Family Reunification in Turkey

Family Reunification in Turkey allows foreign nationals to live legally in the country based on marriage or family ties to a Turkish citizen/resident. This comprehensive guide covers eligibility, sponsor requirements, financial conditions, child dependents, divorce implications, and common pitfalls—including how authorities detect fraudulent “marriages of convenience.” Learn the key rules to maintain legal residency and avoid permit cancellation.

A. General Introduction to Family Reunification in Turkey

The family reunification is a legal designation granted to a foreign national allowing them to reside in the country on the basis of their marriage to a Turkish passport/residency permit holder. The following elucidation will be presented for our audience below.

1. Sponsor in the Family Reunification in Turkey

The sponsor is a legal term referring to a Turkish citizen or a foreigner legally residing in Turkey who undertakes the expenses of foreigners coming to Turkey for Family Residence Permit and is indicated by those applying for a Family residence permit in Turkey. One of the necessary conditions for the issuance of a family residence permit in Turkey is that the sponsor possesses one of the documents that allow residence in Turkey.

The following statuses are respectively eligible to be a sponsor:

1. “Turkish citizens,”
2. “Persons who have lost Turkish citizenship by obtaining permission to renounce it,”
3. “Those who have a residence permit regulated in the Law, provided they have been staying in Turkey with a residence permit for at least one year,”
4. “Refugees and persons with subsidiary protection status,”
5. “Persons with an identity document recognized as equivalent to a residence permit (excluding applicants for international protection, conditional refugees, and those under temporary protection).”

Therefore, it is possible for Turkish citizens, those who have acquired Turkish citizenship through recognition, foreigners with one of the residence permits, and those with refugee or subsidiary protection status to act as sponsors for acquiring a family residence permit in Turkey.

2. Sponsored foreigners in the Family Reunification in Turkey

The foreigners who can benefit from the support provided by the sponsor are:

1. “The foreign spouse of the sponsor,”
2. “The minor child of the sponsor or the spouse,”
3. “The dependent and adult child of the sponsor or the spouse.”

The sponsor is required to prove that they earn a net monthly income at least equal to the minimum wage and an amount equivalent to one-third of the minimum wage for each family member. For a foreigner with more than three family members, they must comply with the “minimum wage/3” rule, while for three or fewer family members, they must earn at least the “minimum wage.” Although priority is given to the foreigner’s declaration, proof may be requested for unconvincing declarations.

The general rule is to benefit the foreigner’s spouse and children from the marriage. If the foreigner has more than one spouse, only one of the spouses will be granted a family reunification in Turkey. Multiple marriages may be possible under the law of the foreigner’s country. However, if the foreigner has more than one spouse, they cannot act as a sponsor for each spouse under the family reunification in Turkey. These individuals retain the right to apply for different types of residence permits.

3. Children in the Family Reunification in Turkey

It is possible to benefit “minor and mentally healthy children from the foreigner and the spouse’s different marriages” from the family reunification in Turkey. If the child is not mentally healthy or unable to maintain their vital functions due to other reasons, the application can still be positively concluded.

In applications for family reunifications for children, “the consent of the parent with joint custody who is outside Turkey” is required. In cases where parental responsibilities regarding custody are determined by a court decision, whether it is joint custody or other matters, the approval of the responsible parent who is not in the country is needed.

Family reunifications provide the right to education in primary and secondary education institutions without obtaining a student residence permit until the age of eighteen. Since the foreign child will not complete 18 years of age until finishing primary, middle, and high school, they will benefit from the opportunities brought by compulsory education. In this regard, the family does not need to apply for a residence permit or take any other action. Once the foreigner turns 18 and becomes an adult, it is not assumed that the legal representative is obliged to take care of them. Foreigners who are not obliged to be taken care of by their legal representatives after turning 18 are required to obtain a student residence permit if they will continue their education. Of course, as mentioned, those who cannot perform their vital functions or are not mentally healthy will be considered in need of care and are exempt from this rule. Thus, foreigners who are obliged to be taken care of by their legal representatives will continue their family reunification in Turkey and benefit from the rights provided by the student residence permit. However, the determination of the obligation to take care of someone will be made according to the Social Security Law.

