Pursuant to the LFIP, foreigners who will stay in Turkey for longer than the period granted by a visa or visa exemption or for more than ninety days are required to obtain a residence permit. However, foreigners who will stay in Turkey for less than ninety days may also apply for a residence permit.
Considering the purpose of foreigners’ stay in Turkey, residence permits are regulated under certain names. The types of residence permits include 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 is a type of residence permit that gives foreigners the right to stay in Turkey for a certain period of time. Short-term residence permits are generally issued for a maximum of two years at a time, but may be issued for five years at a time for those who will make an investment, their foreign spouses, their and their spouse’s minor or dependent foreign children and TRNC citizens. Pursuant to the LFIP, residence types are regulated under 6 headings. 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 :
Article 31 of the Law on International Protection of Foreigners lists the grounds for a short-term residence permit:
a) Those who will come for scientific research
b) Those who have immovable property in Turkey
c) Those who will establish commercial contacts or business
ç) Participants in in-service training programmes
d) Those who will come for education or similar purposes within the framework of agreements to which the Republic of Turkey is a party or student exchange programmes
e) Accommodation for tourism purposes
f) They will receive treatment provided that they do not have one of the diseases considered as a threat to public health
g) Those who are required to stay in Turkey upon the request or decision of judicial or administrative authorities
ğ) Those who change from family residence permit to short-term residence permit
h) Those who will attend Turkish language learning courses (Residence permits issued within the scope of those who will attend Turkish language learning courses can be issued at most twice).
ı) Participate in training, research, internships and courses in Turkey through public institutions
i) Those who have completed their higher education in Turkey and who apply within six months from the date of graduation (may be granted for a maximum period of one year for one time only).
j) Those who do not work in Turkey but will make investments in the scope and amount to be determined by the President of the Republic, and their foreign spouses, their and their spouses’ minor or dependent foreign children.
In cases where one or more of the conditions for the issuance of a residence permit are not fulfilled, the residence permit is used for purposes other than the purpose for which it was issued, there is a valid deportation or entry ban decision against the foreigner; short-term residence permits are not issued, and if there is a residence permit issued, it is cancelled.
FAMILY RESIDENCE PERMIT
The LFIP allows the sponsor’s spouse, minor or dependent children or spouse’s minor or dependent children to obtain a family residence permit. In addition, in order to apply for family residence, the foreigner should not be within the scope of foreigners who will not be allowed to enter Turkey.
In case of marriage with more than one spouse according to the law of the country of nationality, only one of the spouses is granted a family residence permit. However, children of the other spouse may also be granted a family residence permit. In the family residence permit of children, the consent of the mother or father who has joint custody outside Turkey, if any, is sought. Family residence permits provide the right to education in primary and secondary education institutions without obtaining a student residence permit until the age of eighteen. In case of divorce, a short-term residence permit may be granted, provided that the foreigner is married to a Turkish citizen and has stayed with a family residence permit for at least three years. However, if it is established by a court decision that the foreign spouse is a victim of domestic violence, the three-year period is not required.
For a family residence permit, the sponsor must fulfil the following conditions
a) Having a monthly income not less than one third of the minimum wage per family member, with a total income not less than the minimum wage
b) According to the population of the family, to have housing conditions in accordance with general health and safety standards and to have health insurance covering all family members
c) As of the date of application, certifying with a criminal record that he/she has not been convicted of any of the offences against the family order within five years
ç) staying in Turkey with a residence permit for at least one year
d) Being registered in the address registration system
The condition of residing in Turkey with a residence permit for at least one year is not required for those who hold a residence permit or work permit for scientific research purposes, persons who have lost their Turkish citizenship by obtaining an exit permit or foreigners who are married to Turkish citizens. The duration of the family residence permit is limited to a maximum of three years each time. However, the duration of the family residence permit may not exceed the duration of the residence permit in Turkey of the sponsor who undertakes the expenses of the family members who will reside in Turkey for the purpose of family unity and which constitutes the basis for the family residence permit.
