Long-term residence permit, which also means indefinite residence permit, is an indefinite residence permit issued to foreigners who have stayed in Turkey with a residence permit for at least 8 years and fulfill the conditions set by the Ministry of Interior. The foreigner who obtains a long-term residence permit obtains an indefinite residence permit without paying a fee and without obtaining a work permit.
What are the Conditions for Obtaining a Long-Term Residence Permit?
Article 43 of the Law on Foreigners and International Protection regulates the conditions for obtaining a long-term residence permit. We can list these conditions as follows:
1. To have resided in Turkey for at least eight years without interruption,
2. Not having received social assistance in the last three years,
3. To have a sufficient and regular source of income to provide for himself/herself or his/her family, if any,
4. Have valid health insurance,
5. Not pose a threat to public order or public security.
At this point, there is a special situation regulated in the Law. Some foreigners may be granted a long-term residence permit if they meet the conditions set by the Ministry of Interior. In this case, only the condition of not posing a threat to public order or public security among the conditions set out in the Law will be sought; other conditions will not be sought.
How to Calculate Eight Years of Uninterrupted Residence?
The Law stipulates eight years of uninterrupted residence as the first condition for obtaining a long-term residence permit. At this point, what should be understood from the concept of uninterrupted and in which cases the period will be interrupted are regulated in the law. Accordingly, things to be considered:
1. When calculating the eight-year period, the date of application for a long-term residence permit is taken as the basis.
2. Periods during which the foreigner stays abroad or stays in Turkey without a residence permit are not included in the calculation.
3. Except for compulsory public service, education, health reasons, stays outside Turkey exceeding a total of six months (180 days) in a year or exceeding a total of one year (365 days) in the last five years shall be considered as interruption in residence.
4. In the calculation of uninterrupted residence permit periods, half of the student residence permits and all of the other residence permits are taken into account.
5. If it is determined that the foreigner who wants to obtain a long-term residence permit has stayed abroad for more than six months (180 days), the application will be directly negative without retrospective examination.
How to Determine Regular and Sufficient Income for a Long-Term Residence Permit?
One of the conditions for obtaining a long-term residence permit listed in the law was to have sufficient and regular income. What is meant by “sufficient and regular” is one of the issues that raise questions in people’s minds. The considerations at this point are as follows:
1. The foreigner must have sufficient financial means to cover monthly expenses equal to the net minimum wage in effect as of the year of application.
2. The foreigner must have the financial means to cover expenses totaling not less than the minimum wage and 1/3 of the minimum wage for each family member, including himself/herself.
3. Third party commitments are not taken into account in determining the source of income.
These are the basic requirements for regular and sufficient financial means. It is also possible that more detailed documents may be requested and examined in the case of different applications. It would be prudent to be prepared for such situations in terms of the fate of the application.
Who is granted a long-term residence permit?
Article 42 of the Law on Foreigners and International Protection lists the persons who can obtain a long-term residence permit. These persons are
1. Foreign nationals who have resided in Turkey for at least eight years without interruption or who meet the conditions determined by the Ministry,
2. Foreign nationals who do not have refugee, conditional refugee and subsidiary protection status,
3. Foreigners who do not benefit from humanitarian residence permit and temporary protection.
How to Apply for a Long-Term Residence Permit?
The application for a long-term residence permit can be made online via E- İkamet. The applicant then needs to make an appointment with the Provincial Directorate of Migration Management in the region where the applicant wishes to reside.
What are the Rights of a Long-Term Residence Permit?
Foreigners holding long-term residence permits may enjoy the same rights as Turkish citizens in Turkey, without prejudice to certain exceptions and subject to the provisions of the law in the exercise of these rights.
According to the provisions of the Law, foreigners holding long-term residence permits in Turkey
- Obligation to perform military service,
- Election and selection,
- Exempt import of vehicles or household goods,
- Entering public office,
- rights of foreigners with long-term residence permits.
- In addition, the rights that foreigners with a long-term residence permit can benefit from are as follows:
- Residence
- Travel
- Study
- Investment
- Inheritance
- Commercial activity
- Acquisition and transfer of movable and immovable property
What are the Documents Required for a Long-Term Residence Permit Application?
