Jump to content

How Can I Appeal a Rejection of My Application for a Long-Term Residence Permit?

Rate this topic


Recommended Posts

How can I contest or object a negatively reviewed long-term residence permit decision?

Does anyone have any experience with this process?

What steps do I need to take aside from presenting myself to the immigration office?

Should I get a lawyer?

Background:

I applied for the long-term in October, and went to my appointment in January. I brought all of the documents requested on my application form as well as every single thing mentioned on every website I could find online (in both Turkish and English) just as a back-up.

I was told that most of the documents I had brought were no longer needed, but that some additional things (specifically: a pink folder & the gün sayımı directly from the immigration office - neither of which I saw mentioned online) were required. I purchased the pink folder and filled in my dilekçe for the gün sayımı (which I was told could take up to 3 months to receive, but I received just a few weeks later with a positive result). I delivered all of my documents in person and was given a form stamped with the date (10 February 2020) stating that I had provided all the necessary documents and told that it could take up to 6 months to reach a decision.

I received a brand new SMS yesterday but "back-dated" the 19th of February, as if it were somehow a postal letter traveling through snail mail, saying that my application was rejected and I'd have 30 days to appeal to room 104.

In addition to all of this mess, before my long-term appointment date, I had also applied to renew my short-term, as I happen to be on the list of nationals who can still *supposedly* apply. Just to be safe, I also applied before January 1st. My appointment for my short-term residence permit is coming up this Friday. I have more than sufficient funds, and all of my paperwork is still in order. Every document and all the information on my application were true and factual. Nothing was falsified. I applied on my own, as I have done, for more than 8 years now. I speak and write fluently in Turkish.

Link to comment
Share on other sites

I think the best information you'll get is when you go to Room 104 and ask why it was rejected. Perhaps there was some mistake in the package that was caught when they reviewed it which can be easily straightened out. Thankfully you can still apply for your short-term residence permit, so hopefully you won't have to leave Turkey.

You can appeal the rejection by filling out a Komisyon Değerlendirme Formu (Commission Evaluation Form) which they'll give you when you go to room 104. When you get that form you can also find out why your application was rejected. You'll need to write an appeal. Make sure you write it out completely in Turkish, and have someone whose native language is Turkish go over it to make sure its perfect. Then write the appeal on the form and take it back to the immigration office.

If your appeal is rejected, your only other option is to appeal to the Turkish courts.

Or you can go through the short-term residence permit application, which hopefully will be approved, then re-apply for the long-term residence permit again after 180 days.

I've never heard of a pink folder being required either. Is that some folder the immigration office issues or are you supposed to get one from a stationery store?

When you mention the Gün Sayımı, are you talking about the document which shows your entries and exits from Turkey that you get from the border police? I've heard of this form being called a Giriş-çıkış Kaydı (Record fo Entries and Exits). What was the actual title of the form, on the form itself? Did you get it from the immigration office or did you have to go to the main security directorate?

I hope you don't mind the questions... In reading about your experience, I'm seeing a couple of things I haven't seen before, myself.

Link to comment
Share on other sites

Thanks for your response. 

I'll answer your questions first, as I still have a few of my own.

The gün sayımı belgesi replaces the old giriş-çıkış kaydı, as the former goes into a bit more specifics regarding exactly how many days you may have stayed inside the country with & without a valid RP as well as (not only the last 8 years but also) the number of days you've stayed legally inside Turkey within the last 5 (as there is a further quota for this). At the bottom of the paper is an evaluation (either olumlu or olumsuz -- Naturally, mine was olumlu). It is obtained directly from the immigration office by filing a dilekçe (and waiting an uncertain amount of days/weeks/months for an SMS). More specifically, my SMS also stated that I could only pick it up on a Friday (only Friday) afternoon within 30 days of the SMS.

The pink folder is a new thing, and it may only be for Istanbul. It appears that this is now a requirement even for renewals and first time applications of all sorts. They expect you not to know about this (as there is ZERO information anywhere online about it), and you'll be told to buy one from a nearby kırtasiye when you go in for your appointment. This is, again, something new put into place (like another litmus test) just to throw us off-guard and make us think that we don't have the required documents. You have to exit whatever building your appointment is in, buy a pink folder, pass through security again, and wait in (potentially multiple) line(s) again just to deliver everything in the end.

Link to comment
Share on other sites

Okay, now I hope you don't mind, but I still have questions of my own.

1. Do I obtain the komisyon değerlendirme formu directly at the immigration office, or is it something I should get from elsewhere?

2. Should I go with a dilekçe already prepared? Or a lawyer for that matter?

3. My biggest fear is that when I go to the immigration office, they will try to tell me that I have 10 days to leave the country (as my old short-term residence permit is now expired, while still waiting for my renewal appointment). Do you know if they instantly try to pressure you to sign something saying you'll leave within 10 days? My renewal appointment is in less than 10 days, so this shouldn't actually affect me, regardless. However, it is worrying, considering that at my renewal appointment, I may be asked to procure extra documents within 30 days, and some documents may take more than 10 days to arrive, putting me in a grey area, if I'm asked for something obscure and/or absurd, which is a possibility.

