Residence Permit in Foreigners Law

RESIDENCE PERMITS AND THEIR TYPES IN FOREIGNERS LAW

In Turkey, a residence permit is a document that foreigners who wish to stay longer than the period allowed by their visa or visa exemption (usually 90 days) must obtain in order to maintain their legal status . A residence permit is not merely a right to stay, but a fundamental "legal identity" necessary for the foreigner to benefit from other rights in Turkey (health, education, banking, etc.).

1.1. Legal Basis: Law No. 6458 (YUKK)

Residence permits are regulated by Article 30 and subsequent articles of the Law on Foreigners and International Protection. The legislator has foreseen different types of residence permits according to the purpose of the foreigner's stay in Türkiye. The application requirements and rights granted for each type differ.

1.2. Types of Residence Permits

1.2.1. Short-Term Residence Permit (Law on Foreigners' Rights and Security, Articles 31-33)

This is the most common type of visit. It covers a wide range of people, from tourists to those conducting scientific research, from those owning real estate to those establishing business connections.

• Key Requirement: Meeting standards for housing, income, and general health insurance.

1.2.2. Family Residence Permit (Law on Foreigners and International Relations, Articles 34-37)

This type of permission is granted to the spouses and dependent children of Turkish citizens or foreigners legally residing in Türkiye. The aim of this permission is to protect family unity.

1.2.3. Student Residence Permit (Law on Foreigners' Rights and Security Institution, Articles 38-41)

This permit is granted to foreigners who will be studying at an associate's, bachelor's, master's, or doctoral level at a higher education institution in Türkiye. Obtaining this type of permit is mandatory in order to exercise the right to education.

1.2.4. Long-Term Residence Permit (Law on Foreigners' Rights and Security) Articles 42-45

in Turkey continuously for at least 8 years , is provided they meet certain conditions (not receiving social assistance, income level, public order, etc.).

1.3. Application Process and “E-Residence” System

Residence permit applications are submitted through the Directorate of Migration Management's e-residence system after the foreigner enters Turkey and before the visa expires . Required documents (passport, photograph, address declaration, insurance, etc.) must be submitted on the appointment day.

1.4. Competent and Authorized Authority / Court

• Administrative Authority: The authority to issue residence permits the Directorate General of Migration Management (Provincial Directorates of Migration Management).
• Judicial Recourse (Cancellation Case): If a residence permit application is rejected or an existing permit is cancelled, the foreigner may file an "Cancellation Case" in the Administrative Court within 60 days of the notification of the decision
• Competent Court: The Administrative Court located where the governor's office (Provincial Migration Administration) that issued the decision is situated.

Note: The conditions for obtaining short-term residence permits "through real estate ownership" (by purchasing a house) have been tightened with recent regulations, and a specific appraisal value requirement (currently the equivalent of 200,000 USD in Turkish Lira) has been introduced. This directly affects the motivation of foreigners to acquire property in Turkey.

 SHORT-TERM RESIDENCE PERMIT 

A short-term residence permit is the most comprehensive type of residence permit that foreigners who come to Türkiye with a visa or visa exemption apply for in order to legally establish their stays beyond these periods. The legislator has specified a limited number (numerus clausus) of foreigners who can obtain this permit and has stipulated different proof requirements for each group.

1.1. Who can obtain a short-term residence permit?

The main categories specified in Article 31 of Law No. 6458 are as follows:

• Those Staying for Tourism Purposes: Foreigners providing travel plans and accommodation information. (Note: In recent years, restrictions have been placed on "extension" requests in this category.)
• Property Owners: Foreigners who own a residential property in Turkey.
• Those conducting scientific research: Researchers who have obtained permission from the relevant institution.
• Business Connections or Establishment: Foreigners who will be setting up companies or conducting business negotiations.
• Participants in In-Service Training Programs: Those coming through public institutions or private organizations.
• Those Receiving Medical Treatment: Individuals arriving for treatment purposes, provided they do not have an infectious disease that poses a threat to public health.

1.2. Residence through Real Estate Ownership (Critical Threshold)

This topic marks the intersection of property law and immigration law.

• New Requirements: With the regulations implemented from the end of 2023, in order to obtain a residence permit through real estate, the value of the property must be at least 200,000 US Dollars (equivalent in Turkish Lira based on the Central Bank of Turkey exchange rate on the application date) and this must be documented with an appraisal report.
• Nature: The property must be a "residential" property and used for residential purposes. Purchasing a business premises or land does not grant residency rights under this category.

