Student Residence Permit: Education

Introduction to Student Residence Permit

In an increasingly globalized world, education serves as a bridge connecting people from different cultures and backgrounds. Turkey, known for its rich historical and cultural heritage, has become a popular destination for foreign nationals pursuing higher education. The country offers a diverse range of academic programs and institutions, attracting students from around the globe. However, foreign nationals wishing to pursue higher education in Turkey must adhere to specific rules and criteria. One of the most prominent examples is bureaucratic obstacles, which will be evaluated in this article. Navigating through these legal requirements can be challenging, and it’s crucial to understand the necessary steps and conditions. Here, we will discuss the necessary steps foreign students need to take to obtain a "student residence permit" in Turkey, a vital document that enables them to legally reside and study in the country.

1. General Principles of the Student Residence Permit

Turkey’s legal framework mandates that all foreign students wishing to pursue associate, undergraduate, or postgraduate education within its borders must obtain a "student residence permit." This permit not only allows students to reside in Turkey but also provides them with certain rights and protections under Turkish law. If a student is attending primary, secondary, or high school and does not have a "family residence permit," they are required to obtain a "student residence permit." This regulation applies across the board, ensuring that all foreign students are legally registered in the country. However, there are exceptions to this rule. In all cases, situations related to international protection status holders and international protection applicants are exempt from this requirement. Foreigners who hold international protection status or those who are applicants for such status do not need to apply for a "student residence permit."

When foreigners choose to study at Turkish schools or faculties, the Turkish government facilitates their stay by issuing a residence permit without any fees. This is part of Turkey's efforts to promote education and attract international talent. However, it is important to note that consulate, embassy schools, or international schools are not considered "Turkish schools." These institutions operate under different legal frameworks, and as such, foreign students who wish to study at institutions that fall under the "student residence permit" category are required to pay fees. This distinction ensures that only students enrolled in recognized Turkish educational institutions benefit from the fee exemption. For applications within Turkey for primary and secondary education, an appropriate visa is required. The absence of a visa, therefore, when there is no international agreement concerning visa-free travel, will be considered a breach of terms and an irregular migration. This can have serious legal consequences, including deportation or the imposition of fines.

2. Impact of the Student Residence Permit on the Family

A significant consideration for foreign students in Turkey is the impact of their student residence permit on their family members. The "student residence permit" is primarily intended for the student and does not extend broadly to other family members. Specifically, the permit will only allow the foreign student to support their spouse and children. It is not possible to extend support to other relatives or close associates, such as parents or siblings. This limitation is designed to ensure that the student residence permit is used for its intended purpose – to facilitate the education of the foreign student.

The "student residence permit" will be issued for the duration of the student's enrollment in the registered institution. This means that the permit’s validity is directly tied to the student's academic status. However, if the study period at the registered educational institution is less than one year, the student residence permit duration will not exceed the study period. For instance, if a student enrolls in a short-term course lasting six months, the residence permit will be valid only for those six months. This ensures that the residence permit is aligned with the student's educational needs.

3. Changing Institutions/Programs with a Student Residence Permit

Education is a dynamic process, and students may find themselves needing to change their institution or program during their studies. Turkey's immigration laws account for such changes and provide a framework within which they can occur. Foreign students who are directed to Turkish preparatory classes/courses by their schools, upon documentation, will be issued a student residence permit valid until the start of the next academic term. This provision is particularly important for students who need to improve their Turkish language skills or meet other preparatory requirements before beginning their main course of study. The residence permit in this case provides them with the legal status to stay in Turkey during this preparatory phase.

Students can change their institution or study program if they feel that another institution or program better suits their academic goals. However, it is important to note that both the students and the related educational institutions must notify the provincial directorates within twenty days regarding any changes in enrollment status. This notification is crucial as it allows the Turkish authorities to keep accurate records of the student’s status and ensure that their residence permit remains valid.

