Refusal and appeal in family residence permit cases
A refusal is notified in writing with a ground. That ground determines the remedy: documentary and threshold failures are usually best cured and re-filed or corrected administratively, while findings about the genuineness of the marriage, or a restriction code entered against the foreign spouse, generally require an annulment action before the administrative court. The window is 60 days from notification and it is strictly applied.
Start with the notification
Refusal letters are short and they matter. The ground stated is what any subsequent challenge is about, and it is common for applicants to prepare an answer to the wrong thing — assembling wedding photographs against a refusal that was actually about the sponsor's income, or producing payslips against a finding about the marriage. Read it, identify which limb failed, and only then choose a route.
The grounds, and what each one means
| Ground | What it really means | Usual route |
|---|---|---|
| Incomplete or non-compliant file | A document was missing, unnotarised, untranslated or expired | Cure and re-apply; fastest route |
| Sponsor income below threshold | The household calculation failed once dependants were counted | Re-file with a second documented income source — see the sponsor conditions |
| Insurance or housing non-compliant | Travel policy, short policy, or an unnotarised lease | Cure and re-apply |
| Marriage not accepted as genuine | An adverse conclusion from the address check, the neighbourhood enquiry or the interview | Administrative court; evidence-led — see the genuineness assessment |
| Restriction code (tahdit kodu) | An entry on the record from an overstay, a deportation decision or a security assessment | Address the code itself; the permit follows |
| Public order / security | An adverse archive finding | Court; frequently requires disclosure applications |
Two routes
The administrative route asks the administration to look again. It is quicker, costs less, and is the right answer where the defect is documentary and curable — the file was thin and can be made complete. It is close to useless where the administration has formed a view about the marriage, because you are asking the same office to reverse its own assessment on the same material.
The annulment action before the administrative court is an independent judicial review of the decision. It is the realistic route where the refusal rests on a finding of fact you dispute, because it is the only forum that will engage with new evidence. It must be filed within 60 days of notification. The firm's note on refusals under Article 32 covers the adjacent short-term permit situation, where the same machinery applies.
Cancellation of a permit already granted
A family residence permit can be cancelled during its term if the marriage ends, if the couple stop living together, if the sponsor's conditions cease to be met, or if a restriction code is entered. Cancellation is notified in the same way and is challengeable on the same timetable. Where a marriage is breaking down, the cancellation risk should be managed at the same time as the divorce rather than discovered afterwards — a spouse who has held the permit for three years may be entitled to a short-term permit instead, which is examined in the family residence permit guide.
What to do in the first week
- Diarise the 60 days from the day after notification. Everything else is subordinate to this date.
- Check your status. A refusal can leave you without lawful presence. Establish whether you are within a permitted period before deciding anything else.
- Get the ground in writing if the notification is vague, and request the file where it is available.
- Decide route by ground, not by preference. Curable defect → cure. Contested finding → court.
- Do not simply leave and re-enter hoping to start again. Departures after a refusal can crystallise a ban and add a code, which is far harder to unwind than the original refusal.
Frequently asked questions
How long do I have to challenge a refusal?
Sixty days from the day after notification. The limit is strictly applied and missing it substantially narrows what can be done.
Should I re-apply or go to court?
Re-apply where the defect is documentary and curable. Go to court where the administration has made a finding about your marriage or entered a restriction code, because those will not be reversed on the same material by the same office.
What is a tahdit kodu?
A restriction code entered against a foreign national's record — commonly arising from an overstay, a deportation decision or a security assessment. It blocks permits independently of the merits of the application, so it has to be addressed directly.
Can my permit be cancelled after it is granted?
Yes — if the marriage ends, if the couple cease living together, or if the sponsor conditions fall away. Cancellation is notified and challengeable on the same 60-day timetable.
Related reading
- The sponsor's income, insurance and accommodation conditionsWhat the Turkish spouse has to prove under Article 35, how the household threshold is calculated, and the evidence that satisfies each limb.
- How Türkiye tests whether a marriage is genuineThe address checks, neighbourhood enquiries and separate interviews behind every marriage-based file — and what a finding of muvazaa costs.
- The family residence permit for the spouse of a Turkish citizenUp to three years at a time, the sponsor conditions in Law No. 6458, what happens on divorce, and why this permit counts at full rate toward citizenship.
Sources & legal references
- Law No. 6458 on Foreigners and International Protection, arts. 33, 34, 36 — refusal, cancellation and non-renewal of residence permits
- Administrative Procedure Law No. 2577, art. 7 — 60-day period for annulment actions
- Law No. 6458, art. 9 — restriction codes and entry bans