In accordance with the provisions regarding residence permit regulated in Article 19 and following of the Foreigners and International Protection Law No. 6458; Foreigners who will stay in Turkey for more than the period allowed by the visa or visa exemption or for more than ninety days are required to obtain a residence permit. The residence permit loses its validity if it is not used within six months.

Short Term Residence Permit

The people who can be granted a short-term residence permit are clearly stated in the law and they are as follows:

• Those who will come for scientific research purposes

• Those who own real estate in Turkey

• They will establish commercial connections or business

• Those who will participate in in-service training programs

• Those who will come for education or similar purposes within the framework of agreements or student exchange programs to which the Republic of Turkey is a party.

• They will stay for tourism purposes

• They will receive treatment provided that they do not have one of the diseases that are considered a threat to public health.

• Those who must stay in Turkey due to the request or decision of judicial or administrative authorities

• Those who switch from family residence permit to short-term residence permit

• Those who will attend Turkish learning courses

• They will participate in education, research, internships and courses in Turkey through public institutions.

• Those who have completed their higher education in Turkey and applied within six months from the date of graduation

• Those who do not work in Turkey but will invest in the scope and amount to be determined by the President, and their foreign spouses and their and their spouse’s minor or dependent foreign children

• Citizens of the Turkish Republic of Northern Cyprus

In accordance with the law, residence permits can be granted for a maximum of five years to those who do not work in Turkey but will invest in the scope and amount to be determined by the President, their foreign spouses, their and their spouse’s minor or dependent foreign children, and citizens of the Turkish Republic of Northern Cyprus. Except for these, short-term residence permits can be granted for a maximum of two years at a time.

In addition, according to the Law, those who will attend Turkish learning courses can be given a short-term residence permit at most two times. Those who have completed their higher education in Turkey and apply within six months from the date of graduation can be granted a residence permit for a maximum period of one year only once.

Certain conditions are stipulated in the law for these people to obtain a short-term residence permit. According to this;

• To make a request by citing one or more of the reasons listed in the first paragraph of Article 31 and to submit information and documents related to this request.

• Not falling within the scope of Article 7

• Having housing conditions that comply with general health and safety standards

• If requested, to submit a document showing the criminal record issued by the competent authorities of the country of which the person is a citizen or legally resides.

• To provide address information where he/she will stay in Turkey.

Only short-term residence permits can be granted to people who meet the conditions.

The law not only regulates the conditions for granting a residence permit, but also stipulates the conditions for rejection, cancellation or non-extension of a short-term residence permit.

• Failure to fulfill or eliminate one or more of the conditions sought in Article 32.

• Determining whether the residence permit is used for purposes other than the purpose for which it was issued.

• There is a valid deportation or ban on entry to Turkey decision.

In the event of one of the following conditions, a short-term residence permit will not be granted; if granted, it will be cancelled; and an expired residence permit will not be extended.

Family Residence Permit

Family residence permit in accordance with the law;

Turkish citizens, those within the scope of Article 28 of Law No. 5901 or foreigners who have a residence permit, refugees and subsidiary protection status holders;

• To his/her foreign spouse,

• His or her spouse’s minor foreign child,

• His or her spouse’s dependent foreign child,

It can be granted for not more than three years at a time. However, the duration of the family residence permit cannot in any way exceed the duration of the sponsor’s residence permit.

According to the law of the country of citizenship, in case of marriage with more than one spouse, only one of the spouses is given a family residence permit. However, in terms of children, family residence permits can also be issued to children from other spouses.

In the family residence permit of children, the consent of the mother or father who has joint custody, if any, is required outside Türkiye.

Family residence permits provide the right to education in primary and secondary education institutions until the age of eighteen without obtaining a student residence permit.

Those who have stayed in Turkey for at least three years with a family residence permit and who are over the age of eighteen can convert their permit into a short-term residence permit if they request.

In case of divorce, a foreigner married to a Turkish citizen may be granted a short-term residence permit, provided that he or she has stayed with a family residence permit for at least three years. However, if it is established by the relevant court decision that the foreign spouse is a victim of domestic violence, the three-year period is not required.

In case of death of the sponsor, those who remain with the family residence permit of this person may be given a short-term residence permit without any period requirement.

After regulating who can apply for a family residence permit, the law also stipulates the conditions for granting a family residence permit. According to Article 35, which regulates family residence permit;

The following conditions are required for the sponsor in family residence permit requests:

• 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.

• Having housing conditions in accordance with general health and safety standards according to the population of the family and having health insurance covering all family members.

• To document with a criminal record that, as of the application date, he has not been convicted of any crime against family order within five years.

• Having been staying in Turkey with a residence permit for at least one year

• Being registered in the address registration system

These conditions may not be required for refugees and subsidiary protection status holders in Turkey.

Those who have a residence permit or work permit for scientific research purposes, those who are within the scope of Article 28 of Law No. 5901, or foreigners who are married to Turkish citizens are not required to have been staying in Turkey with a residence permit for at least one year.

The following conditions are required for foreigners who will apply for a family residence permit to stay with their sponsor in Turkey:

• To submit information and documents showing that it is within the scope of the first paragraph of Article 34.

• To prove that he/she lives or intends to live with the persons specified in the first paragraph of Article 34.

• Not having entered into marriage in order to obtain a family residence permit.

• Each spouse must be over eighteen years of age.

• Not falling within the scope of Article 7

In addition to regulating the conditions for granting a family residence permit, the law also stipulates the rejection, cancellation or non-extension of the family residence permit request.

• Failure to meet or eliminate the conditions required in the first and third paragraphs of Article 35.

• Not granting a short-term residence permit after the conditions for obtaining a family residence permit are eliminated.

• There is a valid deportation or ban on entry to Turkey decision.