4. Residence Permit in Case of Divorce

In case of divorce, a foreigner married to a Turkish citizen may be granted a short-term residence permit, provided that they have resided with a family residence permit in Turkey for at least three years. The foreigner in question retains the right to apply for another type of residence permit that they meet the requirements for. As understood, divorcing after three years will not directly lead to the cancellation of the residence permit.

Those who have stayed in Turkey for at least three years with a family reunification and have turned eighteen can, if they request, convert this permit into a short-term residence permit or apply for another type of residence permit that they meet the requirements for.

Foreigners who are victims of domestic violence can be granted a short-term residence permit without the time requirement, provided they bring a court decision. Finally, in the event of the sponsor’s death, the permit will be valid until the end of the granted period. At the end of the period, the right to apply for different reasons remains.

5. Cancellation or non-renewal of Sponsor’s Permit

The following conditions must be met by the sponsor, otherwise the situation will lead to cancellation or non-renewal for the sponsor’s residence permit:

• “Having a total income not less than the minimum wage and a monthly income not less than one-third of the minimum wage per family member,” as understood, the “foreigner” whose income falls below the specified “minimum wage/3” level will lose their status as a sponsor.
• “Having accommodation conditions that meet general health and safety standards according to the family size and having health insurance covering all family members,” the “foreigner” who cannot find a living place suitable for the family’s conditions and qualifications or provide the necessary health insurance cannot be a sponsor.
• “Documenting with a criminal record that they have not been convicted of any crimes against family order within five years as of the application date,” if the foreigner has received a final sentence for such crimes in any of the countries they have stayed in within five years, the foreigner cannot be a sponsor.
• “Having been residing in Turkey with a residence permit for at least one year,” if the foreigner does not meet this condition, they cannot be a sponsor.
• “Having a registered address in the address registration system,” having a registered address is already one of the application requirements. However, if they change their address but fail to notify the relevant authority, their residence permit may be canceled for this reason.

1. Cancellation or Non-Renewal of Non-Sponsor’s Permit

The following conditions are required for foreigners who will apply for a “family reunification” to stay with the sponsor in Turkey:

• “Providing information and documents showing that the foreigner’s spouse, the foreigner’s own or spouse’s minor foreign child, or the foreigner’s own or spouse’s dependent foreign child,”
• “Demonstrating the intention of the foreigner’s spouse, the foreigner’s own or spouse’s child, or the foreigner’s own or spouse’s dependent child to live with the sponsor,”
• “Not marrying solely for the purpose of obtaining a family reunification,”
• “Both spouses must be at least eighteen years old.” These conditions must be met by both the sponsor and the foreigner benefiting from the support.
• “Passports, visas, residence permits, or equivalent documents must not be fake.”
• “If short-term residence permits are not granted after the conditions for obtaining a family reunification cease to exist, the family reunification in Turkey will be canceled.”
• “A family reunification cannot be granted to a foreigner who has a valid deportation or entry ban decision to Turkey, whether as a sponsor or beneficiary.”
• “If it is determined that the family reunification in Turkey is used for purposes other than its intended purpose, the issued family reunifications will be canceled and will not be extended when they expire.”
• “If the foreigner stays abroad for more than one hundred eighty days in total in the last year, except for compulsory public service, duty, education, or health reasons, the family reunificationwill be canceled, and the current family reunifications will not be extended.”
• “If it is determined that the marriage was contracted for the purpose of obtaining a residence permit, thepermit for family reunification will be canceled.” However, we will examine this in more detail below.

B. Arranged Marriages for the Purpose of Obtaining a Family Reunification in Turkey

 The institution of marriage is one that is sanctified and protected by our constitution and laws, just as it is in all matters. There are certain consequences associated with it. Some of these can be classified as intra-marital relations and the personal status of the spouses, distribution and participation in the wealth, custody of the children, sharing of domestic responsibilities, and finally, participation in inheritance rights. Of course, it is reasonable that any omitted institution here might exist due to the intricate nature of the relationship.