The submission of an income declaration, one of the general documents required for a "student residence permit," is also necessary. This document is used to demonstrate that the student has sufficient financial resources to support themselves during their stay in Turkey. Exceptionally, foreign students brought to Turkey through public institutions are not required to submit an income declaration if they can provide a document stating that their food, health, and accommodation expenses will be covered by the relevant institution during their stay in Turkey. This exception underscores the support provided by Turkish public institutions to foreign students, easing their financial burden.

It is possible for a foreign student to change their educational institution or program within the institution, but they must follow the procedure outlined below as of the date of the change:

• If the foreign student changes their faculty or department within the "same province" without interrupting their studies and notifies the authorities within 20 days, the "student residence permit" will remain valid. This provision ensures that students do not lose their legal status while making academic adjustments.

• If the residence permit is shorter than the study period, it will be extended from the expiry date for the duration of the study. This extension process is designed to be straightforward, allowing students to focus on their studies without worrying about their legal status.

• If the student continues their education in a different province, the residence permit will be terminated by the governorate of the province where the education will continue, and it will be extended for the duration of the study. This requirement ensures that the student’s residence permit is updated to reflect their new location, allowing local authorities to maintain accurate records.

4. Application Conditions for a Student Residence Permit

Applying for a student residence permit involves a well-defined process that must be carefully followed to avoid any legal complications. The student residence permit application must be coordinated with the enrolled school. Therefore, the application must be made by the student after the preliminary registration process is completed, according to the established principles. This coordination ensures that the student's enrollment is confirmed before the residence permit is issued, preventing any misuse of the permit.

Exceptionally, preliminary registration is not required for those placed by the International Student Evaluation Board. The General Directorate and the Secretariat of the International Student Evaluation Board will jointly determine the procedures for the application. This special provision facilitates the admission process for students who are evaluated and placed by the board, ensuring that they can begin their studies without unnecessary delays.

Educational institutions may also apply for a student residence permit for those who wish to obtain it from consulates. This provision is particularly useful for students applying from abroad, as it allows them to secure their residence permit before arriving in Turkey.

In applications made on behalf of children under 18, the parent's/parents' consent is mandatory. This requirement ensures that the minor’s guardians approve of the child’s study and stay in Turkey. In cases of joint custody, both parents' consent is required. Consent can also be given in front of the administrative authorities where the application is made, providing flexibility for families residing in different countries. If one spouse and the child are in different countries, the consent of the other spouse regarding the request is required from the parent applying for the child. This stipulation ensures that both parents are involved in the decision-making process, safeguarding the child’s welfare.

In cases where the legal guardian and the child are in different countries, the person accompanying the child must have the legal representative's consent given in front of the competent authorities and a commitment that the accompanying person will take care of the child. As understood from the article, the procedure related to custody includes another person over 18 years of age. This ensures that the child is accompanied by a responsible adult who has the legal authority to care for them.

In any case, if the custody rights are not shared, the legal guardian is authorized to act alone. As required by the article, the rule is that an adult other than the foreign child must carry out these procedures. This provision ensures that all legal responsibilities are clearly defined and that the child’s interests are protected.

However, exceptionally, in cases where the best interest of the child is concerned, the administration initiates and concludes the work and transactions within the scope of the Law ex officio without any consent, request, or application regarding the child. Since issues related to the best interest of the child are considered urgent by court decisions and, if not prevented, are feared to cause greater harm, it seems unlikely that this will be applied in educational matters. In fact, court decisions have found application areas in urgent matters such as health. This exceptional provision underscores the Turkish government’s commitment to protecting the welfare of children, ensuring that their best interests are prioritized in all legal matters.

In terms of duration, the "student residence permit" will be issued from the start date of education until the beginning of the next academic year. This ensures that the student has legal status throughout their academic program. In any case, this period will not exceed one year. Exceptionally, the student residence permit for foreign students who will pursue associate, undergraduate, graduate, or doctoral studies at a higher education institution in Turkey can be issued for the entire duration of the study program from the date of residence permit application. This extended validity period reduces the administrative burden on students pursuing longer-term studies.