• Determining that the family residence permit is used for purposes other than the purpose for which it was issued.

In case of one of the following conditions, a family residence permit will not be granted, if granted, it will be cancelled, and an expired residence permit will not be extended.

In addition, if there is reasonable doubt before granting or extending a family residence permit, the governorships investigate whether the marriage was concluded solely for the purpose of obtaining a residence permit. As a result of the investigation, if it is determined that the marriage was made for this purpose, the family residence permit will not be given, and if it is given, it will be cancelled. In addition, after the family residence permit is issued, governorships can inspect whether the marriage is consensual or not. It should be noted that residence permits obtained through consensual marriage and subsequently canceled are not taken into account in the calculation of residence permit periods stipulated in the Law.

Student Residence Permit

Student residence permits are issued to foreigners who will study at a higher education institution in Turkey for an associate degree, bachelor’s degree, master’s degree or doctorate degree.

Foreigners who will receive primary and secondary education, whose care and expenses are undertaken by a real or legal person, may be granted and extended a student residence permit for one-year periods during their education, with the consent of their parents or legal representatives.

Student residence permit does not provide any right for the student’s parents and other relatives to obtain a residence permit.

If the education period is less than one year, the student residence permit cannot exceed the education period.

Foreigners who come to study in Turkey through public institutions and organizations may be given a residence permit during their education.

In order to be issued a student residence permit in accordance with the law;

• To submit information and documents within the scope of Article 38

• Not falling within the scope of Article 7

• To provide address information where he/she will stay in Turkey.

You must meet the conditions.

The law also clearly regulates the rejection, cancellation or non-extension of a student residence permit request. According to this;

• Failure to meet or eliminate the conditions sought in Article 39

• Emergence of evidence that education cannot be continued

• Determining that the student residence permit is used for purposes other than the purpose for which it was issued.

• There is a valid deportation decision or an entry ban to Turkey.

In the event of one of the following conditions, a student residence permit will not be granted, if granted, it will be cancelled, and an expired residence permit will not be extended.

Finally, associate, undergraduate, master’s and doctoral students who receive formal education in Turkey with a student residence permit can work, provided that they obtain a work permit. However, the right to work for associate and undergraduate students begins after the first year.

Long Term Residence Permit

Foreigners who have stayed in Turkey with a residence permit for at least eight years without interruption or who comply with the conditions determined by the Ministry are given an indefinite residence permit by the governorships, with the approval of the Ministry.

Refugees, conditional refugees and subsidiary protection status holders, humanitarian residence permit holders and those under temporary protection are not granted the right to transition to a long-term residence permit.

In order to grant a long-term residence permit;

• Having stayed in Turkey with a residence permit for at least eight years without interruption.

• Not having received social assistance in the last three years

• Having a sufficient and regular source of income to support oneself or one’s family, if any.

• Having valid health insurance

• Not to pose a threat to public order or public security

It is necessary to meet the conditions.

In addition, conditions other than not posing a threat to public order or public security are not required for foreigners who are deemed appropriate to be granted a long-term residence permit because they meet the conditions determined by the Ministry.

Long-term residence permit provides the person with certain rights. Accordingly, people with long-term residence permit; They benefit from the rights granted to Turkish citizens, provided that their acquired rights regarding social security are reserved and they are subject to the relevant legislative provisions in the use of these rights, except for the obligation to do military service, to elect and be elected, to enter public office, to import vehicles as exempt and the regulations in special laws.

Finally, long-term residence permits; It is canceled if the foreigner poses a serious threat to public order or public security and is outside Turkey for more than one uninterrupted year for reasons other than health, education and compulsory public service in his country.

Humanitarian Residence Permit

The law stipulates that in some cases, humanitarian residence permits may be granted and extended by governorships, without seeking the conditions for granting other residence permits, provided that they are limited to the periods determined by the Ministry of Internal Affairs and with the approval of the General Directorate of Migration Management. Humanitarian residence permit in accordance with the law;

• When the best interests of the child are at stake

• When foreigners cannot be allowed to leave Turkey even though a decision has been taken to deport them or to ban them from entering Turkey, or when it is not deemed reasonable or possible for them to leave Turkey.

• When a deportation decision is not taken for the foreigner in accordance with Article 55

• When legal action is taken against the transactions carried out in accordance with Articles 53, 72 and 77

• During the continuation of the applicant’s return to the first country of asylum or safe third country

• Foreigners who need to be allowed to enter and stay in Turkey for urgent reasons or for the protection of the country’s interests, public order and public security, do not have the opportunity to obtain one of the other residence permits due to their situation that prevents the issuance of a residence permit.

• In extraordinary situations

It can be given.

It should be noted that foreigners who receive a humanitarian residence permit must register in the address registration system within twenty business days from the date of issuance of the permit.

Humanitarian residence permit is canceled and not extended by the governorships, provided that the approval of the Ministry of Internal Affairs is obtained, when the conditions that make it mandatory to grant the permit no longer exist.

Human Trafficking Victim Residence Permit

Foreigners who are strongly suspected of being or may be victims of human trafficking are given a thirty-day residence permit as a victim of human trafficking by the governorships so that they can recover from the effects of what they have experienced and decide whether to cooperate with the authorities. In this type of residence permit, the conditions for the issuance of other residence permits are not required.

The residence permit, which is granted to allow a period of recovery and reflection, may be extended for periods of six months at most due to the safety, health or special situation of the victim. However, these periods cannot exceed three years in total.

Residence permits of foreigners who are or are strongly suspected to be victims of human trafficking are canceled in cases where it is determined that they have re-established ties with the perpetrators of the crime on their own initiative.

REFERENCE

Foreigners and International Protection Law No. 6458 and Related Legislation