsuit is filed?
Filing a lawsuit does not automatically stop the execution of the administrative action (İYUK art. 27/1). In order to suspend the execution, the requirement is that the action is clearly against the law and that irreparable damage will occur if implemented. For this reason, the request for stay of execution must be included in the petition with justification.
What is the period after the rejection decision?
In accordance with subparagraph (j) of the first paragraph of Article 54 of the Law, a deportation decision is taken for those whose residence permit extension applications are rejected and who do not exit within 10 days. Against the deportation decision, an application can be made to the administrative court within seven days from the notification (Art. 53/3). The intertwining of these two periods is the most common risk in residence permit files; Therefore, the risk of deportation should also be evaluated on the day the rejection decision is notified.
In its decision dated October 6, 2021 and numbered E.2016/2078, K.2021/4589, the 10th Chamber of the Council of State found it lawful to cancel the family residence permit in accordance with subparagraph (c) of the first paragraph of Article 36 of Law No. 6458, based on the deportation process taken and finalized due to unauthorized work. The decision shows that the outcome of the deportation case directly affects the residence permit file.
If the reason for leave changes Permission may be requested in accordance with the new purpose of stay (Art. 29)
Extension application It starts 60 days before the period expires and is completed before the period expires.
Administrative application İYUK article 11 stops the time; If no response is given within 30 days, it will be considered rejection.
Case Summary Form: Fictional example: A foreigner who has a short-term residence permit for tourism reasons applies for an extension 20 days before the expiration date. The application is rejected on the grounds that the address where he will be staying does not comply with health and safety standards. Ten days have passed since the notification letter was not understood by the foreigner. Process: Since the rejection decision is considered as the beginning of the 10-day exit period, the deportation process begins for the foreigner. When the lawyer takes over the file, the address document and rental agreement are first renewed, a lawsuit is filed against the rejection within the legal period and a request for stay of execution is added. Result: If the court decides that the rejection reason does not match the scope of the file, it may cancel the transaction. If you do not act quickly, both the trial and deportation deadlines may be missed.
Can my residence permit extension application be made after the deadline?
The law requires that the application be made before the deadline (Art. 24). Application made after the deadline does not constitute an extension; In addition, violation of stay for more than 10 days without acceptable justification after the residence permit expires is counted among the reasons for deportation (Article 54/1-g).
Will a foreigner whose residence permit is rejected be deported immediately?
No; However, a deportation decision may be taken for those whose extension applications are rejected and who do not exit within 10 days (Art. 54/1-j). The request to file a lawsuit and stay of execution must therefore be prepared without delay.
Can a lawsuit be filed against the consulate's rejection decision?
Yes. The decision is an administrative action and can be sued in the competent administrative court according to the provisions of the IYUK.
Does the residence permit type change automatically?
No. If the main reason for granting permission ends or a different reason arises, the foreigner may request permission in accordance with the new purpose of stay (Art. 29). This application must be made within the permit period.
Will filing a lawsuit extend my residence permit?
No. Filing a lawsuit does not stop the execution of the transaction (İYUK art. 27/1); However, if the court decides to stay the execution, the transaction is suspended.
The date of notification of the rejection decision is not recorded and the 60-day trial period is confused with the 10-day exit period. Application for extension is made after the deadline. Incomplete submission of address, living or housing documents and attempts to correct the deficiency at the litigation stage. Missing the seven-day period against a deportation decision. The reason for stay of execution is not clearly stated in the petition.
The margin of error in residence permit files is narrow and the deadlines are short. Choosing the right type of permit, applying for an extension on time, and managing the lawsuit and deportation processes together in case of rejection often determine the protection of the right to stay. Küheylan Law Firm handles foreigners law files in a holistic manner, from the preparation of residence permit applications to the cancellation and stay of execution processes in the administrative court.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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