A residence permit, which forms the basis of a foreign national’s presence in Türkiye, remains subject to supervision after it has been granted. The administration monitors whether the conditions on which the permit rests continue to exist and may withdraw the permit where it establishes that those conditions have ceased to apply.
The circumstances requiring cancellation differ according to the type of permit. A ground that applies to a short-term permit may not apply to a long-term permit; the humanitarian residence permit and the residence permit for victims of human trafficking, meanwhile, are subject to a regime of their own. Once the decision has been served, the foreign national is left with limited room for manoeuvre, and the steps to be taken must be determined according to the ground of cancellation.
Overview of the Grounds for Cancellation
The cancellation of a residence permit arises where a foreign national who has obtained the right to reside in Türkiye loses the required conditions, or where different developments subsequently emerge. The grounds of cancellation may vary as the type of permit changes.
The first of these grounds is that the permit is never used. Where the foreign national to whom the permit has been granted does not enter Türkiye within 6 months of the permit, the document loses its validity. The matter is regulated in the first paragraph of Article 19 of the Law on Foreigners and International Protection No. 6458:
Law on Foreigners and International Protection No. 6458, Art. 19(1)
“…the residence permit shall lose its validity where it has not begun to be used within six months.”
Beyond this, the subsequent disappearance of the conditions that existed at the time of application, or the foreign national’s engagement in unlawful activities after the permit has been obtained, likewise results in cancellation. The general and special grounds of cancellation applied in this framework are addressed under separate headings below.
NOTE: A foreign national whose permit is cancelled will be made subject to a deportation decision if he or she does not leave Türkiye within 10 days. The process must therefore be managed with care.
Grounds for Cancellation Applicable to All Permit Types
The occurrence of the following circumstances leads to withdrawal of the permit in respect of almost all permit types:
- The permit holder does not hold a passport, a document in lieu of a passport, a visa or a residence or work permit, or it emerges that those documents and permits are forged or were obtained by fraudulent means,
- The holder does not have a passport or a document in lieu of a passport valid for at least 60 days beyond the expiry of the permit,
- The permit holder is among the persons prohibited from entering Türkiye or from transiting through Türkiye,
- The person is considered objectionable in terms of public order and public security,
- The permit holder has one of the diseases capable of endangering public health,
- The holder has the status of an accused or a convicted person in respect of extraditable offences within the framework of the international agreements to which Türkiye is a party,
- The holder does not have valid health insurance covering the intended period of stay,
- The grounds justifying the foreign national’s entry into, transit through or stay in Türkiye have ceased to exist,
- It emerges that the holder does not have sufficient and regular financial means for the duration of the stay,
- The holder refuses to pay debts and penalties arising from a visa violation or from past receivables, or currently subject to enforcement proceedings,
- The permit holder is held in a prison or in a removal centre as a detainee or a convicted person,
- It is established that a mandatory condition sought at the application stage for the relevant permit type, and met at that time, has subsequently ceased to exist.
Where these circumstances exist at the application stage, the request is refused. Where they do not exist at the time of application but emerge subsequently, cancellation arises.
The grounds listed above do not apply to the long-term residence permit, the humanitarian residence permit or the residence permit for victims of human trafficking. Those permit types have their own particular grounds of cancellation, which are addressed separately below.
Cancellation of the Short-Term Residence Permit
The grounds of cancellation relating to the short-term permit are regulated in Law No. 6458 and in the relevant Regulation. The circumstances leading to withdrawal of this permit type are as follows:
- It is established that the permit has been used otherwise than for the purpose for which it was granted,
- One or more of the conditions required for the short-term permit have never been met or have subsequently ceased to exist,
- A valid deportation decision or a ban on entry into Türkiye exists in respect of the person,
- The holder has stayed abroad for more than 120 days in total within the last 1 year for a reason other than assignment, education, health or compulsory public service.
How the short-term permit is obtained, the conditions required, the information and documents to be prepared for the application, who may apply for this permit and the grounds of cancellation are explained in detail in our note entitled short-term residence permit.
Cancellation of the Family Residence Permit
The family residence permit is cancelled where certain situations set out in the Law and the Regulation occur. The circumstances leading to cancellation under Articles 36 and 37 of Law No. 6458 are listed below; the occurrence of only one of them is sufficient for the permit to be withdrawn.
- The conditions required for the permit did not exist from the outset or have subsequently ceased to exist,
- It is established that the marriage was contracted for the purpose of obtaining a residence permit,
- The foreign national has not been granted a short-term permit after the conditions for the family permit ceased to exist,
- It is determined that the permit has been used otherwise than for the purpose for which it was granted,
- A valid deportation decision or a ban on entry into Türkiye exists in respect of the permit holder,
- Save for cases of education, assignment, health and compulsory public service, the holder has stayed abroad for more than 180 days in total within the last 1 year.
