A client who previously had a work permit in Turkey contacted our law firm. Having decided not to renew this permit, she quit her job and wanted to switch to a regular tourist residence permit.
Actions on the case:
1. We prepared a complete package of documents in accordance with current legislation and submitted it to the Migration Service on the scheduled appointment day.
2. However, the Migration Service refused to issue a tourist residence permit, citing an internal order according to which, after the expiration of the work permit, it is impossible to obtain a tourist residence permit for one year.
Legal protection:
Realizing the groundlessness of this refusal, we decided to file a claim with the administrative court in order to challenge the actions of the Migration Service.
At the first stage of the trial, we successfully obtained a temporary permit for the client to stay in Turkey while the case was being considered. Subsequently, we successfully challenged the refusal, presenting arguments that there are no rules in Turkish legislation prohibiting the receipt of a tourist residence permit after the expiration of a work permit, provided that all requirements for legal stay in the country are met.
Court decision:
The court ruled in favor of our client, obliging the Migration Service to provide her with a tourist residence permit. The court also noted that the actions of the service were contrary to current legislation, since all documents were prepared and submitted in full compliance with the law, and the terms of the client’s legal stay were not violated.
Result:
The client successfully received a tourist residence permit, and part of the legal service costs were reimbursed by the state.
Output:
This case shows that the decisions of the Migration Service may not always comply with the law. If your rights have been violated, it is important not to hesitate to defend them and seek assistance from licensed lawyers.