STUDENT RESIDENCE PERMIT
Foreigners who will receive associate degree, bachelor’s degree, master’s degree or doctorate education in a higher education institution in Turkey and foreigners who will receive primary and secondary education whose care and expenses are undertaken by a real or legal person may receive education by obtaining a student residence permit. Children with family residence permits have the right to study in primary and secondary education institutions without obtaining a student residence permit until the age of eighteen. However, foreigners who are over the age of eighteen and whose legal representative is not obliged to take care of them must obtain a student residence permit if they are to continue their education in Turkey. Foreigners who are dependent on their legal representative continue to have family residence permits and continue to benefit from the rights provided by the student residence permit.
International protection applicants or international protection status holders who are entitled to study for associate, bachelor’s, master’s or doctorate degrees in Turkey within the framework of the general provisions on foreign students can study with their documents showing their status without the need for a student residence permit.
LONG-TERM RESIDENCE PERMIT
Foreigners who have stayed in Turkey with a residence permit for at least eight years without interruption or who meet the conditions set by the Migration Policies Board are granted indefinite residence permits by governorships with the approval of the Ministry of Interior. Foreigners who have stayed in Turkey with a residence permit for at least eight years without interruption may apply to governorships within Turkey. Long-term residence permits are issued indefinitely, without any time limit.
Conditions for a long-term residence permit,
- to have stayed in Turkey with a residence permit for at least eight years without interruption,
- not having received social assistance in the last three years,
- to have sufficient and regular sources of income to provide for himself/herself and his/her family, if any,
- have valid health insurance,
- not to pose a threat to public order or public security.
Foreigners with long-term residence permits benefit from the rights granted to Turkish citizens, provided that they are subject to the provisions of the relevant legislation in the exercise of these rights, without prejudice to the obligation to perform military service, to elect and be elected, to enter public office, to import vehicles with exemption, and their acquired rights regarding social security, except for the regulations in special laws. Accordingly, the procedures of long-term residence permit holders regarding residence, travel, work, investment, commercial activity, inheritance, acquisition and transfer of movable and immovable property in Turkey are carried out by the relevant institutions and organisations in accordance with the legislation applicable to Turkish citizens.
HUMANITARIAN RESIDENCE PERMIT
It is an extraordinary type of residence that can be applied for when the foreigner’s stay in Turkey is compulsory for humanitarian reasons, when he/she is not entitled to one of the other residence permits and when he/she has to leave his/her country of citizenship.
It is given in the cases listed below in the law:
a) When the best interests of the child are at stake
b) When foreigners cannot be removed from Turkey or when it is not deemed reasonable or possible for them to leave Turkey despite a deportation order or a ban on their entry into Turkey
c) When a deportation decision cannot be taken against the foreigner in accordance with the cases specified in the Law
ç) When a judicial remedy is applied against the deportation decision, inadmissible application decision and administrative acts in cases where the application is deemed withdrawn
d) during the continuation of the procedures for the return of the applicant to the first country of asylum or to a safe third country
e) Foreigners who need to be allowed to enter and stay in Turkey for urgent reasons or for the protection of national interests, public order and public security, when it is not possible to obtain one of the other residence permits due to their circumstances that constitute an obstacle to the issuance of a residence permit
f) It is stated as extraordinary circumstances.
In addition, foreigners who receive a humanitarian residence permit are obliged to register in the address registration system within twenty working days at the latest from the date of the permit.
RESIDENCE PERMIT FOR VICTIMS OF HUMAN TRAFFICKING
The residence permit for victims of trafficking in human beings is a type of residence permit issued by the governorates for thirty days to foreigners who are or may be victims of trafficking in human beings, in order for them to recover from the effects of their experiences and to decide whether to cooperate with the authorities.
In this type of residence; the conditions required for the issuance of other residence permits are not required. The condition that a foreigner is a victim of trafficking in human beings or that there is a strong suspicion that he/she may be a victim of trafficking in human beings is sufficient for the issuance of a residence permit for victims of trafficking in human beings. This residence permit, which is issued on an extraordinary basis, may be extended for a maximum period of six months due to the safety, health or special circumstances of the victim. However, it is also stipulated that the total duration cannot exceed three years.
FREQUENTLY ASKED QUESTIONS:
- RESIDENCE PERMIT HOW LONG IS THE APPLICATION EVALUATION PERIOD?