1.3. General Terms and Conditions 

To obtain a short-term residence permit, a foreigner must meet the following cumulative requirements:

1. Housing Requirements: Residing in a dwelling that meets general health and safety standards.
2. Financial Sufficiency: Having a regular income (usually above the minimum wage) sufficient to support oneself for the duration of the stay.
3. Criminal Record Certificate: If requested, provide a criminal record certificate obtained from your country of origin or country of legal residence.
4. Health Insurance: You must have private or general health insurance valid in Turkey and covering the duration of your stay.

1.4. Reasons for Cancellation and Rejection 

The administration will reject a residence permit application, or cancel one if it has already been granted, in the following cases:

• Using the residence permit for a purpose other than its intended purpose.
• Having a valid deportation order or a ban on entering Türkiye against them.
• Detection of violations of stay duration abroad (visa violations, etc.).

1.5. Judicial Review: The Administrative Court Process

A "Notification Form" is given to foreigners whose short-term residence permit application has been rejected.

• Time Limit for Filing a Lawsuit: An annulment lawsuit with a request for a stay of execution may be filed within 60 days from the date of notification .
• Important Note: Filing a lawsuit against a residence permit refusal does not automatically grant the foreigner the right to stay in Turkey. Unless a stay of execution order is issued, the foreigner must leave Turkey within 10 days.
• Competent Court: Administrative Court.

 Note: The administration has considerable discretionary power in short-term residence permits. Especially in tourism-related residence permits, the administration may reject the application without providing concrete reasons (for example, by not finding the applicant's financial situation or purpose of stay convincing). In such cases, the lawyer's task is to prove that the administration has used its discretionary power "illegally and arbitrarily."

 FAMILY RESIDENCE PERMIT 

A family residence permit is a type of permit granted to family members of a "sponsor" . Most disputes regarding this type of permit revolve around the "authenticity of the marriage" and the "financial sufficiency of the sponsor."

2.1. Who is the Sponsor?

In family residence permit applications, the "sponsor" is the person who covers the expenses of the family members and provides them with legal support. The sponsor can be one of the following:

• Turkish citizens.
• Blue card holders.
• in Turkey for at least one year with a residence permit.
• Refugees or holders of subsidiary protection status.

2.2. Persons Who May Be Granted a Family Residence Permit

Only the following family members of the sponsor can apply for this permission:

• Foreign Spouse: (Since polygamy is illegal in Turkey, in cases of multiple spouses, only one spouse is granted a family residence permit).
• Children: The minor (under 18 years of age) child of the person or their spouse who is a foreign national.
• Dependent Child: A foreign child who is dependent on or in need of care, even if they have reached the age of 18.

2.3. Application Requirements 

When granting family residence permits, the administration requires the following conditions from both the sponsoring party and the applicant foreigner:

1. Financial Sufficiency: Total income must not be less than one-third of the minimum wage per person in the family.
2. Housing and Healthcare: Accommodation suitable for the family size, meeting general health and safety standards, and health insurance covering all family members.
3. Criminal Record Requirement: The sponsor must not have been convicted of any crimes against family order (intentional injury, sexual abuse, breach of family law obligations, etc.) within the last 5 years.
4. Address Registration: Having a registered address in a database (Registration Office) in Turkey.

2.4. Monitoring of "Arranged Marriages"

The administration has the authority to investigate whether marriages in family residence permit applications were entered into solely for the purpose of obtaining a residence permit (fraudulent/collusive).

• Interview and Verification: Immigration officers may visit the home for a verification process or interview the parties individually.
• Conclusion: If it is determined that the marriage is not genuine, the permit will be refused, if granted it will be revoked, and deportation proceedings may be initiated against the foreigner.

2.5. Right to Accompanying Education

Children with family residence permits until the age of 18 without needing to obtain a student residence permit. This is one of the greatest advantages offered by family residence permits.

2.6. Legal Remedies

• Appealing the Rejection Decision: As with other types of residence permits, an appeal against the refusal of a family residence permit can be filed with the Administrative Court within 60 days
• Divorce Status: Foreigners married to Turkish citizens and residing with a family residence permit for at least 3 years can switch to a short-term residence permit in case of divorce (exceptional circumstances such as divorce due to violence may waive the 3-year requirement).

