Residence permit refusal, cancellation and non-renewal in Türkiye
Short answer
A residence permit can be refused, cancelled or not renewed when you do not meet, or no longer meet, the conditions of your permit type, when you use the permit for a purpose other than the one it was given for, or when there is a valid removal decision or entry ban against you.[1] Each permit type also has its own reasons, including limits on time spent outside Türkiye: more than 120 days in total in the last year for a short-term permit, more than 180 days for a family permit, and more than one year without a break for a long-term permit.[1][2] The decision is formally notified to you, and the notification must explain how you can use your rights to challenge it.[1]
In Turkish law these three outcomes are called ret (refusal of an application), iptal (cancellation of a permit you already hold) and uzatılmama (non-renewal, meaning your extension is not granted).[1]
Who decides and what they consider
Under the Law, decisions on applications made inside Türkiye are taken by the governorate (valilik), which also notifies you of the decision.[1] In practice, you deal with the Provincial Directorate of Migration Management in your province.[3]
Before refusing, cancelling or not renewing a permit, the governorate takes into account points such as your family ties in Türkiye, how long you have lived in Türkiye, the situation in your country of origin and the best interest of the child. It may also postpone the decision.[1]
Reasons by permit type
The table compares the reasons written in the Law and the Implementing Regulation. “Yes” means the reason is listed for that permit type.
| Reason | Short-term | Family | Student | Long-term |
|---|---|---|---|---|
| The conditions of the permit are not met, or stop being met | Yes (Law Art. 33/1-a; Reg. Art. 29/1-a) | Yes (Law Art. 36/1-a; Reg. Art. 33/1-a) | Yes (Law Art. 40/1-a; Reg. Art. 39/1) | Conditions are checked when you apply (Law Art. 43); see below |
| The permit is used for a purpose other than the one it was given for | Yes (Law Art. 33/1-b; Reg. Art. 29/1-b) | Yes (Law Art. 36/1-ç; Reg. Art. 33/1-ç) | Yes (Law Art. 40/1-c; Reg. Art. 39/1) | Not listed |
| A valid removal decision or entry ban exists | Yes (Law Art. 33/1-ç; Reg. Art. 29/1-ç) | Yes (Law Art. 36/1-c; Reg. Art. 33/1-c) | Yes (Law Art. 40/1-ç; Reg. Art. 39/1) | Not listed |
| Too much time outside Türkiye | Yes, see the next section (Reg. Art. 29/1-c) | Yes, see the next section (Reg. Art. 33/1-d) | No time-abroad limit is listed in Law Art. 40 or Reg. Art. 39 | Yes, see the next section (Law Art. 45/1-b; Reg. Art. 42/2) |
| Evidence shows that you cannot continue your studies | Not applicable | Not applicable | Yes (Law Art. 40/1-b; Reg. Art. 39/1) | Not applicable |
| The marriage was made only to obtain a residence permit | Not applicable | Yes (Law Art. 37/1; Reg. Art. 33/1-e) | Not applicable | Not applicable |
| The family permit conditions have ended and a short-term permit is not granted instead | Not applicable | Yes (Law Art. 36/1-b; Reg. Art. 33/1-b) | Not applicable | Not applicable |
| You are found to be a serious threat to public order or public security | Not listed as a separate reason | Not listed as a separate reason | Not listed as a separate reason | Yes, cancellation (Law Art. 45/1-a; Reg. Art. 42/1) |
What “the conditions” mean for each type
- Short-term residence permit: you must state one of the purposes listed in the Law and provide the related documents, have accommodation that meets general health and safety standards, give your address in Türkiye, provide a criminal record document if asked, and not fall under Law Art. 7 (the list of foreigners who are not allowed to enter Türkiye).[1] See Short-Term Residence Permit.
- Family residence permit: the sponsor’s conditions on income, housing, health insurance, criminal record, at least one year of stay in Türkiye with a residence permit (with some exceptions) and address registration, and the family member’s own conditions, apply.[1] See Family Residence Permit.
- Student residence permit: you must provide the information and documents about your studies, not fall under Law Art. 7, and give your address in Türkiye.[1] See Student Residence Permit.
- Long-term residence permit: this permit has no end date, so it is not renewed.[1] An application is refused if the conditions in Law Art. 43 are not met. For example, the Regulation says an application is refused if you received social assistance in the three years before applying, or if you have no valid health insurance on the application date.[1][2] See Long-Term Residence Permit.