Documents that the foreigner who wants to apply for a long-term residence permit should have with him/her:
- – Residence permit application form
- – Photocopy of passport or passport replacement document
- – 4 biometric photographs (ICAO standards)
- – Health insurance
- – Criminal record
- – Receipts showing that the required fees have been paid
- – Proof of sufficient financial means for the duration of the residence permit
- – Sealed and signed document stating that you have not received social assistance in the last 3 years
- – Document showing that he/she is registered in the address registration system (ARS)
- – 8 years of uninterrupted residence in Turkey
- – If another residence permit has been used before, documents related to this permit
- – In case a long-term residence permit is granted, a document showing the place of residence (title deed, rental agreement, proof of stay in accommodation such as a hotel, etc.).
- – Additional documents required according to the situation
A minor mistake or deficiency in the application for a long-term residence permit may lead to rejection of the application and loss of rights. For this reason, we strongly recommend that applicants make their applications by a specialized lawyer.
Denial of a Long-Term Residence Permit
Rejection of a long-term residence permit application occurs when the application in question does not meet the conditions for a long-term residence permit. In this context, the lack of the required documents specified in the law and the failure to carry out the procedural procedures in the application correctly are the reasons for rejection in long-term residence permit applications.
Revocation of Long-Term Residence Permit and Re-Application Process
In the case of long-term residence permits, the existing long-term residence permit may be revoked in case of the circumstances listed in Article 45/1 of the Law on Foreigners and International Protection. At this point, two grounds for revocation are stipulated. These are
1. The foreigner poses a serious threat to public security or public order,
2. Being outside Turkey for more than one year without interruption for reasons other than health, education and compulsory public service in the country.
There are two different legal remedies that foreigners may apply against the revocation of long-term residence permits by the governorates. These are appeal and litigation. Information on these two remedies can be found below under the heading “Appeal against long-term residence permit and lawsuit for revocation”.
Foreigners whose long-term residence permit has been revoked due to their stay outside Turkey for more than one year without interruption, except for education, health, compulsory public service in the country of origin or duty, may apply for a new residence permit.
Applications can be made to consulates abroad or to the governor’s office in the province where the foreigner is located in person or through the e-residence system on the website of the Directorate General of Migration Management. These applications are prioritized and finalized within 1 month at the latest. In addition, these applications do not require eight years of uninterrupted residence.
Criteria for re-applying for a long-term residence permit:
- – Willingness to stay in Turkey for settlement purposes
- – Immovable assets
- – Whether they have relatives in Turkey
- – Active work and labor relations
- – Social, economic and cultural ties with Turkey.
Appeal against the Revocation of a Long-Term Residence Permit and Annulment Case
The process of appealing against the revocation of a long-term residence permit in Turkey is generally based on the Turkish Immigration Law and related legislation. Here is general information about the appeal and revocation process for the revocation of a long-term residence permit in Turkey:
– Appeal Process:
In order to appeal against the revocation of a long-term residence permit, an appeal must be lodged with the Directorate General of Migration Management of the Ministry of Interior within 30 days from the date of notification of the revocation decision. The appeal is usually made by filling out a specific form and stating the grounds for the revocation.
– Cancellation Case:
If the appeal is rejected or the residence permit is still revoked, individuals can file an administrative lawsuit against the revocation decision. The administrative proceeding usually starts with an application to the Administrative Court where the revocation decision was issued. During the annulment proceedings, the claimant should usually be accompanied by a lawyer.
– Evidence and Documents:
During the appeal and litigation process, individuals are usually required to submit documents and evidence to prove that the revocation was unjustified. For example, documents can be submitted to show that there was a misunderstanding or misinformation regarding the grounds for revocation of the residence permit.
– Case Conclusion:
At the end of the revocation proceedings, the court decides whether the revocation is lawful or not. The court may uphold the revocation decision or annul the revocation. The decision is based on the court’s consideration of the evidence and legal grounds.
Finally, the complexity of the legal process and the seriousness of the consequences of revocation of a long-term residence permit should be taken into account and professional legal assistance should be sought. The guidance of a lawyer can help to make the process more effective and fair.
