Residence permit in Turkey

a) Issues to be examined regarding residence permits

In our article, we will examine the types, durations, purposes of residence permit applications, conditions for entry into the country, and requirements for application.

i. Conditions to be met during application

Under this heading, we will discuss the conditions that a foreigner who wants to apply for a residence permit in Turkey must meet in the simplest terms. Therefore, a foreigner must meet these conditions when applying for a residence permit in Turkey. Otherwise, the application will be considered inadmissible.

1 - Entry Through Border Gates

According to the "Regulation on the Implementation of the Law on Foreigners and International Protection" dated March 17, 2016, and numbered 29656, article 5 titled "Entry to Turkey"; "Entry to and exit from Turkey shall be through border gates with a valid passport or a document that replaces a passport. The Ministry shall take necessary measures to ensure that this general regulation is not applied in a way that prevents individuals from applying for international protection at border gates." Accordingly, the foreigner must enter the country through the designated border gates and have obtained the necessary documents in accordance with the law.

Therefore, those who enter the country through the permitted border gates, have obtained their visas and passports legally, and have entered through legal means will be able to apply for a residence permit. Let's examine this condition and other documents.

2 - Valid Passport, Visa, and Equivalent Documents

A foreigner who wants to apply must have a passport that is valid for at least 6 months longer than the duration they wish to stay in Turkey. They must also obtain an appropriate visa according to the reason for their stay. Exceptionally, if there are documents that replace a visa or residence permit, the absence of these documents will not be considered a reason for rejection, and the application will be accepted. It should also be noted that these documents exempt the applicant from the obligation to apply for a residence permit. These statuses are respectively: the "Refugee, Conditional Refugee, and Subsidiary Protection Status Document". Additionally, the "turquoise card" will fulfill this role. The visa and visa exemption are not covered in this article due to irrelevance to the topic. For this, it is useful to refer to this article.

In other words, those who hold a "Refugee, Conditional Refugee, and Subsidiary Protection Status Document, Valid Work Permit, Work Permit Exemption Confirmation Document, and Turquoise Card" meet the exemption conditions. A similar situation applies to stateless persons. However, this status will end if they acquire the citizenship of any country, and they will be subject to a 2-year review, and this right will end if they acquire the citizenship of any country.

ii. Conditions that should not be met during the application

Under this heading, we will discuss the conditions that a foreigner who wants to apply for a residence permit in Turkey should not meet in the simplest terms. Therefore, a foreigner must not meet these conditions when applying for a residence permit in Turkey. Otherwise, the application will be considered inadmissible.

"Foreigners who do not have a passport or a document that replaces a passport, which is valid for at least sixty days longer than the requested visa/residence permit period, those who are banned from entering, those who are considered a threat to public order or public security, those who carry diseases that are considered a threat to public health, those who are accused or convicted of crimes that constitute the basis for extradition, those who do not have valid health insurance, those who do not have sufficient financial means, those who do not accept to pay the debts arising from visa violations or previous residence permits or debts to the public, those who do not accept to pay the debts and fines followed under the Penal Code" will be considered banned.

The only exception to this is if the "Ministry of Interior" grants a visa exceptionally. Apart from this situation, the mentioned individuals are deprived of the ability to obtain a visa and therefore the ability to enter the country. This type of visa is called a "visa with annotation".

b) General principles related to the application

i. Application Period

The period for submitting the application begins 60 days before the expiration of the "legal residence permit". The application must be submitted before the previous residence permit expires. Although the regulation states that the applications of foreigners who miss the application period by up to 10 days will be accepted, exceeding the period is considered a reason for rejection "by judicial authorities".

ii. Place of Application

The foreigner applying for a residence permit must submit their application to the relevant authorities. Abroad, these authorities are the foreign representations of the Ministry of Foreign Affairs and intermediary firms authorized by the Ministry of Foreign Affairs, while domestically, the application will be made to the governorship.

iii. Duplicate Application

If the foreigner's residence permit application is rejected for any reason, the foreigner should not reapply with the same reason within 180 days from the date of rejection. This application will be considered "duplicate" and will be directly rejected by regulation. Therefore, they will need to present a new reason within the specified period. This rule has 3 exceptions:

• Applications for "short-term residence permits" made by those whose short-term residence permit was canceled because they stayed abroad for 120 days within the last year despite having obtained one of the short-term residence permits;
  

• Applications for "family residence permits" made by those whose family residence permits were canceled because they stayed abroad for more than 180 days within the last year despite holding a family residence permit;
  

• Applications for "long-term residence permits" made by those who had acquired the right to a long-term residence permit but had it canceled because they stayed abroad for "one year" continuously. These are considered exceptions.