A permit can also be cancelled while you are held in prison or in administrative detention in a removal centre. The Law says this time does not count as a breach of your permit period, but your permit may be cancelled.[1]
The humanitarian residence permit is cancelled and not renewed when the conditions that made it necessary no longer exist, with the approval of the Ministry.[1] Humanitarian permits and permits for victims of human trafficking are not covered in detail on this site yet.
Time outside Türkiye: limits by permit type
The Law leaves the details of cancellation for time abroad to the Implementing Regulation for short-term and family permits.[1] The limits are:
| Permit type | Limit | How it is counted | Exceptions | Legal basis |
|---|---|---|---|---|
| Short-term | More than 120 days | In total, within the last year | Compulsory public service, duty, education or health reasons | Reg. Art. 29/1-c[2] |
| Family | More than 180 days | In total, within the last year | Compulsory public service, duty, education or health reasons | Reg. Art. 33/1-d[2] |
| Student | No limit listed | Not applicable | Not applicable | Law Art. 40; Reg. Art. 39[1][2] |
| Long-term | More than one year | Without a break (one continuous stay abroad) | Health, education or compulsory public service in your own country (Law); the Regulation also lists duty | Law Art. 45/1-b; Reg. Art. 42/2[1][2] |
If you were outside Türkiye for one of the listed exceptions, keep documents that show the reason. The rules do not say which documents are accepted, so ask your Provincial Directorate of Migration Management.
How you are told about the decision
A refusal, non-renewal or cancellation is notified to you, to your legal representative or to your lawyer. The notification must also explain how you can use your rights to challenge the decision effectively, and your other legal rights and obligations during that process.[1][2] Göç İdaresi gives the same explanation in its official FAQ.[3]
Read the notification carefully and keep a copy. For what the official texts say about challenging a decision, see Appeals and judicial review.
Applying again after a refusal or cancellation
Within six months: you need a new reason
If your application was refused or your permit was cancelled, and you apply again within six months, you are asked to give a new reason for your residence permit request.[2] Göç İdaresi’s FAQ puts it this way: after a refusal you cannot apply again for the same purpose of stay within six months, but if your legal stay is still valid you can apply for a different purpose.[3]
Exception: cancellation because of time abroad
You do not need a new reason if your permit was cancelled only because of time spent outside Türkiye, in these cases:[2]
- a short-term permit cancelled for more than 120 days abroad in total in the last year,
- a family permit cancelled for more than 180 days abroad in the last year,
- a long-term permit cancelled for more than one year abroad without a break.
If you are in Türkiye when such a cancellation is notified, you can apply for a residence permit within ten days of the notification. In that case, the Regulation says that a single-entry visa fee and the residence permit fee for the time between the cancellation and your new application are collected “bir kat fazlasıyla” (with one additional multiple). Time you spent abroad is not included in that calculation.[2] See Residence permit fees for the fee tariff.
Long-term permit cancelled for time abroad
You can apply to get your long-term permit back. The application is made to the governorate in the province where you are, in person or by the method Göç İdaresi sets.[2] The Regulation also names consulates abroad, but Göç İdaresi states that residence permit applications are not yet taken from abroad.[2][3] These applications are handled with priority and are concluded within one month at the latest. The authority looks at your intention to settle in Türkiye, relatives in Türkiye, property, active work relationships and your social, economic and cultural ties to Türkiye. The eight years of continuous residence are not required again, but the other long-term conditions are checked, and the Ministry must approve.[2]
Long-term permit cancelled for public order or security
If your long-term permit was cancelled because you were found to be a serious threat to public order or public security, the Regulation says you cannot apply for any of the residence permit types in the Law.[2]
Related pages
- Extending a residence permit
- Switching residence permit type
- Appeals and judicial review
- Residence permit fees
Sources
- Yabancılar ve Uluslararası Koruma Kanunu (Law No. 6458), consolidated text, Art. 7, 25, 26/1, 32, 33, 35, 36, 37, 39, 40, 42, 43, 45, 47. mevzuat.gov.tr, accessed .
- Yabancılar ve Uluslararası Koruma Kanununun Uygulanmasına İlişkin Yönetmelik, Art. 21/10, 21/11, 21/12, 29, 33, 39, 40/4, 40/6, 42, 43. mevzuat.gov.tr, accessed .
- İkamet Sıkça Sorulan Sorular. Göç İdaresi Başkanlığı, accessed .