Obtaining a Residence Permit
Residence permits in Turkey can be obtained for various reasons. Any foreigner wishing to reside legally in Turkey is required to obtain a residence permit after the expiration of their visa or residence period. Continued stay in the country without a residence permit will result in the person becoming an illegal resident. In case of illegal residence, a deportation order (removal order) may be issued against the foreigner, a visa violation penalty may be imposed, and a country entry ban may be applied in the following process. If it is determined that the foreigner continues to reside in the country without a residence permit, irreversible consequences will arise. Therefore, this article will provide answers to questions such as how to obtain a residence permit, what documents are required, and what should be considered.
What is a Residence Permit?
A residence permit is the legal permission required for foreigners to reside legally in Turkey. Foreign nationals who wish to stay in Turkey for longer than their visa period must apply for a residence permit within the visa period. The requirement for a residence permit stems from the need to maintain public order and prevent any negative and undesirable situations that may arise in the country for any reason. Once a residence permit is obtained, the foreigner will be able to reside legally in the country for the duration granted and benefit from various rights. However, if the residence permit is canceled for any reason during this period, the foreigner has the right to file a lawsuit against the cancellation.
Types of Residence Permits
As mentioned earlier, residence permits can be obtained for many different reasons. However, there are 6 different types of residence permits, regardless of the reasons. These are: Short-term residence permit, family residence permit, student residence permit, long-term residence permit, humanitarian residence permit, and victim of human trafficking residence permit.
Short-Term Residence Permit
Short-term residence permits are regulated in Articles 31 and following of the Law on Foreigners and International Protection. As the name suggests, a short-term residence permit is granted for a specific period that covers a short period. Short-term residence permits are granted for periods of up to two years, except in exceptional cases. The persons who can obtain a short-term residence permit are listed in the relevant article of the law, and accordingly include:
Those who will come for scientific research purposes:
For foreign nationals who wish to conduct scientific research in Turkey to apply for a short-term residence permit, a permit document obtained from the relevant institution or organization (e.g., Ministry of Culture and Tourism, Ministry of Energy, universities, etc.) depending on whether the research is subject to permission. For research not subject to permission, a detailed statement on the research topic must be submitted. In addition, foreigners must obtain a 'Scientific Research' visa from Turkish diplomatic missions abroad to enter Turkey for this purpose.
Those who own real estate in Turkey:
For foreign nationals who own real estate in Turkey and their family members to apply for a short-term residence permit, the real estate they own must be a property used for residential purposes. In this case, family members with shared or joint ownership rights to the property, including spouses, minor children and dependent adult children, can apply for a residence permit. This process is designed to make it easier for foreign nationals and their families to live in Turkey, so owning property in Turkey can be a valid basis for foreigners to reside in the country.
Those who will establish commercial connections or businesses:
In the event that foreign nationals request a residence permit for a period exceeding three months for the purpose of establishing commercial connections or establishing a business in Turkey, an invitation letter or similar documents obtained from the relevant person or company may be requested. These documents are required to show that foreigners have real and concrete connections for their commercial activities in Turkey and form an important part of the application process. This condition is imposed to help foreigners who intend to establish a business or develop commercial relations in Turkey to prove the seriousness and legality of their planned activities.
Those who will participate in in-service training programs:
Residence permits granted for in-service training purposes in Turkey are based on information and documents provided by the institution or organization that will provide the training, including important details such as the content, duration, and location of the training. These permits are valid for the full duration of the relevant training program, and the purpose of the training, its scope, and the reasons why the foreigner is participating in the training are considered during the application process. This process is designed to ensure that foreign nationals can benefit from educational opportunities that will contribute to their professional and personal development, so that participation in training programs in Turkey can be carried out in a more systematic and orderly manner.