The application made will not be directly rejected as a "duplicate application". Therefore, it must be taken into consideration.

iv. Completion of Missing Documents

If the documents related to the application are incomplete, the foreigner will be asked to complete them "within 30 days". If the foreigner fails to complete the application documents within the given period, the application will be considered as not submitted and will be canceled. In case of cancellation, the foreigner will be considered as not having applied and if they wish to reapply, the application will be evaluated based on the conditions of the day they make the second application.

For example, a foreigner named Y has a valid visa to stay in Turkey from 01.01.2024 to 30.03.2024. A, applied on 29.01.2024 and the application documents were received by "GIGM".

Noticing that some necessary documents are missing in the application, the officer M notified the address provided that the application is incomplete and that these documents should be completed within 30 days on "10.02.2024".

Assuming that the written document containing the notification reached their roommate on the same day, the requirements must be fulfilled by "11.03.2024 (excluding this date)". If not fulfilled, assuming the application was resubmitted on 12.03.2024, the application will be considered a new application. However, if the notification was learned on "11.04.2024", the foreigner would no longer have a reason to stay in the country and would have to leave the country.

v. The foreigner's financial income

Apart from family and long-term residence permits, the foreigner's declaration is considered sufficient for the application, but the foreigner must earn an amount equivalent to "1/3 of the minimum wage" determined in Turkey for that year for each family member. Declarations that are not found credible may be requested to be proven with documents.

vi. The foreigner's health insurance

Health insurance covering the application period is one of the mandatory elements of the residence permit application. Foreigners accepted into the SGK system by foreign countries through mutual agreements will fulfill this obligation by paying the necessary amount to SGK(Turkish National Insurance). Otherwise, the requirement for "private health insurance" will be fulfilled. If the Undersecretariat of Treasury states that it is not possible to issue "health insurance", health insurance will exceptionally not be required.

Health insurance agreements made abroad will only be valid if they are made within the "borders of Turkey". Foreigners who come for any reason for treatment are not required to have "mandatory health insurance".

vii. Start Date of Residence Permits

Regardless of the type, the end date of the permit will be arranged until the date when "60 days" remain for the expiration of the passport or the document replacing the passport. The initial residence permit starts from the date the visa or visa exemption period ends; the extended residence permit starts from the date the previous permit period ends. Changes in residence address, marital status, or changes in name or surname on the passport must be reported within 20 days. In case of moving the address to another city, the foreigner must reapply for a "residence permit".

viii. Period to Leave the Country After Rejection of Residence Permit

Finally, a foreigner whose residence permit application is rejected for any reason must leave the country within 10 days, otherwise deportation order will be enforced - except in cases of "prohibition of deportation." However, those detained, arrested, or imprisoned, or those detained due to administrative detention, or those kept in return centers, do not violate the stay period.

As can be seen, these individuals do not violate the prohibition of stay because they are held in the country by force, against their will, through the use of public power. However, penal action will be taken against them for violations they committed before these periods.

ix. Types of Residence Permits

1. Applications made for scientific research purposes,

2. Applications made for archaeological and surface research purposes,

3. Applications made by foreigners with immovable property,

4. Applications made for commercial connections or business establishment,

5. Applications made to participate in in-service training programs,

6. Applications made for education or similar purposes within the framework of bilateral or multilateral international agreements or student exchange programs,

7. Applications made for tourism purposes,

8. Applications made for learning Turkish,

9. Applications made by those who have completed their higher education.

Why is knowledge of residence permits important?

Because it serves as a gateway to comprehend the legal framework under which foreigners are permitted to reside in Turkey. Acquiring knowledge about residence permits, even at a basic level, can offer substantial assistance when interacting with the authorities, ultimately making a significant impact on your life.

Legal Rights and Responsibilities

Familiarizing yourself with your rights and obligations as a foreign resident can protect you from potential legal issues. Staying updated on any changes in immigration laws or policies can help you make informed decisions about your residency status.

If you want to read more,

See our article about visa requirements namely Turkey Visa Requirements and How to Obtain a Visa from Turkish Authorities or our other article pertaining information about visa in general. If you would like more detailed information, you can also review our FAQ.