 Note: A family residence permit cannot exceed the duration of the sponsor's residence or work permit. For example, if the sponsor's work permit expires in one year, the family residence permit granted to their spouse will also be limited to one year.

 STUDENT RESIDENCE PERMIT AND RIGHT TO EDUCATION 

Student residence permits are granted to foreigners who will be pursuing associate's, bachelor's, master's, doctoral, Medical Specialization Training (TUS), or Dental Specialization Training (DUS) at a higher education institution in Türkiye.

3.1. Scope of the Right to Education

All foreign children legally residing in Türkiye have the right to education, regardless of language, race, color, gender, religion, or nationality.

• Primary and Secondary Education: Foreign children with family residence permits can attend school until the age of 18 without needing a student residence permit. However, those without family residence permits or those who have reached the age of 18 and are continuing their high school education are required to obtain a "Student Residence Permit".
• Higher Education: The admission of foreign students to universities is based on the principles determined by the Council of Higher Education (YÖK) and the results of the TR-YÖS (Turkish Foreign Student Admission Exam) or equivalent exams conducted by each university

3.2. Student Residence Permit Requirements 

A foreigner must meet the following conditions to obtain this permit:

1. Documentation of Student Status: A current and valid student certificate obtained from the relevant educational institution.
2. Financial Sufficiency: A statement or document proving that you can cover your living, accommodation, and tuition expenses during your studies.
3. Health Insurance: General health insurance (GSS) coverage is possible if applied for within the first three months of registration; otherwise, private health insurance is mandatory.
4. Address Information: The full address of the place of stay in Turkey (dormitory, rental agreement, etc.).

3.3. Duration and Limitations of the Permit

• Duration: The student residence permit is limited to the duration of the student's studies. If the study period is less than one year, the permit duration cannot exceed the study period.
• Educational Change: In case of a change of faculty or department within the same university, or a change of university within the same city, the student may continue to use their existing leave, provided they notify the authorities of their situation. If moving to a different city, a residency application must be submitted within 20 days.

3.4. Right to Work for Foreign Students 

The rules for work permits for foreigners residing in Türkiye with a student residence permit are as follows:

• Undergraduate and Associate Degree Programs: Students can obtain a work permit after their first year of study. For associate and undergraduate students, the maximum working time 30 hours (part-time).
• Postgraduate (Master's/Doctorate): There are no time restrictions for students at this level; they can work full-time provided they obtain permission from the Ministry of Labor and Social Security.

3.5. Cancellation and Refusal of Permission 

Student residence permits will be denied or revoked in the following cases:

• It becomes clear that the education cannot be continued (due to absenteeism, failure, etc.).
• It was determined that the permit was used for a purpose other than its intended purpose.
• Having a deportation or entry ban order against them.

3.6. Competent and Authorized Court

In cases of student residence permit refusals or disputes related to university registration:

• Administrative Lawsuit: An appeal for annulment against the decisions of the Provincial Migration Administration can be filed in the Administrative Court within 60 days .
• Suspension of Execution: In these cases, a request for a "stay of execution" is vital to ensure that the student's right to education is not interrupted.

Note: Half (1/2) of the time spent in Turkey with a student residence permit is taken into account when calculating the 8-year period required for a "Long-Term Residence Permit" application. For other types of residence permits, the entire period is calculated.

LONG-TERM RESIDENCE PERMIT 

Long-term residence permits are a status that maximizes the legal security of foreigners who have become settled in Türkiye. Foreigners who obtain this permit can enjoy most of the rights granted to Turkish citizens, with the exception of political rights such as military service, voting, being elected, and becoming a village headman.

4.1. The "8 Years" Requirement for Application 

The most basic requirement is that the foreigner must have resided in Turkey continuously for at least 8 years with a residence permit.

• Duration Calculation: Half (1/2) of the time spent with a student residence permit and the full duration of other residence permits (short-term, family, etc.) are included in the calculation of this 8-year period.
• Continuous Stay: Stays abroad exceeding a total of 365 days within the last 5 years, or exceeding 6 months at a time, may interrupt the residency period (except for special circumstances and humanitarian reasons).