Those who will come for education or similar purposes within the scope of agreements that the Republic of Turkey is a party to or student exchange programs:
Foreign nationals who will come to Turkey for education or similar purposes within the framework of agreements or student exchange programs (e.g., Erasmus, Mevlana, Farabi, etc.) to which they are a party must submit the special information and documents they will receive from the relevant institution when applying for a residence permit. The duration of the residence permit is limited to the duration of the education or program they will participate in, that is, it cannot exceed the duration of the program. Health insurance conditions are as follows: Students who enroll in the program do not have to apply for additional health insurance if they apply for general health insurance within three months of their first registration date. However, students who do not apply for general health insurance within this three-month period and are deprived of this right are expected to take out private health insurance that will be valid for the duration of their stay in Turkey.
Those who will stay in Turkey for tourism purposes:
During the residence permit application, they must submit a statement containing detailed information about their travel plans in Turkey. This statement should include important information such as where, when, and for how long they will stay in Turkey. Additional information or documents may also be requested during the application process to better understand the applicant's purpose of stay and plans in Turkey.
Those who will receive treatment in Turkey for diseases that do not pose a threat to public health:
Foreign nationals seeking medical treatment in Turkey must be accepted by both public and private hospitals to apply for a residence permit. If they can document they can cover all treatment costs, health insurance is not required. Residence permits are issued based on treatment duration, making the process easier for foreign patients. Additionally, relevant public institutions cover accommodation, food, and other health-related expenses during treatment. In such cases, proof of financial means and valid health insurance are not required. Information or documents regarding the foreigner's treatment may be requested if necessary. Residence permit procedures for attendants of foreign nationals coming to Turkey for treatment follow general provisions within the framework of existing Health Cooperation agreements. This applies even if the agreement lacks a separate provision for attendants. According to Article 14 of the Annex to Law No. 3359 on Basic Health Services, valid health insurance is not required for residence permit applications of up to two attendants accompanying foreign nationals to Turkey.
Those who must stay in Turkey at the request or decision of judicial or administrative authorities.
The arrangement of residence permits in Turkey can be based on the requests or decisions of judicial or administrative authorities. In this case, the residence permit period is adjusted according to the period specified in the request or decision. When evaluating such a residence permit request, the condition of having valid health insurance and sufficient financial means may not generally be sought. Residence permits based on the requests or decisions of judicial or administrative authorities are one of the situations that foreigners in Turkey may encounter when they encounter judicial or administrative processes.
Those who will switch from family residence permit to short-term residence permit:
Obtaining a residence permit in Turkey is subject to various conditions. One of these conditions is the possession of a family residence permit. A family residence permit is a type of permit that allows a foreigner to live in Turkey with his/her family. This type of permit is quite important for foreign nationals who want to live with their family members living in Turkey. Foreigners who have lived in Turkey with a family residence permit for at least three years and have reached the age of eighteen can apply for a short-term residence permit if they meet these conditions. The foreigner's residence in Turkey can be converted into a short-term residence permit by meeting the above conditions.
In addition, foreigners who were married to a Turkish citizen, lived with a family residence permit for three years, and then divorced can also apply for a short-term residence permit. In this case, if the divorce and the above conditions are met, the possibility of applying for a short-term residence permit will arise. It should also be emphasized that for victims of domestic violence who can prove their situation with a court decision, the three-year period requirement is not sought. In other words, if it is proven with a court decision that they are a victim of domestic violence without the three-year condition, they can apply for a short-term residence permit. Finally, dependents of someone with a family residence permit who has died can also apply for a short-term residence permit without a time limit.
Foreigners Who Will Attend Turkish Language Courses:
Foreigners who want to learn Turkish in Turkey can apply for a short-term residence permit for this purpose. The applicant must be registered in an educational institution authorized by the Ministry of National Education. This type of residence permit can be granted a maximum of twice. If the course duration is less than one year, the residence permit period will not exceed the course duration. During the training process, the institution that provides the course is obliged to notify the relevant provincial directorate of the start and continuation of the course of the foreign national who has registered to learn Turkish.
Those who will participate in education, research, internship and courses to be held in Turkey through public institutions:
The duration of residence permits for foreigners who want to participate in education, research, internship or courses in Turkey through public institutions generally does not exceed one year. Accommodation, food or health expenses of foreign nationals are generally covered by the relevant public institutions. In this case, the financial status of the foreign national or whether he/she has valid health insurance is not investigated. During the application for this type of residence permit, the relevant institutions may request additional information or documents.
