Turkish Visa Rejection: Reasons and Appeal Process (LFIP Art. 15-17)

Turkish Visa Rejection: Reasons and Appeal Process (LFIP Art. 15-17)

Turkish Visa Rejection: Reasons and Appeal Process (LFIP Art. 15-17)

Introduction:

One of the most significant obstacles faced by foreigners wishing to come to Turkey for various purposes such as travel, education, work, or family reunification is the rejection of their visa application. Law No. 6458 on Foreigners and International Protection (LFIP) clearly stipulates the circumstances under which a visa will not be granted and the conditions for visa revocation. A visa rejection decision can disrupt foreigners' plans and negatively affect their future travel to Turkey. This article will examine in detail the common reasons for Turkish visa rejection, the circumstances under which a visa may be revoked, and the legal remedies available against such adverse decisions, within the framework of Articles 15, 16, and 17 of the LFIP.

1. To Whom Will a Visa Not Be Granted? (LFIP Art. 15/1)

Visa applications of foreigners may be rejected based on the following grounds stipulated in Article 15/1 of the LFIP:

  • a) Passport or Document Insufficiency: Those who do not possess a passport or a travel document valid for at least sixty days longer than the visa they requested.
  • b) Those Banned from Entering Turkey: Those who are subject to an entry ban to Turkey (restriction code) (covered under LFIP Art. 9).
  • c) Those Deemed Inadmissible for Reasons of Public Order or Public Security: This is a ground for rejection often based on assessments by security units and can be based on abstract justifications.
  • d) Those Carrying Diseases Posing a Threat to Public Health: As specified in Regulation Art. 17/2, those identified as taşıyan (carrying) diseases with epidemic potential defined by the World Health Organization or contagious diseases.
  • e) Those Subject to Extradition Agreements: Those who are suspects or convicts of crimes subject to extradition under agreements to which the Republic of Turkey is a party.
  • f) Those Without Valid Health Insurance: Those who do not have valid health insurance covering their stay (exceptions may apply depending on the visa type).
  • g) Those Unable to Justify Their Purpose of Stay: Those who cannot provide reasonable and credible grounds for their purpose of entry, transit, or stay in Turkey.
  • h) Those Without Sufficient and Regular Financial Means: Those who cannot prove they possess sufficient and regular financial means to support themselves and any dependents during their stay in Turkey.
  • i) Debts Arising from Visa Violations or Previous Residence Permits:
    • Those who refuse to pay public receivables (e.g., administrative fines) arising from visa or visa exemption overstays or previous residence permits.
    • Those who refuse to pay debts and penalties prosecuted under Turkish Penal Code No. 5237 dated 26/9/2004.

2. Exceptional Visa Grant by Ministerial Approval (LFIP Art. 15/2)

Despite the existence of one or more of the aforementioned grounds for rejection, it is possible for some foreigners to be granted a visa exceptionally with the approval of the Minister of Interior, based on the high interests of the country or humanitarian considerations. This is a very limited and discretionary practice.

3. Circumstances Under Which an Existing Visa May Be Revoked (LFIP Art. 16)

A visa previously granted to a foreigner may be revoked by the issuing authorities (consulates) or governorates if the following situations are subsequently identified:

  • a) Forgery: Detection that the visa was obtained based on fraudulent documents.
  • b) Alteration: Discovery of erasures, scratches, or alterations on the visa document.
  • c) Entry Ban on Visa Holder: Imposition of an entry ban to Turkey on the visa holder after the visa has been issued.
  • d) Suspicion of Criminal Intent: Strong suspicion that the foreigner may commit a crime in Turkey.
  • e) Forgery or Expiry of Passport/Document: The passport or travel document forming the basis of the visa is found to be forged or has expired.
  • f) Misuse of Purpose: Use of the visa or visa exemption for a purpose other than that for which it was granted (e.g., working illegally while on a tourist visa).
  • g) Annulment of Conditions: Subsequent discovery that the conditions or documents forming the basis for granting the visa are invalid.
  • Deportation Order: If a deportation order is issued against the foreigner during the validity period of the visa, the visa is also revoked (LFIP Art. 16/2).

4. Notification of Visa Rejection or Revocation Decisions (LFIP Art. 17)

Decisions and actions regarding the rejection of a visa application or the revocation of a visa are duly notified to the concerned foreigner. This notification must provide information on the grounds for the decision and the available appeal remedies.

5. What Can Be Done Against a Visa Rejection?

When your Turkish visa application is rejected or your existing visa is revoked, you have the right to resort to legal remedies against this decision:

  • Administrative Appeal: In some cases, it may be possible to file an administrative appeal with the consulate that issued the decision or with other relevant Turkish authorities. However, this a_venue_ may not always yield a definitive result.
  • Annulment Lawsuit: As visa rejection or revocation decisions are administrative acts, an annulment lawsuit can be filed against these decisions in the competent administrative courts in Turkey. The time limit for filing a lawsuit is generally 60 days from the notification of the decision (Administrative Procedure Law).
  • New Application: Reapplying for a visa after rectifying the reasons for rejection or with a stronger application file is also an option.

Conclusion and Legal Assistance:

Visa rejection can be a frustrating situation for foreigners, causing disappointment and delaying travel plans. Understanding the reasons for the rejection and knowing your legal rights is crucial in determining your next steps. Seeking assistance from an experienced lawyer specializing in foreigners' law for the appeal process or filing an annulment lawsuit will help you manage your legal recourse more effectively.

As SKF VISION LAW, we offer comprehensive legal consultancy and representation services to our clients in all areas of foreigners' law, including administrative appeals and annulment lawsuits against Turkish visa rejection and revocation decisions. If you have encountered issues with your visa application, contact us for professional support.

DISCLAIMER: This article has been prepared for general informational purposes based on the legal provisions in effect at the time of its writing. Foreigners law (or: Immigration Law) is a frequently updated and complex field. Due to potential changes in legislation, it is possible that the information in this article may become outdated. Therefore, before taking any legal action or making any decision, it is of vital importance that you obtain current and personalized consultation from a lawyer specializing in foreigners law (or: immigration law). This article does not constitute legal advice.

 

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