A residence permit, refers to the permission granted for foreigners to stay in Turkey. The residence permit is a requirement of international law to ensure public security and order and minimize potential risks. This requirement also serves the interests of the country by preserving public health and order, preventing potential negative situations, and facilitating the identification and control of foreigners residing in the country.
How Long is the Residence Permit for Foreigners?
A residence permit is obtained by foreign nationals who wish to stay in the Republic of Turkey for more than 90 days. If the residence permit is not used within 6 months of obtaining it, its cancellation will be considered, and it will no longer be valid.
The legal regulations regarding residence permits are found in the Law on Foreigners and International Protection and the Law on the Residence and Travel of Foreigners in Turkey, numbered 5683. Except for foreign nationals exempted from this permit, foreign nationals must obtain a residence permit to stay in Turkey during periods that are not covered by their visa durations.
In Turkish law, the state has the discretionary power to determine certain conditions for the admission or non-admission of a foreigner into the country. Accordingly, in order for foreigners to reside in Turkey, they must first enter the country in accordance with the provisions of the Passport Law.
Residence Permit Requirements in Turkey
In general, for a foreigner to benefit from the rights in a state other than their own, they need to be present in that country and have legally entered it. Foreigners who are illegally present in Turkey or have been denied entry to Turkey will not be able to obtain a residence permit.
Foreigners who intend to obtain a residence permit must first enter Turkey in accordance with the regulations. One of the requirements for legal entry and exit in Turkey is to use designated border gates for entry and exit. The second requirement is to present a passport or a passport substitute document upon entry and exit. In addition to meeting the requirement of presenting a passport to enter Turkey legally, foreigners also need to obtain a visa. Residence permits vary in terms of duration and purpose, and the law has set specific conditions for each type of residence permit.
How to Obtain a Residence Permit for Foreigners?
Foreigners can apply for a residence permit from within or outside Turkey. The person who will reside in Turkey can personally make the residence permit application, or a representative can make the application on their behalf. It is also possible to hire a lawyer for assistance in obtaining a residence permit.
Residence Permit Application at Consulate
As a general rule, residence permit applications are made to the Turkish consulates in the country of the foreigner's citizenship or legal residence. Consulates will forward the residence permit applications along with their opinions to the Directorate General of Migration Management (Göç İdaresi Genel Müdürlüğü). The Directorate General of Migration Management will evaluate the residence permit applications and, if deemed necessary, consult relevant institutions before informing the consulate of the decision to issue or reject the residence permit. The applications will be finalized within a maximum of 90 days, and the applicant will be notified in case of a rejection. Additionally, foreigners entering with a residence and work permit obtained from the consulates must register in the address registration system within 20 working days from their entry date.
Residence Permit Application for Foreigners in Turkey
For applications made from within Turkey, the initial application for a residence permit is made through the online system called e-ikamet. The e-ikamet application serves as a pre-application and facilitates the appointment scheduling at the Provincial Directorate of Migration Management in the desired place of residence for obtaining the residence permit. The Provincial Directorate of Migration Management has the authority to accept, reject, or cancel the residence permit application.
Furthermore, applications made from within Turkey can also be received by the governorates depending on the type of permit sought.
Types of Residence Permits in Turkey
The reasons for foreigners to reside in Turkey may vary. The Law on Foreigners and International Protection specifies six types of residence permits based on the main reasons for foreigners to reside in Turkey:
Short-Term Residence Permit
Family Residence Permit
Student Residence Permit
Long-Term Residence Permit
Humanitarian Residence Permit
Residence Permit for Victims of Human Trafficking
Each type of residence permit has specific eligibility criteria and regulations regarding the application process, conditions for rejection, cancellation, or non-extension of the residence permit.
Short-Term Residence Permit
The short-term residence permit can be obtained for more general reasons compared to other residence permits under the Law on Foreigners and International Protection. Therefore, it is an inclusive type of residence permit that can be easily obtained by many foreigners. Unless specified in the last two points mentioned below, a short-term residence permit can be issued for a maximum of two years each time. The individuals eligible for a short-term residence permit (according to Article 31 of the Law on Foreigners and International Protection) are as follows:
Foreigners who come for scientific research purposes (An authorization document related to scientific research must be submitted during the application process.)
Foreigners who own immovable property in Turkey (The property should have residential status.)
Foreigners who will establish commercial connections or set up a business (Invitation letters from companies can be provided as evidence.)
Foreigners who will participate in in-service training programs (Documents specifying who will provide the training and its duration must be submitted.)
Foreigners who will come to Turkey for education or similar purposes within the framework of agreements in which the Republic of Turkey is a party or student exchange programs (The duration of the permit will be equal to the duration of education.)
Foreigners who will stay for tourism purposes
Foreigners who will receive medical treatment in Turkey, provided that they are not carrying any diseases considered as a threat to public health (The duration of the permit will be determined based on the treatment process. Only the person receiving treatment can benefit from this permit; accompanying individuals cannot.)
Foreigners who are required to stay in Turkey due to requests or decisions of judicial or administrative authorities
Foreigners who will be transferred to a short-term residence permit if they no longer meet the requirements for a family residence permit
Foreigners who will attend Turkish language courses (The course must be approved by the Ministry of National Education.)
Foreigners who will participate in education, research, internships, or courses in Turkey through public institutions (This permit is granted for a maximum of 1 year.)
Foreigners who apply within six months after graduating from higher education in Turkey (The permit is granted for a maximum of 1 year at a time.)
Foreigners who will make investments within the scope and amount determined by the Council of Ministers, as well as their foreign spouse and their dependent foreign children (The upper limit is 5 years.)
Foreigners who are citizens of the Turkish Republic of Northern Cyprus (The upper limit is 5 years.)
