Family Residence Permit: Unity

1. INTRODUCTION TO FAMILY RESIDENCE PERMIT

Prior to delving deeper into the family residency permit, it is imperative that foreign nationals comprehend the necessity of obtaining a visa or visa exemption in order to enter Turkey. In any case, foreign visitors must have a firm basis for their stay in Turkey. Otherwise, without prior stay, there is no basis for justification to stay within Turkey.

Keep in mind that foreign nationals must enter and stay for some time before applying for a family residence permit, so the sponsoring foreign national must obtain a visa, visa equivalent, or residence permit within Turkey to justify this application.

1.1. Sponsor in Family Residence Permit

A sponsor is a legal term referring to the Turkish citizen or legally residing foreigner in Turkey who supports the expenses of foreigners coming to Turkey for the purpose of family unity and is the basis for the application made by those requesting a residence permit. The first requirement for the issuance of a family residence permit in Turkey is that one of the documents granting the right to reside in Turkey must be possessed by the sponsor. The statuses listed are as follows:

• Turkish citizens,

• Persons who have lost Turkish citizenship by obtaining permission to renounce it,

• Those who hold one of the residence permits regulated in the Law, provided that they have resided in Turkey for at least one year with a residence permit,

• Refugees and holders of subsidiary protection status,

• Those with an identity document accepted as equivalent to a residence permit in the Law (excluding international protection applicants, conditional refugees, and those under temporary protection) meet the conditions to be a sponsor.

Therefore, Turkish citizens, those who have acquired Turkish citizenship by recognition, foreigners holding one of the residence permits, refugees, and holders of subsidiary protection status can be sponsors in obtaining a family residence permit.

1.2. Non-Sponsor foreigners in Family Residence Permit

Foreigners who can benefit from the support provided by the sponsor are as follows:

• The foreign spouse of the sponsor,

• The minor child of the sponsor or spouse,

• The adult and dependent child of the sponsor or spouse can receive a family residence permit through this support.

The sponsor is responsible for proving that they earn a net minimum wage on a monthly basis and that they earn at least one-third of the minimum wage for each family member. A foreigner with more than three family members must comply with the "minimum wage/3" rule, while if there are three or fewer family members, they must earn the "minimum wage." Although the foreigner's statement is prioritized, evidence may be requested for unconvincing statements.

The general rule is to benefit the foreigner's spouse and children from the marriage. It is possible for a foreigner to have more than one spouse. If the sponsor is married to more than one spouse according to the law of their country, a family residence permit is issued to only one of the spouses. Although a foreigner may have multiple marriages according to their own law, they cannot be a sponsor for all their spouses due to a "family residence permit." These individuals have the right to apply for different types of residence permit.

1.3. Children in Family Residence Permit

Foreigners and their spouses' minor children from different marriages and those who are mentally sound can benefit from the "family residence permit." If the child is not mentally sound or is unable to sustain vital functions due to other reasons, the application may still be positively concluded.

In cases where a joint custody parent is outside of Turkey, the consent of the other parent is required for the child's family residence permit requests. A foreigner with responsibilities over a child through a court decision needs the approval of the absent responsible parent.

Family residence permits provide the right to education in primary and secondary education institutions without the need for a student residence permit until the age of eighteen. The foreign child will benefit from the opportunities of compulsory education until the age of 18, as they will not complete 18 years of age. There is no need for the family to make a separate application for a residence permit or any other process. Once the foreigner turns 18 and becomes an adult, it is not considered that their legal representative is obligated to care for them.

Foreigners who turn 18 and are no longer obligated to be cared for by their legal representative must obtain a student residence permit or other residence permit if they wish to continue their education. However, those who cannot perform vital functions or are not mentally sound will be considered in need of care, and this rule will not apply.

Therefore, foreigners who are legally obligated to be cared for by their legal representative will continue with their family residence permit and will benefit from the rights provided by the student residence permit. However, determining the obligation to care for them will be according to the Social Security Law.

1.4. Family Residence Permit in Case of Divorce

In cases of divorce, a foreigner married to a Turkish citizen may be granted a short-term residence permit, provided they have stayed with a family residence permit for at least three years. The foreigner also retains the right to apply for another type of residence permit if they meet the requirements. As can be understood, getting divorced after three years will not directly result in the cancellation of the residence permit.

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

Foreigners who are victims of domestic violence can be granted a short-term residence permit without the requirement of a time condition, provided they present a court decision. Finally, in the event of the sponsor's death, the permit will remain valid until the end of the term. Upon expiration, the right to apply for different reasons is reserved.