4. If I do have to leave the country, can I come back immediately on a touristic visa, or do I need to spend 90-180-whatever amount of days abroad?

5. Can I apply again for the uzun dönem 180 days after my previous application date? Or 180 days after my the appointment? Or 180 days after the SMS I received telling me it was olumsuz?

I have a hunch that because there was only 4 - 5 months left on my short-term residence permit when I applied, I was automatically rejected outright (as I think 6 months is the standard), but naturally, I don't know yet.

Link to comment
Share on other sites

Thanks a lot for that info, I wasn't aware of these new requirements. I'm also going to be applying for a Long-term Residence Permit soon, and I'll also ask about these things in Antalya.

Quote

Do I obtain the komisyon değerlendirme formu directly at the immigration office, or is it something I should get from elsewhere?

You get it from the immigration office. I think the usual routine is that the foreigner gets the dreaded message to go to the immigration office, where they learn of the rejection, then they're given the appeal form.

Quote

Should I go with a dilekçe already prepared? Or a lawyer for that matter?

I've not seen one of the komisyon değerlendirme formus before, but there may be specific things you need to address in your appeal which are listed on that form, so if I were you I would get the form first, then write the appeal. I don't think a lawyer will be of any help at this point, they're probably just going to give you the reason for rejection and the appeal form, and even if you had a lawyer there it wouldn't make any difference at that point. Perhaps as you're writing the appeal a lawyer might be able to help you with the wording. Then you'll submit the appeal, then if it gets rejected again the only option is the courts. So if you end up going that route, then you'd need a lawyer.

But I'm wondering what the rejection reason is firstly, I'll bet its some missing document or something simple like that.

Quote

My biggest fear is that when I go to the Göç İdaresi Müdürlüğü, they will try to tell me that I have 10 days to leave the country (as my old STRP is now expired, while still waiting for my renewal appointment). Do you know if they instantly try to pressure you to sign something saying you'll leave within 10 days?

Not a problem. If you have an appointment pending for your Short-term Residence Permit, you don't have to leave Turkey. You still have an active application for your Short-term Residence Permit.

Quote

However, it is worrying, considering that at my renewal appointment, I may be asked to procure extra documents within 30 days, and some documents may take more than 10 days to arrive, putting me in a grey area, if I'm asked for something obscure and/or absurd, which is a possibility.

If you haven't gotten an SMS asking for additional documents, they probably won't ask for any at your appointment. If they do, they'll give you up to 30 days to get them. If it takes more just go back and let them know, and take any documentation (like letters of request for the documents, postal receipts with barcodes, etc. to show that you're actively working on getting the document. But if it takes a lot of time, let them know before the time they gave you runs out. Because if you don't, an application submitted with missing documents is rejected, not canceled, if you go over the time they give you to get the missing documents. Which would mean you can't re-apply for the same type of residence permit for another 180 days.

Quote

 If I do have to leave the country, can I come back immediately on a touristic visa, or do I need to spend 90-180-whatever amount of days abroad?

If you still have an active application for a Short-term Residence Permit, you won't have to leave the country. Your Short-term Residence Permit application hasn't been rejected.

But to answer your question, lets say both are rejected. If that happens, then you can leave Turkey and return the next day with an e-visa. The residence permit and the visa are two entirely different things. So when you get the visa to return, as far as any visa restrictions, your time in Turkey will be 0 days with the visa. How long you were in Turkey with the residence permit will have zero affect on the visa.

Quote

Can I apply again for the uzun dönem 180 days after my previous application date? Or 180 days after my the appointment? Or 180 days after the SMS I received telling me it was olumsuz?

I don't know. The law says "180 days," but I don't think it specifies the date which starts the 180 days.

Quote

I have a hunch that because there was only 4 - 5 months left on my ST ikamet when I applied, I was automatically rejected outright (as I think 6 months is the standard), but naturally, I don't know yet.

I'm really curious about this myself. I'm thinking its something simple that the immigration officer didn't catch during the interview, then later when they went over your application package they found some problem. But this will have no impact on your application for a Short-term Residence Permit. They're two different types of residence permits, and two completely separate applications.

And by the way, thanks for sharing your experience here, I really hope you get this sorted out and that you get your Long-term Residence Permit, either this time or when you re-apply later.

Please let us know what happens when you go to the immigration office.

Atattoo, when you get this komisyon değerlendirme formu, would you mind scanning and sending me a copy of the form (not filled in)? I'm working on a series of guides about residence permits to help people in such situations (including what to do if rejected) and it would be of great help to actually have a copy of the form.

Link to comment
Share on other sites

Thank you so much, again, for this thorough and helpful answer. 

Of course I can scan and send you a copy of the komisyon değerlendirme formu.

For now, I've searched a bit online and found what may be an old version here.

If this is still in use, it appears that only health and/or education -related justifications would suffice in an appeal.

 

Link to comment
Share on other sites

That would be great if you could send me a scan by personal message, there's an option to upload a document. 

I'm thinking that this type of form might have multiple uses, and might be configured differently depending on what it's used for.

Link to comment
Share on other sites

  • Ken Grubb changed the title to How Can I Appeal a Rejection of My Application for a Long-Term Residence Permit?

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...