4.2. Material and Social Conditions 

Completing the 8-year period alone is not sufficient; the following cumulative conditions demonstrating the foreigner's integration into society are required:

1. Not Having Received Social Assistance: Applicants must not have received any social assistance within the last 3 years prior to the application date
2. Financial Sufficiency: Having a sufficient and regular source of income to support oneself and, if applicable, one's family.
3. Health Insurance: Having valid health insurance.
4. Public Order and Security: Not posing a threat to public order or public security (This is the area where the administration has the broadest discretion).

4.3. Rights Provided by Long-Term Residence Permit

Foreigners holding this permit enjoy the same rights as Turkish citizens, with the following exceptions:

• There is no military service obligation.
• They do not have the right to vote or stand for election.
• They do not have the right to enter public service (civil service).
• Vehicle import exemptions (such as blue license plates) do not apply.
• Right to Work: Foreign nationals holding long-term residence permits can work without needing a separate work permit, subject to relevant legislation.

4.4. Cancellation of Permission 

Long-term residence permits are valid indefinitely but can be revoked under the following circumstances:

• The foreigner poses a serious threat to public order or public security.
• Being outside of Turkey for more than one year continuously for a reason other than health, education, or mandatory public service in one's country

4.5. Competent and Authorized Court

• Cancellation or Rejection Decision: In case of rejection of the application or cancellation of the permit, a lawsuit may be filed in the Administrative Court within 60 days from the date of notification .
• Strategic Note: In these cases, the content of the concepts of "calculation of the 8-year period" and "public security" should be discussed based on technical expert analysis or precedents.

Academic Note: A long-term residence permit is the most prestigious alternative to citizenship for foreigners who do not wish to relinquish their citizenship but want to reside permanently in Turkey.

 DEPORTATION DECISION AND JUDICIAL REVIEW

Deportation decisions are regulated in Articles 52 to 60 of Law No. 6458. This decision is the official state confirmation that a foreigner's right to stay in Türkiye has ended and that they must leave the country.

5.1. Who is subject to deportation orders? 

The main reasons directly related to the refusal of a residence permit are as follows:

• Those whose residence permit extension applications have been rejected and within 10 days .
• Those whose residence permits have been revoked.
• Those who violate the validity period of their visa or residence permit by more than 10 days
• Those found to be working without a work permit.
• Those who pose a threat to public order, public safety, or public health.

5.2. Invitation to Leave Türkiye

Foreign nationals facing deportation are, as a rule, given a period of up to 30 days, but no less than 15 days, to leave the country

• Exception: This grace period does not apply to those at risk of escape or disappearance, those who violate legal entry and exit regulations, or those with links to terrorist organizations; they are directly placed under "administrative detention" and deported.

5.3. Administrative Detention Decision and Repatriation Centers (RDCs)

A foreigner who has been ordered deported in Repatriation Centers (GGM) by a decision of the governor's office if there is a suspicion that they may flee.

• Duration: The administrative detention period is a maximum of 6 months. However, it can be extended by another 6 months if the deportation process cannot be completed due to the foreigner's lack of cooperation or technical problems related to their country.
• Appeal: against the administrative detention decision with the Magistrates' Court . The judge will issue a decision within 5 days, and this decision is final.

5.4. Legal Remedy: Suspension of the Deportation Order 

This is the most critical avenue for seeking redress in immigration law.

• Time Limit for Filing a Lawsuit: An appeal for annulment can be filed with the Administrative Court within 7 days of the notification of the deportation decision .
• Automatic Suspension of Execution: Unlike other administrative cases, a lawsuit filed against a deportation order automatically suspends the deportation of the foreigner. This means that the foreigner cannot be sent out of the country until the court case is concluded (except for serious exceptions such as terrorism and public security).
• Finality: The administrative court's decision on this matter is final; there is no right of appeal or cassation.

5.5. Persons Who Cannot Be Deported

Even if grounds for deportation exist, the following individuals cannot be deported on humanitarian grounds:

1. Those for whom there are serious indications that they will face the death penalty, torture, or inhumane treatment in the country they are going to.
2. Those who travel is risky due to serious health problems, age, or pregnancy.
3. Those who are receiving treatment in Türkiye for life-threatening illnesses and for whom treatment is not available in the country they are going to.

Note: The biggest mistake in practice is obtaining a deportation order while waiting for the 60-day period for filing a lawsuit against a residence permit refusal. As soon as the deportation order is served, within 7 days . Otherwise, the foreigner will be sent out of the country even if the residence permit lawsuit is ongoing.