Those who have completed their higher education in Turkey and will apply within six months of their graduation date:
Foreign nationals who have successfully completed higher education programs in Turkey can apply for a residence permit to stay in Turkey after graduation. They have a period of six months from the date of graduation to make this application. An important point to consider in the application process is that this type of residence permit is only given once and can be granted for a maximum of one year. Therefore, the six-month period is important for foreign nationals who plan to stay in Turkey after graduation. If the period expires, the application will not be possible.
Those who will not work in Turkey but will make an investment determined by the President in terms of scope and amount, as well as their foreign spouse and minor or dependent foreign children:
Residence permits under this scope can be issued to foreigners for periods of up to five years. The aim of this regulation is to encourage qualified foreigners who will contribute to the country's economy and to facilitate residence permit procedures for foreigners.
Citizens of the Turkish Republic of Northern Cyprus:
Citizens of the Turkish Republic of Northern Cyprus (TRNC) can apply for a short-term residence permit. This permit grants the right to live in another country for a temporary period. The use of this right allows individuals to live in another country for a certain period of time. Foreign nationals who are considering applying for a residence permit can be granted a residence permit for periods of up to five years. This allows the applicant to legally reside in the country for a certain period of time.
Family Residence Permit
Articles 34 to 37 of the Law on Foreigners and International Protection No. 6458 regulate the legislation on family residence permits in detail. These articles determine the conditions required for foreigners to obtain a family residence permit in Turkey and the process of granting the permit. In addition, Articles 30 to 34 of the Regulation on the Implementation of the Law on Foreigners and International Protection also contain provisions regarding family residence permits. These articles regulate in detail the application process required for foreigners to obtain a family residence permit and the conditions for granting the permit.
A family residence permit can be issued to;
Turkish citizens,
Persons who have lost their Turkish citizenship by obtaining an exit permit within the scope of Article 28 of the Law No. 5901, or foreigners with one of the residence permits, as well as refugees and secondary protection status holders;
Their foreign spouse,
Their minor foreign child,
Their spouse's minor foreign child,
Their dependent foreign child,
Their spouse's dependent foreign child.
The duration of a family residence permit cannot exceed the residence period of the sponsor, but can be granted for a maximum of three years.
A family residence permit is an important document that allows foreign nationals living in Turkey to live with their families. If the foreign national applying for this document has more than one spouse, a family residence permit can be issued for only one spouse. However, a family residence permit can be granted for all children of the foreign national.
However, one of the important points to consider when applying for a family residence permit for children is that if one of the child's parents lives outside Turkey and the child has joint custody, the consent of this parent is required. In other words, when the parent in Turkey applies for a family residence permit for the child, the other parent of the child must also approve it. This condition is not sought if there is no joint custody. However, custody must be with the parent in Turkey.
Children with family residence permits can benefit from education at primary and secondary education institutions up to the age of eighteen without obtaining a student residence permit.
Foreigners who wish to obtain a family residence permit to reside in Turkey must meet certain conditions. These conditions include that the sponsor has valid health insurance covering family members, that their monthly income is not less than one third of the minimum wage, that they have not committed any crimes against the family order in the last five years, and that they have resided in Turkey for at least one year. It is also required that the sponsor be registered with the address registration system.
Foreigners who will apply for a family residence permit must submit supporting information and documents regarding their purpose of stay in Turkey. These documents must show that they live or intend to live with the specified persons.
In addition, it is an important condition that the spouses are over the age of eighteen and are not among the foreigners who are not allowed to enter Turkey under Article 7 of the said Law. In other words, the marriage should not have been made for the purpose of obtaining a family residence permit.
In cases where the conditions required for a family residence permit are not met or cease to exist, the residence permit is found to be used contrary to its purpose of granting, the foreigner is subject to a deportation decision or an entry ban decision, a family residence permit is not granted or canceled if it has been granted and will not be extended if the residence permit has expired.