1.5. Cancellation or Non-Renewal of Family Residence Permit - Sponsor

The following conditions are mandatory for the sponsor:

• Having a total income that is not less than the minimum wage and not less than one-third of the minimum wage per family member, as can be understood, a foreigner whose income falls below the "minimum wage/3" level will lose their status as a sponsor.

• Possessing accommodation conditions suitable for the general health and safety standards according to the family size and having health insurance covering all family members, a foreigner who cannot find a place to live suitable for the family's conditions and qualifications or cannot provide the necessary health insurance cannot be a sponsor.

• Proving with a criminal record that they have not been convicted of any crimes against the family order within five years as of the application date. If the foreigner has been sentenced in any country where they resided within five years for such crimes, they cannot be a sponsor.

• Having resided in Turkey with a residence permit for at least one year; if the foreigner fails to meet this condition, they cannot be a sponsor.

• Being registered in the address registration system is already one of the application requirements. However, if they change their address without notifying the relevant authority, their residence permit may be canceled for this reason.

1.6. Cancellation or Non-Renewal of Family Residence Permit - Non-Sponsor Foreigners

The following conditions will be sought in foreigners who will apply for a "family residence permit" to stay with the sponsor in Turkey:

• Providing information and documents proving that they are the spouse of the foreigner, the minor child of the foreigner or their spouse, the dependent child of the foreigner or their spouse,

• Demonstrating the intention to live with the sponsor foreigner in the case of the foreigner's spouse, their child, or the child of the foreigner's spouse,

• Not having married solely for the purpose of obtaining a family residence permit,

• Being over the age of eighteen for each spouse, are required. These conditions must be met by both the sponsor and the foreigner benefiting from the support.

• The passport, visa, residence permit, or documents replacing them must not be fake.

• If the conditions for obtaining a family residence permit no longer exist, the family residence permit will be canceled if a short-term residence permit is not granted.

• A family residence permit cannot be issued for foreigners who have a valid deportation or entry ban decision for Turkey, whether they are sponsors or beneficiaries.

• If it is determined that the family residence permit is used for purposes other than its intended purpose, the issued "family residence permits" will be canceled, and those whose terms have expired will not be renewed.

• The family residence permit will be canceled if the foreigner has stayed outside of Turkey for more than a total of 180 days in the last year, except for reasons of compulsory public service, duty, education, or health. The "family residence permits" that have already been issued will not be renewed.

• If it is determined that the marriage was conducted solely to obtain a residence permit, the "family residence permit" will be canceled. However, this will be examined in more detail below.

2. MARRIAGES OF CONVENIENCE FOR OBTAINING FAMILY RESIDENCE PERMIT

The institution of marriage, as in every matter, is sanctified and protected by our Constitution and laws. As in every matter, there are certain consequences associated with this issue. Some of these can be classified as the relationship within the marriage, the personal status of the spouses, the distribution and participation in property, the custody of children, the sharing of responsibilities within the home, and finally, participation in inheritance rights. Of course, it is reasonable that some aspects may be overlooked due to the complex nature of the relationship.

However, this article will detail the marriage of foreigners and its implications for residence permits, specifically focusing on the circumstances that will be defined as "marriage of convenience" for foreigners. In the presence of one or more of the following circumstances, it is accepted that there is a reasonable suspicion that the marriage was conducted solely to obtain a residence permit, and an investigation is conducted:

• The spouses do not live in the same household or there is a complaint or report that the marriage is not continuing within the family union, as it is expected that the spouses live together in the "common household," any deviation from this situation constitutes "reasonable suspicion" for the misuse of the family residence permit from the administration's perspective.

• The spouses do not speak a common language, as it is expected that the spouses communicate with each other at least through a "common language," the absence of a common language will lead to reasonable suspicion of the misuse of the family residence permit.

• An unreasonable age difference between the spouses also constitutes "reasonable suspicion" of the misuse of the family residence permit.

• The foreigner has been a party to multiple previous marriages for obtaining a family residence permit, as it is not possible for a foreigner who has made a practice of marrying to obtain a residence permit.

In such cases, interviews and administrative investigations will be conducted, with the cooperation of law enforcement agencies. If there is evidence that the marriage was conducted solely for the purpose of obtaining a residence permit, it will be concluded that the conditions for obtaining a family residence permit no longer exist, and the family residence permit issued to the foreigner will be canceled.