The scope of the family residence permit, who may benefit from it, the conditions required of the sponsor and of the applicant, the information and documents requested at the application stage and the operation of the cancellation process are addressed in our note entitled family residence permit.
Cancellation of the Student Residence Permit
The grounds of cancellation relating to the student permit are set out in Article 40 of Law No. 6458. The occurrence of one of the following circumstances leads to withdrawal of the permit:
- Evidence emerges indicating that the studies cannot be pursued,
- The conditions required for the permit do not exist or have subsequently ceased to exist,
- It is established that the permit has been used otherwise than for the purpose for which it was granted,
- A valid deportation decision or a ban on entry into Türkiye exists in respect of the student holding the permit.
The conditions required for the student permit, who may obtain it, the information and documents needed for the application and the grounds of cancellation are examined in our note entitled student residence permit.
Cancellation of the Long-Term Residence Permit
The long-term residence permit is issued by the governorships, upon the approval of the Ministry of Interior, to foreign nationals who have resided in Türkiye with a residence permit uninterruptedly for at least 8 years and to those who meet the criteria determined by the Ministry of Interior. The grounds of cancellation regulated in Article 45 of Law No. 6458 are as follows:
- The conditions met during the application process have subsequently ceased to exist,
- The permit holder constitutes a serious threat to public order or public security,
- The holder has stayed outside Türkiye uninterruptedly for more than 1 year for a reason other than health, education or compulsory public service in the country of nationality.
NOTE: Where the cancellation is based on the ground that the holder constitutes a serious threat to public order or public security, that person may no longer apply for the other types of residence permit either. Who may obtain the long-term permit, the conditions of application and the grounds of cancellation are set out in detail in our note entitled long-term residence permit.
Cancellation of the Humanitarian Residence Permit
The humanitarian residence permit is an exceptional type of permit granted on humanitarian grounds. Whether the conditions making the permit necessary continue to exist is monitored at regular intervals by the provincial directorates of migration management. Where it is established that those conditions have ceased to exist, cancellation of the permit arises.
To whom and on what conditions the permit is granted, and how the permit and cancellation processes operate, are explained in detail in our note entitled humanitarian residence permit.
Cancellation of the Residence Permit for Victims of Human Trafficking
Foreign nationals who are, or in respect of whom there is strong suspicion that they may be, victims of human trafficking may be granted a permit of 30 days by the governorships, in order to allow them to recover from the effects of their experience and to decide whether they will cooperate with the authorities. This permit type is known as the residence permit for victims of human trafficking.
The occurrence of one of the following circumstances, regulated under Article 49 of Law No. 6458 and Article 46 of the Regulation, leads to cancellation of the permit:
- The permit holder engages in conduct contrary to the obligations imposed by the permit,
- It is established that the foreign national has re-established contact, on his or her own initiative, with the perpetrators of the offence,
- It emerges, and is established, that the person concerned is not in fact a victim of human trafficking.
Consequences of a Cancellation Decision
How the process operates in respect of a person whose permit has been cancelled is set out in the provisions of Law No. 6458 and the Regulation. Under Article 54(1)(f) of Law No. 6458, a deportation decision is taken in respect of those whose permits have been cancelled. However, no such decision may be issued if the person concerned presents himself or herself at a border gate of his or her own volition within 10 days in order to leave the country.
By contrast, where the foreign national pursues legal remedies such as an administrative objection or an action for annulment, he or she is able to remain in the country until the process has been completed. These remedies are addressed in detail below.
May a Person Whose Permit Is Cancelled Apply for Another Permit Type?
This question must be answered in the affirmative. It is possible for a person whose permit has been cancelled to apply for another type of permit. However, the situation that led to the cancellation must not also constitute an obstacle in respect of the new permit applied for. In addition, where special conditions are prescribed for the new permit type, those must likewise be met.
All the permit types prescribed in the Law, together with the criteria required in respect of each of them, are addressed collectively in our note entitled residence permit.
Steps to Take After a Cancellation Decision
A foreign national whose permit has been cancelled must, within 60 days following the day on which the decision was served, either lodge an objection with the administration that issued the decision or bring an action for annulment before the administrative court. Where neither remedy is pursued and the country is not left within 10 days, a deportation decision is taken in respect of the person.
Administrative Objection to the Cancellation Decision
An objection may be lodged with the administrative authority against the cancellation, just as an action may be brought directly before the administrative court. A period of 60 days, running from the day following service of the decision, is available for the exercise of these options.
A foreign national whose permit has been cancelled may lodge an objection with the Presidency of Migration Management within that 60-day period. Upon the lodging of the objection, the 60-day objection and litigation period is suspended. The administration examining the application assesses the foreign national’s situation and reaches a decision. Where no reply is given for 30 days, the objection is deemed to have been rejected.
For a foreign national whose objection has been rejected, the 60-day litigation period resumes from the point at which it was suspended, beginning on the day following service of the decision of rejection. An action may be brought before the administrative court within the remaining period; in that action, the unlawfulness of the cancellation is asserted.