Student Residence Permit
The residence permit granted to foreign students who aim to study in Turkey is called student residence permit. Articles 38 to 41 of the Law on Foreigners and International Protection No. 6458 and Articles 35 to 39 of the Regulation on the Implementation of this Law contain the regulations regarding student residence permits. These articles determine the path to be followed and the points to be considered for those who want to obtain a student residence permit.
A student residence permit is granted to foreign students who do not have a family residence permit and who plan to study at primary or secondary level in Turkey. Foreigners who have a family residence permit and are at primary and secondary school can continue their education without obtaining a residence permit until the age of 18. However, students who have reached the age of 18 but are still receiving secondary education are required to obtain a residence permit.
In addition, student residence permits can also be issued to foreign students who plan to study at the associate degree, undergraduate, graduate, doctorate, Specialization in Medicine (TUS), Specialization in Dentistry (DUS) levels in a higher education institution in Turkey. A student residence permit gives foreign students who want to study at higher education institutions in Turkey the right to legally reside in Turkey for the duration necessary to complete their education.
A student residence permit gives students who are in Turkey for educational purposes the right to support their spouse and children in their family residence permit applications. However, this right is only valid for spouse and children. Other relatives, such as the student's parents, siblings or other close relatives, cannot obtain a residence permit in Turkey through a student residence permit. A student residence permit does not provide any rights in this regard.
The duration of a student's residence permit in Turkey is primarily determined by their education period. If the study duration in Turkey is less than one year, the student's residence permit will be issued for a period not exceeding the specified education period.
Foreign students whose maintenance and expenses are covered by a legal entity or individual can obtain a student residence permit for one year at a time throughout their primary and secondary education, with the consent of their parents or legal representatives. These permits can be extended.
To obtain a student residence permit, foreigners must meet the conditions specified in Article 39 of the Law. These include:
Documents and information about the educational institution they will attend
Consent document if consent is required (notarized translation if issued in a foreign language)
Documents and information if they will arrive through public institutions and organizations
No entry ban
Address information where they will stay in Turkey
Health insurance is an essential part of life for foreign students studying in Turkey. To retain their general health insurance rights, foreign students must apply to become general health insurance holders within three months of their first registration date, as per the Social Security and General Health Insurance Law. This provides students with a significant advantage in meeting all their healthcare needs while studying in Turkey. However, foreign students who fail to apply for general health insurance within this three-month period and are deprived of this right are required to obtain private health insurance valid for the duration of their education in Turkey.
Higher education students may sometimes need to transfer to a different university, faculty, or department. Students changing institutions within the same city can usually keep their current residence permit, provided they haven't interrupted their studies and notified the authorities on time. Additionally, if the existing permit's validity is shorter than the new study duration, it will be extended. For students moving to a different city, obtaining a new residence permit valid for their new studies is necessary. This involves applying to the governor's office of the new city, which will cancel the existing permit and issue a new one for the new study duration. Finally, full-time undergraduate, graduate, and doctoral students may be eligible for work permits under specific conditions. Undergraduate students can apply after their first year for work permits in specific fields, while graduate and doctoral students face no such restrictions.
To obtain a work permit, students must apply to the Ministry of Labor and Social Security along with a job offer from their intended workplace. Upon approval, they receive a work permit valid for a specific period, which is combined with a residence permit valid for the duration of their studies in Turkey. However, if the student fails to meet the residence permit requirements, cannot continue their education, or uses the permit for unauthorized purposes, their application will be rejected. Similarly, any legal sanctions against the student, such as deportation or entry bans, will also result in the cancellation of their residence permit. These rules apply to both current and prospective student residents. If a student's residence permit expires and an extension is requested, it will not be granted due to these reasons.
Long-Term Residence Permit
The long-term residence permit is regulated under Articles 42 to 45 of the Law No. 6458 on Foreigners and International Protection. Additionally, details regarding the long-term residence permit are specified in Articles 40 to 43 of the Regulation on the Implementation of the Law on Foreigners and International Protection.