The evaluation period of your application is 90 days from the delivery of all documents to the administration.
- HOW MUCH TIME IS GIVEN FOR MISSING DOCUMENTS?
Up to 30 days may be given for the completion of the missing documents. If the missing document is not completed; the application is removed from the process.
- CAN TWO FOREIGN NATIONALS WHO ARE MARRIED GET FAMILY RESIDENCE?
In case two foreigners who are married wish to obtain family residence; it can be issued if the foreigner who has been residing in Turkey for at least one year and has a work permit also meets the other conditions regarding the sponsor.
- HOW LONG SHOULD MY PASSPORT BE VALID?
The foreigner applying for a residence permit must have a valid passport or passport substitute document with a validity of 60 days longer than the requested residence period. Even though an application can be made with an expired passport, it is required to present a passport with a validity of 60 days longer than the duration of residence while being evaluated by the administration.
- WHICH DOCUMENTS CAN BE SUBMITTED AS FINANCIAL INCOME IN RESIDENCE PERMIT APPLICATIONS?
Bank passbook, current certified income certificate showing that there is no lien on it, document indicating the amount kept in the bank for the period of stay, if there is rental income, the title deed of the real estate and the lease agreement not older than two years, registration certificate to the Chamber of Tradesmen and Craftsmen, certificate of activity, tax plate of the company owned or partnered, signature circular, balance sheet and income statement approved by the financial consultancy for the last three years, current year trial balance can be shown.
- WHAT SHOULD I DO AFTER MY APPLICATION FOR A RESIDENCE PERMIT HAS BEEN REJECTED?
The rejection, non-renewal or cancellation of the residence permit request shall be notified to the person concerned by his/her legal representative or lawyer. The relevant person has the right to file an action for cancellation against the decision. In addition, with the notification of this decision, it is also notified that he/she must leave Turkey within 10 days if he/she does not have a visa or visa exemption. If within 10 days the foreigner does not leave Turkey, a deportation decision is issued. An administrative fine may also be imposed. If there is a visa or visa exemption in Turkey, a new application can be made with a different type of residence. In addition, it is necessary to apply with a different type of residence in the application made within six months from the rejection of the application.
- WHEN DOES MY RESIDENCE PERIOD START AFTER I APPLY FOR A RESIDENCE PERMIT?
After the residence permit is approved, your residence period starts from the date of application.
- CAN I APPLY FOR A RESIDENCE PERMIT IN TURKEY WHILE I AM ABROAD?
The foreigner will not be able to apply for a residence permit without entering Turkey, except for the residence permit application to be made due to an investment of over $400,000 in Turkey.
- I TRAVELLED ABROAD WHILE I HAD A RESIDENCE PERMIT, CAN I APPLY FOR AN EXTENSION ABROAD?
Foreigners whose residence permit expires during their stay abroad are required to apply through the electronic system after entering our country according to the visa regime between Turkey and the country they are a citizen of.
- I MADE A CONDITIONAL ENTRY TO TURKEY, I CAN’T GET AN APPOINTMENT WITHIN 10 DAYS FROM THE SYSTEM, WHAT SHOULD I DO?
If there is a deficiency in the information, it is necessary to update the information by going to the Provincial or District Directorate of Migration. If the application is made from closed addresses; It is necessary to make a manual transaction from the Migration Management. If an appointment cannot be made due to the intensity of the system, the applicant should submit a petition to the Migration Management within 10 days that he/she is trying to make an application through the system and continue to try to make an appointment through the system. In the event that no excuse is provided for the applications made after the deadline or manual processing is not performed, the application is cancelled before the decision.
- I GOT A STUDENT RESIDENCE PERMIT BUT I GRADUATED BEFORE THE END OF MY RESIDENCE PERMIT, WILL MY RESIDENCE PERMIT CONTINUE?
Student residence permits of graduating students are cancelled as of their graduation date. Students are required to apply for a new residence permit within 10 days of graduation.
- CAN I APPLY FOR A STUDENT RESIDENCE PERMIT FOR PRIVATE STUDENT, OPEN EDUCATION OR DISTANCE EDUCATION?