Long Term Residence Permit Indefinite Work Permit
Foreigners who have a long-term residence permit or a legal work permit for at least eight years in Turkey may apply for an indefinite work permit. At this point, the foreigner who has an indefinite work permit benefits from all the rights provided by the long-term residence permit.
See also: General Questions about Work Permit in Turkey
How long is a long-term residence permit issued?
A long-term residence permit is issued indefinitely to a foreigner whose application is accepted. Therefore, after the long-term residence permit is issued, the foreigner will be able to reside in Turkey for as long as he/she wishes without any extension process.
How Long Does a Long-Term Residence Permit Take?
A long-term residence permit is issued within approximately one month after the application is submitted. However, the time to finalize the application usually depends on the volume of applications and the workload of the authorities. However, it should be noted that foreigners whose long-term residence permit application is approved and who receive a long-term residence permit certificate must register in the address registration system within twenty working days at the latest from the date of delivery of this document.
Can Citizenship be Obtained with a Long-Term Residence Permit?
The foreigner who wants to acquire Turkish citizenship later on must reside in Turkey for 5 years without interruption retrospectively from the date of application. Therefore, long-term residence permit holders will be entitled to Turkish citizenship if they reside in Turkey for 5 years without interruption. What is meant by uninterrupted residence here is that the foreigner should not be abroad for more than 12 months within the 5-year period required for the application. Otherwise, the 5-year uninterrupted residence requirement cannot be met, therefore the foreigner’s citizenship application will be rejected. However, the following conditions must also be met in order to obtain citizenship with a long-term residence permit:
- – Being an adult and having the power of discernment,
- – Having confirmed their decision to settle in Turkey by acquiring immovable property in Turkey, establishing a business, making an investment, transferring their trade and business center to Turkey, working in a workplace subject to a work permit, or marrying a Turkish citizen, applying as a family, having parents, siblings or children who have previously acquired Turkish citizenship, or completing their education in Turkey,
- – Not having a disease that poses a danger to general health,
- – To show that he/she has good morals by acting with the sense of responsibility required by living together in society, to give confidence to his/her environment with his/her behavior, not to have bad habits that are not welcomed by society and contrary to social values,
- – To be able to speak Turkish at a level that can adapt to social life,
- – Have an income or occupation in Turkey that will provide a livelihood for oneself and one’s dependents,
- – Not having an obstacle in terms of national security and public order.
You can find detailed information about Turkish citizenship in our article titled “How to Apply for Citizenship”.
FREQUENTLY ASKED QUESTIONS
Is it necessary to acquire a property in Turkey to obtain a long-term residence permit?
No, owning a property in Turkey is not a requirement to obtain a long-term residence permit. However, owning or renting a property can be used to document your residence address in the application.
Is Health Insurance Required to Obtain a Long-Term Residence Permit?
Yes, when applying for a long-term residence permit, you are required to have a valid health insurance in Turkey. The health insurance is required to cover the costs of emergency medical assistance and treatment during the duration of the residence permit.
What is the age limit for obtaining a long-term residence permit?
There is no specific age limit for a long-term residence permit. Applications are open to people of all age groups.
What Fees Must Be Paid to Obtain a Long-Term Residence Permit?
The application fee for a long-term residence permit may vary depending on the type of permit applied for and the country of nationality of the person. Fees are usually paid to the immigration office or application center where the application is submitted.
Is it necessary to marry a Turkish citizen to obtain a long-term residence permit?
No, marriage to a Turkish citizen is not a requirement to obtain a long-term residence permit. However, it is possible to obtain this permit by applying for family reunification through marriage.
Is it Necessary to Speak Turkish to Obtain a Long-Term Residence Permit?
Generally speaking Turkish is not a requirement for obtaining a long-term residence permit in Turkey. However, knowing Turkish can be useful for communicating in daily life and facilitating the integration process.
Is it necessary to obtain a work permit in Turkey after obtaining a long-term residence permit?
A long-term residence permit only allows you to reside legally in Turkey. If you want to work in Turkey, you must also apply for a work permit.