Excluding refugees, conditional refugees, secondary protection status holders, humanitarian residence permit holders, and those provided temporary protection, foreigners who have resided in Turkey legally and continuously for eight years, or meet the conditions set by the Ministry, are eligible for an indefinite residence permit. Besides the eight-year residency requirement, other conditions include not having received social assistance in the last three years, being able to demonstrate financial stability, having health insurance, and not posing a threat to public order or security.
If a foreigner poses a serious threat to public order or security, or stays outside Turkey for more than one continuous year for reasons other than health, education, and compulsory public service in their home country, their long-term residence permit will be canceled.
Applications for reinstatement of canceled long-term residence permits can be made. These applications should be submitted personally to the governorate of the province where the foreigner resides within Turkey, or at consulates abroad, according to the application procedure determined by the Directorate General of Migration Management.
For applications reinstating a long-term residence permit, the requirement of having resided in Turkey continuously for eight years is not sought again. The long-term residence permit can be canceled if the holder has been outside Turkey for more than one continuous year, excluding reasons of health, education, and compulsory public service or duty in their country. Therefore, foreigners whose residence permits have been canceled can reapply for a residence permit.
Humanitarian Residence Permit
The humanitarian residence permit is governed by Articles 46 and 47 of the Law No. 6458 on Foreigners and International Protection. Further details on the humanitarian residence permit are also outlined in Article 44 of the Regulation on the Implementation of the Law on Foreigners and International Protection. These permits can be issued by the governorates with the approval of the Directorate General of Migration Management for durations determined by the Ministry, and their validity can be extended.
A humanitarian residence permit is a type of permission that enables foreigners in Turkey to legally reside under specific circumstances. The following cases are instances where a foreigner might be eligible for a humanitarian residence permit:
- A humanitarian residence permit can be arranged when the best interest of the child is involved.
- It can be issued in situations where it is not reasonable or possible for foreigners to leave Turkey, or where their departure is unenforceable, even if there are decisions for deportation or a ban on entry to Turkey. This usually pertains to situations where there is a serious threat to the life or freedom of the foreigner.
- Under Article 55, a humanitarian residence permit can be issued in cases where a deportation order cannot be made against a foreigner. This typically applies in circumstances where there is a serious indication that the foreigner would face the death penalty, torture, inhuman or degrading treatment or punishment if deported to another country, if the foreigner has serious health issues making travel risky due to age or pregnancy, if the foreigner is undergoing treatment for a life-threatening illness and the treatment is not available in the country of deportation, if the foreigner is a victim of human trafficking benefiting from victim support processes until treatments are completed, or if the foreigner is a victim of psychological, physical, or sexual violence.
- Foreigners can obtain a humanitarian residence permit if they have appealed against the actions taken under Articles 53, 72, and 77 of the Law.
- A humanitarian residence permit can be issued for the duration of the proceedings to deport the applicant back to the first country of asylum or a safe third country.
- In emergencies or situations where it is necessary to protect the interests of the country, public order, and public security, a humanitarian residence permit can be granted to foreigners who need permission to enter and stay in Turkey.
- Humanitarian residence permits can be arranged in extraordinary circumstances.
These conditions determine when and to whom a humanitarian residence permit can be issued. For foreigners in Turkey, this permit provides crucial protection and support under specific circumstances.
Victim of Human Trafficking Residence Permit
The Residence Permit for Victims of Human Trafficking is regulated under Articles 48 and 49 of the Law on Foreigners and International Protection No. 6458. Additionally, other details related to the residence permit for victims of human trafficking are outlined in Articles 45 and 46 of the Regulation on the Implementation of the Law on Foreigners and International Protection.
The Residence Permit for Victims of Human Trafficking is a special type of residence permit granted to foreigners who are victims of human trafficking or for whom there is a strong suspicion that they might be victims. This permit allows individuals in such situations to legally stay in the country and provides them protection and support for a specified period. The residence permit for victims of human trafficking is initially issued for thirty days. These permits can be extended for up to six months at a time, but the total duration cannot exceed three years.