The "student residence permit" will be terminated as of the graduation date. This means that once the student completes their studies, their legal status as a student ends, and they must apply for a different type of residence permit if they wish to remain in Turkey. Foreign students whose "student residence permit" is terminated must apply for a "residence permit" within 10 days. This tight timeframe requires students to act quickly to avoid any legal issues.

Foreign students studying in Turkey can work if they obtain a "work permit." The work permit is mandatory for any foreigner to work in Turkey. This requirement ensures that foreign workers are legally employed and protected under Turkish labor laws. When calculating the total duration of residence permits, all periods under the "work permit" will be included. However, when calculating the duration for those working with both a "student residence permit" and a "work permit" simultaneously, the "student residence permit" will not be considered. This distinction is important for students who work while studying, as it clarifies the legal implications of holding both permits. Since the foreigner's stay in the country becomes legal with the "student residence permit," there is no need for a foreigner who has obtained a "work permit" to also obtain a "student residence permit" simultaneously. This provision simplifies the legal requirements for students who transition into the workforce.

5. Refusal, Cancellation, or Non-Renewal of the Student Residence Permit Request

The issuance of a student residence permit is not guaranteed, and there are circumstances under which the permit may be refused, canceled, or not renewed. The student residence permit issued on behalf of a foreign student will not be extended or renewed if any of the following conditions exist:

• The absence of required conditions,

• The disappearance of required conditions,

• Evidence that the student cannot continue their education,

• The determination by the competent authorities that the permit is being used for purposes other than its intended purpose,

• The existence of a valid deportation decision against the foreign student,

• The presence of an entry ban decision to Turkey.

If any of these conditions exist, the application will be rejected, and the permit will be canceled if it has already been issued. This stringent approach ensures that the student residence permit is used appropriately and that any misuse is addressed promptly. The foreigner must leave the country within 10 days following the notification of these decisions. Failure to do so can result in legal consequences, including fines or deportation.

Related Questions:

1. I studied at X University for 2 years. Later, I was accepted to/transferred to Y University. What procedure should I follow?

   If the student changes the faculty or department within the same educational institution or the educational institution within the same province without interrupting their studies and provides timely notification, the existing residence permit will remain valid.

   These foreigners must notify the provincial directorate of migration management within 20 business days about the change in department/faculty/school. If the residence permit is shorter than the study period, it will be extended from the expiry date for the duration of the study.

   If the student continues their education in a different province, the existing residence permit will be terminated by the governorate of the province where the education will continue, and a new residence permit will be issued for the duration of the study. (See Section 3 - Changing Institutions/Programs with a Student Residence Permit)

2. Are fees charged for student residence permits?

   Students studying at Turkish schools or universities are not charged fees. However, foreign students applying to study at consulate, embassy, and international schools are required to pay fees. (See Section 1 - General Principles of the Student Residence Permit)

3. What happens to those who graduate earlier or later than the student residence permit expiration date?

   The student residence permit will be terminated as of the graduation date. Therefore, the foreigner must notify the Turkish university within 10 days of graduation. A foreign student exceeding the study period will be able to obtain a residence permit, each time limited to a maximum of 1 year and overall to the study period.

4. Can a student residence permit be obtained through open education, distance learning, or private education?

   Educational forms such as open education, distance learning, or private education, where direct participation is not required, do not qualify for a student residence permit. Therefore, applications for different types of residence permits can be made.

5. I want to study in Turkey. What should I do?

   A foreigner residing in Turkey with a "family residence permit" can continue their education without applying for a "student residence permit." Persons under 18 must obtain a consent letter, birth certificate, and declaration of commitment from a family member. Additionally, they must acquire an appropriate visa.

6. I enrolled in a Turkish language course. What is the duration of my residence permit?

   A residence permit will be granted to those registered at Tömer for the sole purpose of learning Turkish, valid until the start of the next academic term. This permit is limited to 2 instances. However, if the university directs the student, the "student residence permit" will be issued until the start of the next academic term. Foreigners who come to Turkey to study at a university and cannot enroll due to their lack of Turkish language skills and are directed to a course will be granted a "short-term residence permit" provided they meet the specified conditions.