Student residence is not granted for private student, open education or distance education. If the conditions are present, it is necessary to apply for other types of residence.
- DO I NEED TO NOTIFY IN CASE OF A CHANGE IN PASSPORT INFORMATION?
The change of passport must be notified to the Migration Authority within 20 working days.
- WHAT HAPPENS IF I DON’T GO TO THE IMMIGRATION OFFICE ON THE APPOINTMENT DAY?
If the applicant does not have a valid excuse and cannot document it, the application will not be processed. As an excuse; a medical report from a hospital, a traffic accident on the day of the appointment, being under administrative detention, detention or arrest are evaluated. If the legal period continues, a new appointment can be made. If the legal period has expired, the visa is processed for visa violation, and if an extension application has been made, the residence permit is cancelled.
- CAN I GET A RESIDENCE PERMIT WITH MY FAMILY ON THE IMMOVABLE PROPERTY?
If the immovable property is a residence and is used for this purpose; spouses who have joint or shared ownership can apply for a residence permit.
- I BOUGHT A PROPERTY WITH A VALUE OF OVER $75,000 IN JOINT OWNERSHIP WITH PERSONS OTHER THAN MY FAMILY MEMBERS, CAN I GET RESIDENCE IN TURKEY BECAUSE OF THOSE WHO OWN PROPERTY?
In the application for a residence permit due to the acquisition of immovable property, the situation of shared or joint acquisition is accepted for spouses. Unmarried persons will not be able to obtain this residence permit.
- MY VISA HAS EXPIRED, CAN I APPLY FOR RESIDENCE?
Applications made within 10 days after the visa expires are taken into consideration.
- DOES THE FOREIGNER COMMIT A VISA VIOLATION WHILE IN DETENTION?
Foreigners who have been detained or convicted in prison with legal proceedings against them are not considered to have violated their visa or residence permit. If the violation was committed before the procedure was established, the procedure is established according to that situation.
- WHAT IS THE PROCEDURE FOR THE RESIDENCE PERMIT OF A FOREIGN BABY BORN IN TURKEY?
Foreign children born in Turkey can stay in Turkey with their birth certificates until a travel document is issued and a residence application is made, depending on the valid residence period of the parents. It is necessary to apply for the type of residence by issuing the child’s passport from the consulate of the country of citizenship. Within 180 days after the birth of the child, the appropriate residence permit must be obtained. In this case, the residence permit is issued starting from the birth of the child.
- WHAT SHOULD I DO IF I TRANSFER TO A DIFFERENT UNIVERSITY OR CHANGE DEPARTMENT AFTER I GET RESIDENCE PERMIT FOR EDUCATIONAL REASONS?
In case of a change of faculty or department at the same university or a change of university in the same province, the existing residence permit remains valid, provided that the student does not interrupt his/her studies and notifies in due time. In this case, the foreigner must notify the Provincial Directorate of Migration Management of the change of department/faculty/school within 20 working days. With the notification, if the residence permit is shorter than the duration of education, it is extended for the duration of education from the date of expiry of the permit. In case of continuing education in a different province, the current residence permit is cancelled by the governorship of the province where the education will continue and a residence permit is issued for the new education period. For this, an application should be made to the provincial directorate of migration administration in the province where the education will be continued.
- WHAT SHOULD FOREIGNERS MARRIED TO T.C. CITIZENS DO IN CASE OF VISA VIOLATION OR RESIDENCE PERMIT VIOLATION?
If a foreign national who is married to a citizen of the Republic of Turkey violates his/her visa for up to 90 days or violates his/her indefinite residence permit, he/she should firstly exit and re-enter Turkey, if possible, and make an application in this way, and if it is not possible to exit, he/she should be directed to the Provincial Immigration Administration of the province where he/she is located.
- IS A CRIMINAL RECORD REQUIRED FOR ALL FAMILY MEMBERS WHEN APPLYING FOR A FAMILY RESIDENCE PERMIT?
In family residence permit applications, the criminal record is requested only for the person who will be the sponsor. However, the Administration always has the right to request additional supporting documents.
- WHERE CAN I GET AN APOSTILLE?
Apostille is a document approval system that allows a document to be used legally in another country by certifying its validity. If your country of citizenship is a party to the Apostille agreement, you can request an apostille annotation from the authorities of your own country.