However, this article will try to detail the marriage of foreigners and its reflections on residence permits, especially which situations will be defined as “arranged marriages” for foreigners. In the presence of one or more of the following situations, it is accepted that there is reasonable suspicion that the marriage is conducted solely to obtain a residence permit, and an investigation is conducted:

• “The existence of a report or complaint that the spouses do not live in the same residence or that the marriage does not continue within the family unity,” since the expected behavior from the marriage is for the spouses to live together in a “shared residence,” any deviation from this constitutes “reasonable suspicion” of misuse of the family reunification by the authorities.
• “The lack of a common language spoken by the spouses,” since the spouses are expected to understand each other at least through a “common language” in their relations, “the lack of a common language” will lead to reasonable suspicion of misuse of the family reunification in Turkey.
• “An unreasonable age difference between the spouses” also constitutes “reasonable suspicion” of misuse of the family reunification.
• “The foreigner’s violations of visa or residence permit” will also lead to reasonable suspicion of misuse of the Family Reunification in Turkey since the foreigner is expected to take the necessary bureaucratic steps to live with their spouse without error.
• “The spouses declaring that the marriage is arranged” directly indicates the misuse of the family reunification in Turkey to the official authorities.
• “One of the spouses having been dealt with for earning a living through illegitimate means or working without permission,” especially noting that those dealt with for immoral crimes (prostitution) fall into this category.

Marriages that meet any of the above criteria will be considered “arranged marriages” and assumed to misuse the “Family Reunification in Turkey.” The emergence of related issues depends on “conducting an investigation.” Any conducted investigation should adhere to the following criteria:

• “Avoiding behavior that disturbs and dishonors individuals during the investigation.”
• “Taking necessary measures to ensure the privacy of private life and the inviolability of the domicile.”
• “Interviewing the spouses separately and together. The spouses are obliged to comply with the interview invitation.”
• “Determining whether shared responsibilities exist.”
• “Obtaining information from close neighbors, the address environment, or family members.”
• “Obtaining information from local units. These units are obliged to fulfill the requests for information and documents immediately.”
• “Utilizing sociologists, social workers, psychologists, or other professionals during the investigation. If necessary, law enforcement personnel can be requested to accompany the investigation.” Although the criteria mentioned are specified, the ministry is authorized to add to these criteria. Even after the family reunification in Turkey is granted, the governorates can conduct inspections to determine whether the marriage is arranged. Finally, the periods obtained due to these residence permits will not provide any rights to the foreigner.

The decision to be made as a result of the investigation: To evaluate and determine whether the marriage was conducted solely to obtain a residence permit, a commission is formed with the participation of a representative of the provincial directorate of family and social policies, the provincial directorate of population and citizenship, and the provincial police department, under the chairmanship of a representative of the provincial directorate, with at least one female member. The commission makes its decisions by an absolute majority. In case of a tie, the vote cast by the commission chairman is considered the majority.

• “Obtaining information from close neighbors, the address environment, or family members.”
• “Obtaining information from local units. These units are obliged to fulfill the requests for information and documents immediately.”
• “Utilizing sociologists, social workers, psychologists, or other professionals during the investigation. If necessary, law enforcement personnel can be requested to accompany the investigation.” Although the criteria mentioned are specified, the ministry is authorized to add to these criteria. Even after the Family Reunification in Turkey is granted, the governorates can conduct inspections to determine whether the marriage is arranged. Finally, the periods obtained due to these residence permits will not provide any rights to the foreigner.

The decision to be made as a result of the investigation: To evaluate and determine whether the marriage was conducted solely to obtain a residence permit, a commission is formed with the participation of a representative of the provincial directorate of family and social policies, the provincial directorate of population and citizenship, and the provincial police department, under the chairmanship of a representative of the provincial directorate, with at least one female member. The commission makes its decisions by an absolute majority. In case of a tie, the vote cast by the commission chairman is considered the majority.