If it is determined that the foreigner has re-established contact with the perpetrators of the crime in any way, on their own initiative, or if the conditions and measures imposed are not complied with, or if it becomes clear that the foreigner is not a victim of human trafficking, then the residence permit issued on the grounds of being a victim of human trafficking will be cancelled.
Residence Permit Application Process
During the residence permit application process, it is first necessary to decide which type of residence permit to apply for and to check if all the required conditions for the relevant permit are met. If the conditions are satisfied, the necessary documents should be prepared and submitted to the relevant authority. While it is possible to apply in person, the application requirements and timing can vary significantly between different types of permits, making legal support crucial. If any documents are missing in the initial application, the applicant will be given a period to complete these documents.
Required Documents for Residence Permits
Short-Term Residence Permit
Residence Permit Application Form
Passport
Biometric Photos (4 copies)
Health Insurance
Criminal Record Certificate
Financial Status Documents
Additional Documents (as required by the authority)
Family Residence Permit
Residence Permit Application Form
Passport
Biometric Photos (4 copies)
Health Insurance (must cover all family members)
Criminal Record Certificate
Marriage Certificate
Spouse’s National ID card original and photocopy
Address Information
Financial Status Documents
Additional Documents (as required by the authority)
Student Residence Permit
Residence Permit Application Form
Passport
Biometric Photos (4 copies)
Proof of Enrollment (Student Certificate)
Health Insurance
Criminal Record Certificate
Financial Status Documents
Additional Documents (as required by the authority)
Long-Term Residence Permit
Residence Permit Application Form
Passport
Passport Notarization Letter
Biometric Photos (4 copies)
Health Insurance
Criminal Record Certificate
Financial Status Documents
Address Information
Proof of not receiving social aid within the last 3 years
Social Security Service Breakdown (SGK Service Document)
Additional Documents (as required by the authority)
Humanitarian Residence Permit
Residence Permit Application Form
Passport
Biometric Photos (4 copies)
Health Insurance
Criminal Record Certificate
Financial Status Documents
Receipt for Residence Permit Fee and Card Fee
Additional Documents (as required by the authority)
It is important for applicants to ensure that all documentation is complete and accurately prepared to avoid delays or rejections of their residence permit applications. Legal advice and assistance can be very beneficial throughout this process to handle any complexities that may arise.
Application Fees
For residence permit applications in 2024, the following fees and duties will be applicable:
Residence Permit Duty: 5,478.00 TL (Some countries are exempt)
Residence Permit Card Fee: 565.00 TL
Health Insurance Fee: Ranges from 1,702.40 TL to 5,760.00 TL
Notary and Translation Fee: Between 1,000.00 TL and 2,500.00 TL
If followed by an attorney: Attorney's Fee
Rejection of Residence Permit Application
A residence permit application can be rejected for various reasons. Common reasons for rejection include not meeting the required conditions; failure to complete necessary documents; applying for the wrong type of residence permit; and not adhering to legal deadlines. Since each type of residence permit is subject to different conditions and requirements, specific reasons for rejection can vary. If the rejection of the application is considered incorrect, legal action can be initiated. If the court finds in your favor, you will be entitled to the residence permit. The period to file a lawsuit begins upon notification of the rejection, and you cannot start the lawsuit before this notification is issued.
The Importance of Legal Representation in Residence Permit Applications
The importance of having legal representation during the residence permit application process stems from the complexity of the process and the legal nuances involved. Residence permit applications are subject to specific legal requirements and procedures. Each type of residence permit requires different legal documents and adheres to different regulations. Lawyers can facilitate a more predictable process through their legal knowledge and previous experience.
In cases where an application is rejected, having an attorney with experience in managing legal processes and filing lawsuits is critical for a successful outcome. Additionally, lawyers keep up with legal developments and residence permit policies, ensuring that your application is current and compliant with migration and foreign policies.
Overall, obtaining legal assistance during the residence permit application process is crucial for ensuring a successful and expedient conclusion. Lawyers with legal knowledge and experience simplify the complex process of residence permit applications and manage necessary legal procedures effectively in case of any rejections. With legal support, your residence permit application will be compliant, valid, and aligned with current policies.
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