Challenging a residence permit decision: what the official texts say
Short answer
If your residence permit application is refused, or your permit is cancelled or not renewed, the decision is formally notified to you. The notification must explain how you can use your rights to challenge the decision effectively, and your other legal rights and obligations.[1] For refusals and cancellations of short-term residence permits, the Law has a special court procedure that applies only to cases opened after it entered into force on 30 November 2024.[1][2]
Please note: this page gives general information only. It is not legal advice and it does not replace legal advice about your own case. It only describes what the official texts say.
The notification is your starting point
The Law says that a refusal, non-renewal or cancellation is notified to you, to your legal representative or to your lawyer.[1] The Implementing Regulation repeats this for each permit type.[3] Göç İdaresi gives the same explanation in its official FAQ.[4]
The notification must include:[1]
- how you can use your rights to challenge the decision effectively, and
- your other legal rights and obligations during that process.
Because the notification is where your rights are explained, keep it and read it carefully. If something in it is not clear to you, you can ask the Foreigners Communication Center (YİMER): 157 from inside Türkiye, or +90 312 157 11 22 from abroad.[5]
For the reasons a permit can be refused, cancelled or not renewed, and for applying again, see Refusal and cancellation.
Special court procedure for short-term permits
Law No. 7533, published in the Resmî Gazete on 30 November 2024 (No. 32738), added paragraph 7 to Article 31 of Law No. 6458.[2][1] It applies when a foreigner, or their legal representative or lawyer, goes to court against:[1]
- the refusal of a short-term residence permit application, or
- the cancellation of a short-term residence permit.
In these court cases:[1]
| Rule | What it means |
|---|---|
| When the case file is complete | The file is treated as complete once the administration submits its defence, or once the time for submitting the defence has passed. |
| If the court cannot reach you | If notification cannot be made to the address the claimant gave, the period in Article 26/3 of Law No. 2577 (the Administrative Procedure Law) is applied as two months. |
| Hearing | Whether a hearing is held is at the court’s discretion. |
Which cases this applies to
Law No. 7533 also added Provisional Article 3 to Law No. 6458. It says the changes made to Articles 31 and 53 apply only to cases opened after the date the provision entered into force.[1][2] Law No. 7533 entered into force on the date it was published, 30 November 2024.[2]
Article 31/7 names only short-term residence permit refusals and cancellations.[1]
What this page does not cover
We do not give time limits for going to court on this page. We have not found an official text that states a time limit specifically for residence permit decisions, so we do not publish one. The notification you receive must explain how to use your rights to challenge the decision.[1]
Related pages
Sources
- Yabancılar ve Uluslararası Koruma Kanunu (Law No. 6458), consolidated text, Art. 25, 31/7, Provisional Art. 3. mevzuat.gov.tr, accessed .
- Dahiliye Memurları Kanunu ve Bazı Kanunlar ile 375 Sayılı Kanun Hükmünde Kararnamede Değişiklik Yapılmasına Dair Kanun (Law No. 7533), Resmî Gazete 30/11/2024, No. 32738, Art. 35, 38, 47. Resmî Gazete, accessed .
- Yabancılar ve Uluslararası Koruma Kanununun Uygulanmasına İlişkin Yönetmelik, Art. 29/2, 33/2, 39/3, 42/5. mevzuat.gov.tr, accessed .
- İkamet Sıkça Sorulan Sorular. Göç İdaresi Başkanlığı, accessed .
- İkamet Genel Bilgiler. Göç İdaresi Başkanlığı, accessed .