- DO I NEED TO HAVE AN APOSTILLED DOCUMENT OBTAINED FROM A FOREIGN COUNTRY APPROVED SEPARATELY IN ORDER TO USE IT IN TURKEY?
In order for the apostilled document obtained from a foreign country to be used in institutions in Turkey, its sworn Turkish translation must be certified by a notary public.
- I WILL STAY WITH A FRIEND IN TURKEY, WHAT SHOULD I DO TO DOCUMENT MY ADDRESS?
If a 3rd person (other than a relative) will stay with the person to be accommodated, the person to be accommodated must give a notarised commitment. In addition, if the person to stay with is married, his/her spouse must also give a notarised commitment.
- ALTHOUGH THERE IS NO INSURANCE OBLIGATION FOR UNDER 18 AND OVER 65 YEARS OF AGE, HOW SHOULD THE FIELD REGARDING INSURANCE INFORMATION ASKED IN THE E-RESIDENCE APPLICATION SYSTEM BE FILLED IN?
For short-term and student residence permits, the option of under 18 and over 65 years of age must be selected in the e-Residency system in the insurance type. For family residence permits, the sponsor must have a valid health insurance covering all family members. Foreigners under the age of 18 who do not have independent income or assets from their parents do not have the opportunity to obtain a long-term residence permit. Persons over 65 years of age, on the other hand, are required to bring a document stating that they are unable to obtain insurance for long-term residence permits.
- DO I NEED TO GET A FAMILY RESIDENCE PERMIT FOR MY CHILD?
If the conditions are met, the sponsor may apply for a family residence permit for his/her or his/her spouse’s foreign child under the age of 18. In addition, even if the foreign child has reached the age of 18, if he/she is still dependent on his/her family (does not have his/her own income), he/she has the right to apply for a family residence permit. If your child does not fulfil the conditions for a family residence permit, they may apply for a different residence permit in accordance with their purpose of stay in Turkey. The Provincial Directorate of Migration Management is responsible for the evaluation.
- CAN I APPLY FOR AN EXTENSION TO CHANGE TO A DIFFERENT TYPE OF RESIDENCE PERMIT?
Foreigners with a residence permit may apply for a residence permit for a new purpose of stay in case the grounds for the issuance of the residence permit expire or a different ground arises. The application must be made as a transition application.
- HOW MUCH INCOME DO I NEED TO HAVE TO GET A RESIDENCE PERMIT?
For short-term and student residence permits, income declaration is sufficient unless the Provincial Directorate of Migration requests a document proving income. However, the administration may request support with a bank account statement. For family residence permits, the sponsor is required by law to have an income not less than one third of the minimum wage for each family member, provided that the total amount is above the minimum wage. For a long-term residence permit, a sufficient and regular income must be documented. In determining a sufficient and regular income, it is accepted to have a monthly income of minimum wage, as well as having an income-generating immovable property, having money in your bank account that is sufficient to ensure your subsistence in our country.
- HOW CAN I MAKE PAYMENTS SUCH AS TUITION FEE AND DOCUMENT FEE AFTER APPLYING FOR A RESIDENCE PERMIT?
After the residence permit application, the required fee and document fee can be paid by credit card through the system, at the tax office or at the contracted public banks Ziraat Bank, Vakıfbank and Halkbank branches by informing the application number.
- CAN SOMEONE ELSE APPLY FOR A RESIDENCE PERMIT ON MY BEHALF?
Residence permit applications must be made by the foreigner in person. However, the application may be made by the foreigner’s legal representative (by his/her guardian for minors or by his/her guardian for restricted persons) or by his/her lawyer authorised by the power of attorney.
- IS A PHOTOGRAPH REQUIRED FOR RESIDENCE PERMIT APPLICATION?
Since your residence permit card will have a photograph, you must have a white and biometric photograph taken within the last 6 months. You must also have 4 photographs with you on the appointment date.
- WHAT SHOULD I DO IF MY RESIDENCE PERMIT CARD IS LOST OR STOLEN?