Where a cancellation decision is encountered, the steps to be taken must be correctly identified and the time limits and other procedural rules observed. Otherwise, deportation of the foreign national may follow. It is therefore advisable to conduct the process together with an immigration lawyer.
Action for Annulment Against the Cancellation Decision
An action for annulment may be brought directly, without any objection being lodged with the administrative authority. Alternatively, recourse may be had to litigation within the remaining period after an administrative objection has been rejected.
The court with subject-matter and territorial jurisdiction is the administrative court of the place where the administrative authority that cancelled the permit is located. The time limit for bringing the action is 60 days, beginning on the day following service of the decision of rejection. As noted above, that period is suspended where an objection is first lodged with the administration.
In the proceedings, the unlawfulness of the cancellation must be demonstrated with concrete evidence. In this respect, it is of considerable importance that the pleading be reasoned and correctly prepared. The action must also be brought together with a request for a stay of execution.
If the administrative court does not find the claimant’s request well founded, the action is dismissed. In that event, the decision must be taken to appeal. This is done by lodging a notice of appeal with the court that gave the judgment within 30 days of the date of service. The body conducting the review is the regional administrative court. No appeal on points of law lies against the decision to be given by the regional administrative court.
The Importance of a Stay of Execution
A stay of execution is a vital matter for foreign nationals whose permits have been cancelled. This is because a person faced with a cancellation is, as a rule, obliged to leave the country within 10 days following the date of service; where that obligation is not complied with, he or she is deported.
By contrast, where an action for annulment is brought within that period and a stay of execution is requested in the pleading, the foreign national continues to remain in Türkiye until the proceedings are concluded, provided the request is granted.
NOTE: Bringing an action before the administrative court does not of itself suspend the execution of the act. A stay of execution must be requested from the court separately in the pleading. Administrative courts may so decide upon assessing the circumstances.
Reapplying After Cancellation
Where a foreign national whose permit has been cancelled makes a fresh application within 6 months, he or she must put forward a different ground. A new application may not be made on the same grounds within that period. Once the six-month period has expired, an application may be made on either the same or different grounds.
The provision appears in Article 21(10) of the relevant Regulation as follows:
Regulation on the Implementation of the Law on Foreigners and International Protection, Art. 21(10)
“Persons whose residence permit application has been rejected and persons whose residence permit has been cancelled shall be required to submit a new ground for requesting a residence permit where they make a fresh residence permit application within six months.”
There are significant exceptions to this rule. In the cases listed below, a foreign national whose permit has been cancelled may reapply without being obliged to put forward a different ground:
- Those whose short-term permit has been withdrawn on the ground that they stayed abroad for more than 120 days in total within the last 1 year,
- Those whose long-term permit has been cancelled because they stayed abroad uninterruptedly for more than 1 year,
- Those whose family permit has been withdrawn on the ground that they spent more than 180 days in total within the last 1 year abroad.
Where such persons are present in the country and request a new permit within 10 days following service of the decision, the single-entry visa fee and the residence fee corresponding to the period between the date of withdrawal of the permit and the date of application are collected with an additional equal amount. Periods spent abroad are not taken into account in that calculation.
Conclusion
The legal remedies available to foreign nationals against a cancellation decision contain rules of their own. In pursuing those remedies, the procedural dimension, and in particular the time limits, must be observed. Otherwise the action is dismissed and a deportation decision is issued in respect of the foreign national concerned. It is therefore advisable to consult an immigration lawyer during the objection and annulment proceedings.
Independent Legal Assessment
In cancellation files, the practical difficulty arises from two periods running at the same time. On the one hand, a sixty-day period begins for the purposes of seeking a remedy; on the other, only ten days are available in which to leave the country. Where these two calendars are confused, the foreign national may in fact be deported while the right to bring an action technically remains open. The decision taken on the first day of the file is therefore more determinative than any argument on the merits of the action.
The second matter is the effect of the ground of cancellation on subsequent applications. A cancellation issued on account of time spent abroad and a cancellation based on a public order assessment produce entirely different consequences for the possibility of reapplying; the latter may, in long-term permits, also close off the route of applying for other permit types.
In a specific file, priority should be given to the following points:
- Always including a request for a stay of execution in the pleading
- Documenting the date of service and calendaring the sixty-day and ten-day periods separately
- Distinguishing whether the ground of cancellation rests on the general grounds or on a special ground particular to the permit type
- Correctly calculating the period of suspension and the remaining litigation period where the administrative objection route is to be taken
- Assessing, in cancellations based on time spent abroad, the availability of the exemption from the requirement to change the ground
- Anticipating, where a fresh application is contemplated, the possibility that the fees will be collected with an additional equal amount
Independent Legal provides advisory services and conducts litigation in administrative objection and annulment proceedings brought against the cancellation of residence permits, as well as in disputes concerning deportation measures.