The wave of refusals to issue a Turkish residence permit began at the end of December 2022 and continues to this day. In April 2023, we shared the personal stories of those who faced refusal to issue and extend a residence permit in Turkey, and also figured out what to consider when submitting documents.
Today, the migration lawyer in Turkey, Ozgur Ozjan, will help us find out how the situation is with refusals to a Turkish residence permit right now and how to increase our chances of approval.
Popular types of residence permits and the current situation with refusals
— Please tell us what are the main ways of legalization in Turkey at the moment?
— The first is the purchase of residential real estate in Turkey for any price. Yes, officially there is now an internal rule on the minimum price of $ 200,000 for obtaining a residence permit, but there is no such restriction by law. We successfully challenge such refusals in the courts, which takes an average of 4 months. But then you can live in Turkey with such a residence permit for 2 years.
You can also get a tourist residence permit, although the chances are now 50-50.
There is a new program “Digital Nomad” — so far, tourist residence permits are issued under it, but from October there will already be a separate visa.
A student residence permit is popular (relevant for people from 20 to 45 years old) and a family residence permit when married to a Turk. In addition, you can apply for a work visa.
The other types of residence permits are not particularly popular at the moment.
— For what period of time are different types of residence permits usually issued?
— A tourist residence permit and its extensions are usually issued for six months. The residence permit for real estate (TAPU) is valid for 2 years at the initial registration. A family residence permit for marriage with a Turk can be requested for 3 years. But the situation is very fluid in this regard.
— What is the current situation with refusals of residence permits and extensions in different regions?
— Most often in Turkey, they refuse a tourist residence permit: in this case, the chances of getting approval are about 50-50. To increase this probability, you need to justify your travel goals: provide hotel reservations, travel plans, proof of income. They issue a tourist residence permit now for six months, for the same period you can most often count on the initial extension.
That is, such a roulette turns out. From recent cases: Most recently, our clients have been approved for a primary tourist residence permit in Antalya for a period of six months. We have carefully consulted them and prepared a complete package of documents with a travel justification. As a result, we received a positive decision. At the same time, another pair of clients, who also fully followed our recommendations and provided all the necessary papers, were refused in the same province. Immediately after that, we started the trial of their case.
So even perfectly prepared cases can end in both approval and rejection. Here you just need to try.
Regarding the refusals to extend: there are indeed negative trends in some regions now. Currently, in Fethiye, residence permits issued after February 2022 are practically not extended. The situation is similar in Izmir, Ankara, Samsun — they also often refuse to extend short-term, tourist residence permits.
In Mersin, Istanbul and Antalya, the chances of an extension are higher, but not one hundred percent — decisions are made with a probability of about 50-50. They categorically do not extend a residence permit in Bursa.
In general, everything depends very much on the specific migration center and its management. Decisions are made locally, so practices can vary greatly even in neighboring provinces.
How many foreigners live in Turkey with a residence permit, and how their number has decreased over the past six months
Procedure in case of refusal
— And what to do in case of refusal? How many attempts can be made?
— In case of refusal, several options are possible. Firstly, filing an appeal to the court — with good legal protection, there are good chances to overturn a negative decision.
Secondly, you can try to apply for another type of residence permit, for example, if you were refused a tourist one, apply for a student or family one.
The number of attempts is unlimited. The main condition is that you must stay in Turkey legally every time, and also not apply twice in a row for the same type of residence permit — it should take six months for this to happen.
According to the new rules, the number of online applications is limited to two in 6 months. But personally, through a lawyer, you can file more often.
— What is the probability of success in appealing a refusal in court?
— Everything directly depends on the qualifications, experience and reputation of the lawyer who is conducting the case. We ourselves have faced situations when some lawyers said that the case was hopeless, but we eventually won it.
Also, of course, the grounds for filing a claim, the availability of relevant documents and circumstances are important. In this regard, I want to draw attention to the fact that not all cases are worth going to court. It is necessary to assess the prospects of a particular case in advance.
The main mistakes when applying for a Turkish residence permit
— What does the process of applying for a Turkish residence permit look like and how long can it take?
— First, the consultation determines the type of temporary residence permit suitable for you and the list of documents that will need to be submitted. Then the papers are collected, and the client arrives in Turkey (either by obtaining a visa, or immediately on a visa—free basis, depending on the type of residence permit).
The submission itself takes about 1-1.5 months. In some provinces, such as Mersin, Kusadasi and Fethiye, the decision is announced immediately on the spot. That is, you do not need to wait for your documents to be processed, as in Istanbul or Antalya.
— If possible, please highlight the top mistakes that people make when applying for a residence permit in Turkey.
— Of course, the main and most common mistake is trusting information from various kinds of chats and incompetent sources. For some reason, people believe the advice of random people on the Internet who have recently received a residence permit themselves. This is a fundamentally wrong approach.
The second serious mistake is neglecting the advice of licensed lawyers. Only lawyers have expert knowledge, understand all the subtleties of legislation, and have experience in interacting with migration services.
Also, many mistakenly trust realtors, insurers and other related specialists in matters of legalization. But these people are not competent in this field and are not responsible for the result.
To avoid all these mistakes, you need to rely only on the recommendations of trusted lawyers, and be ready to pay for qualified legal assistance.
The most common questions about refusals of a Turkish residence permit
What are the terms for which different types of residence permits are usually issued?
Tourist — for 6 months, tap — for 2 years, family — for 3 years.
What is the situation with refusals of residence permits and extensions in different regions?
More often they refuse a tourist residence permit (50/50). They are not extended in Fethiye, Izmir, Ankara, Samsun, Bursa. In Mersin, Istanbul, Antalya — 50/50.
What should I do in case of refusal? How many attempts can be made?
You can appeal to the court or try to apply for another type of residence permit (in this case, there may be as many attempts as you want). You can apply for the same type of residence permit only after 6 months.
What is the probability of success in appealing a refusal in court?
It depends on the lawyer’s qualifications. It is necessary to evaluate the prospects of each specific case.
What are the main mistakes made when applying for a residence permit?
Trusting information from incompetent sources and refusing the services of professional lawyers.
Author
Yulia Yanukovych Editor-in-Chief
I am responsible for the work of the editorial office. I write expert interviews and guides.
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