If the residence permit card is lost, stolen, faulty or worn out, the residence permit card can be re-requested. The applicant should apply to the Provincial Directorate of Migration in the province of residence with a biometric photograph and a document showing that he/she is registered in the address registration system. If the residence permit card is lost, a police report should be filed at the police station and the report should be with you at the time of application. If the residence permit card is lost, stolen or worn out, the residence permit card fee must be paid in full and the residence permit fee must be paid in half.
- FOR HOW LONG IS A SHORT-TERM RESIDENCE PERMIT GRANTED?
As a rule, short-term residence permits can be issued for a maximum of 2 years. However, even if the application has been made for 2 years, the discretion to determine the duration of the residence permit belongs to the iday. In addition, short-term residence permits may be granted for a maximum period of 5 years to those who make investments in Turkey, their foreign spouses, their and their spouses’ minor or dependent foreign children, and citizens of the Turkish Republic of Northern Cyprus.
- I WANT TO APPLY FOR A SHORT-TERM RESIDENCE PERMIT FOR TWO YEARS, BUT HEALTH INSURANCE IS VALID FOR 1 YEAR, HOW CAN I EXTEND MY INSURANCE IN ORDER TO APPLY FOR TWO YEARS?
If the health insurance company to be made makes 1+1 year insurance, a residence permit can be requested for 2 years. Or you can apply for a short-term residence permit for 2 years by having 2 years of General Health Insurance.
- CAN I CHANGE MY ADDRESS WHILE I HAVE A RESIDENCE PERMIT? CAN I MOVE TO A DIFFERENT PROVINCE?
If you have moved to a different province after obtaining a residence permit, you must apply to the Provincial Immigration Administration in the province where you moved within 20 working days. In this application; If the type of residence permit does not change, the fee will not be paid again for the remaining residence period. If you have moved to a different address within the borders of the province where you obtained a residence permit, you must notify the Provincial Immigration Administration of your new address within 20 working days. In this case, you can continue to stay in Turkey with your current residence permit.
- WHEN CAN I APPLY FOR AN EXTENSION OF MY RESIDENCE PERMIT?
Applications for an extension can be submitted at the earliest 60 days before the residence permit expires. However, it must always be submitted before the residence permit expires.
- IS THERE A FEE FOR STUDENT RESIDENCE PERMIT APPLICATION?
Students studying in Turkish schools or faculties are not required to pay a fee for residence permit application. In the applications made by those who have learnt in schools that are not considered as Turkish schools such as consulate, embassy schools and international schools other than these schools, residence permit fee must be paid.
- IF I MARRY A TURKISH CITIZEN WHILE I HAVE A STUDENT RESIDENCE PERMIT, DO I NEED TO CHANGE THE TYPE OF MY RESIDENCE PERMIT?
In this case, you can continue to stay in our country legally with a student residence permit. However, if the conditions for obtaining a family residence permit arise and the applicant applies, a family residence permit may be issued to this person. In addition, although the transition to family residence has been made, as long as the conditions of the student residence permit continue, you can benefit from the rights provided by the student residence permit.
- IS THERE A PROBLEM IF MY VISA OR RESIDENCE PERIOD EXPIRES BEFORE THE APPOINTMENT DATE?
If the residence application is made in due time, it does not matter if the visa and residence permit expire before the appointment date. With the application form, you can stay in Turkey until the appointment date.
- WHAT IS THE FINE FOR A VISA OR RESIDENCE TIME VIOLATION?
When a visa or residence period is violated, a fee must be paid for the violation. These fee amounts vary according to the country you are a citizen of, as well as the duration of the violation and age status. For this reason, you can learn the fine at the border gates when you leave our country.
- I WAS NOT AT THE ADDRESS WHEN THE RESIDENCE PERMIT CARD ARRIVED, HOW CAN I COLLECT MY CARD?
If the document cannot be delivered because you cannot be found at your address when the residence permit card arrives at your address, you can receive it from the nearest PTT branch to your address. Your card is kept at the PTT branch until the last day of the month following the date of receipt of the document. Subsequently, if you still have not received your card, you can get it from the provincial directorate of migration administration. In addition, the residence permit card will be delivered to you, as well as to your parent, guardian and lawyer authorised by your power of attorney.