The reasons for applying for a short-term residence permit may vary, and therefore, different documents may be required for each type of application. However, there are common necessary documents for all types of short-term residence permits:
Residence permit application form
Health insurance
Declaration of financial means
Original and photocopy of passport or equivalent document
Biometric photograph
Reasons for Rejection, Cancellation, or Non-Extension of Short-Term Residence
Permit
The short-term residence permit will not be granted or, if already granted, will be canceled or not extended in the following cases (according to Article 33 of the Law on Foreigners and International Protection):
Failure to provide the required information and documents for a short-term residence permit
Being one of the foreigners who are not allowed to enter Turkey (the foreigners who are not allowed to enter Turkey are listed in Article 7 of the same law)
Not having housing conditions that comply with general health and safety standards
Failure to provide the requested criminal record certificate
Not providing information about the address where the person will stay in Turkey
Family Residence Permit
The state does not grant absolute rights to foreigners regarding family reunification. However, under certain conditions, foreign family members can be granted entry and residence rights based on family reunification. In Turkish law, family reunification for foreigners is facilitated through the issuance of a family residence permit. Turkish citizens, foreigners who hold one of the residence permits, beneficiaries of subsidiary protection status, and refugees can apply for a family residence permit for:
Their foreign spouse
Their or their spouse's dependent foreign child
Their or their spouse's foreign child
The family residence permit is granted for a maximum duration of 3 years each time. The duration of the family residence permit cannot exceed the residence permit duration of the person who enabled them to obtain the family residence permit.
Student Residence Permit
The student residence permit is issued for foreign students who wish to reside in Turkey for educational purposes. The student residence permit is granted to the following individuals:
Foreigners who are enrolled in primary or secondary education in Turkey and do not have a family residence permit.
Foreigners studying at a higher education institution in Turkey at the associate, undergraduate, or graduate level are eligible for a residence permit throughout their study period.
Required documents for the student residence permit include:
Application form for short-term residence permit
Health insurance
Declaration of financial means
Original and photocopy of passport or equivalent document
Biometric photograph
Active student certificate
Long-Term Residence Permit
The government provides various facilitations to foreigners who have resided in the country for a long period, assuming their integration into the country. In Turkish law, foreigners who have resided continuously in Turkey for at least 8 years with a residence permit or who meet the conditions determined by the Ministry are granted a long-term residence permit and certain associated rights. The long-term residence permit is issued by the provincial authorities with the approval of the Ministry as an indefinite residence permit.
The following individuals are not eligible for the transition to a long-term residence permit:
Refugees
Conditional refugees
Persons with subsidiary protection status
Holders of humanitarian residence permits
Individuals under temporary protection
Humanitarian Residence Permit
In certain special circumstances, unlike other residence permits, a residence permit can be granted by the authorities ex officio (without a specific request). One of these special circumstances is the humanitarian residence permit. The other is the residence permit for victims of human trafficking. The issuance of such permits is greatly influenced by developments in the field of human rights and Turkey's protective approach towards foreigners who are forced to leave their countries for humanitarian reasons.
A humanitarian residence permit can be issued in the following cases:
When the best interests of the child are at stake
When foreigners cannot be deported or leaving Turkey is deemed unreasonable or impossible, despite a decision on entry ban or deportation
When no deportation decision has been issued against the foreigner
During the continuation of procedures for the return of the applicant to their first country of asylum or a safe third country
In extraordinary circumstances
When there is a need to allow the entry and stay of foreigners in Turkey due to urgent reasons, protection of national interests, public order, and public security, and they are unable to obtain any other residence permit due to circumstances that hinder their eligibility
Humanitarian residence permits can be issued by provincial authorities with the approval of the General Directorate of Migration Management, subject to time limits determined by the Ministry. These permits can also be extended once they have been granted.
Residence Permit for Victims of Human Trafficking
According to the Law on Foreigners and International Protection (YYUK) prepared in parallel with international agreements, this permit is granted by provincial authorities to foreigners who are victims of human trafficking or strongly suspected to be victims. This permit is issued to enable foreigners to recover from the impact of their experiences and decide whether to cooperate with the authorities. The residence permit for victims of human trafficking is issued by provincial authorities for a specific period. This period is 30 days. The residence permits granted to victims of human trafficking can be extended for a maximum of six-month periods, but the total duration of extensions cannot exceed three years.
Residence Permit for Foreigners Married to Turkish Citizens
In fact, the residence permit for foreigners married to Turkish citizens falls under the category of family residence permit. This type of permit aims to protect family unity and the best interests of any children involved. Individuals specified in Article 28 of Law No. 5901 and foreigners who hold a valid residence permit in Turkey, as well as refugees and holders of subsidiary protection status, can request a residence permit for the following family members:
1- Foreign spouse
2- Unmarried foreign children of the spouse or themselves
3- Dependent foreign children of themselves or their spouse.
These individuals can obtain a residence permit for their spouse, as well as for their joint children and solely for the children of their spouse.
The Importance of Immigration Lawyer Consultancy for Residence Permits
The application procedures for residence permits are regularly updated and subject to change. Additionally, these procedures can be quite detailed, so seeking consultancy services can be beneficial for applicants to complete and follow up on their permit applications. In this regard, there are lawyers who specialize in providing consultancy services for residence permits.
In our article, we have provided a detailed answer to the question of "How to Obtain a Residence Permit?" However, relevant legislation and regulations are constantly updated. It is important to keep track of these updates and apply for a residence permit accordingly to ensure a swift and successful process. Experienced immigration lawyers regularly monitor changes in the law and regulations related to residence permits.
For foreign nationals seeking to obtain a residence permit, it is crucial to work with an immigration lawyer specializing in foreigner's law. This ensures the correct type of residence permit is determined and the necessary documents and procedures are completed accurately and in a timely manner.
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