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According to the article 19 of Law on Foreigners and International Protection numbered 6458; foreigners who would stay in Turkey beyond the duration of a visa or a visa exemption or, in any case longer than ninety days should obtain a residence permit. The residence permit shall become invalid if not used within six months.It should be stated that the total duration of stay of foreigners who visit Turkey as tourists cannot exceed 90 days in any 180 days period. Foreigners who intend to stay in Turkey longer than mentioned period (90 days in 180 days period), are required to apply for residence permit.The exemptions from the residence permits are regulated under the abovementioned Law. Foreigners who listed in the article 20 are not required to obtain residence permit. You may check the article 20 by clicking here.
The purpose of the visit is important to determine the type of residence permit. The types of residence permit are as follows:
- Short-term residence permit
- Family residence permit
- Student residence permit
- Long-term residence permit
- Humanitarian residence permit
- Victim of human trafficking residence permit.
A short-term residence permit may be granted to the foreigners listed in the article 31. The foreigners who:
arrives to conduct scientific research; owns immovable property in Turkey; establishes business or commercial connections; participates in on-the-job training programmes; arrives to attend educational or similar programmes as part of student exchange programmes or agreements to which the Republic of Turkey is a party to;wishes to stay for tourism purposes; intends to receive medical treatment, provided that they do not have a disease posing a public health threat;is required to stay in Turkey pursuant to a request or a decision of judicial or administrative authorities;transfers from a family residence permit; attends a Turkish language course;attends an education programme, research, internship or, a course by way of a public agency;applies within six months upon graduation from a higher education programme in Turkey.
Short-term residence permits shall be issued with maximum one-year duration at a time.
A family residence permit may be granted to the foreigners listed in the article 34. A family residence permit for a maximum duration of two years at a time may be granted to the:
foreign spouse; foreign children or foreign minor children of their spouse; dependent foreign children or dependent foreign children of their spouse
of Turkish citizens, persons within the scope of Article 28 of Law numbered 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries.It must not be forgotten; the duration of the family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances whatsoever.
A student residence permit shall be granted to foreigners who shall attend an associate, undergraduate, graduate or postgraduate programme in a higher education institution in Turkey.The student residence permit shall not entitle the parents as well as more distant family members of the foreigner the right of obtaining residence permit.In cases where the period of study is less than one year, the duration of the residence permit shall not exceed the period of study.
A long-term residence permit shall be issued by the governorates, upon approval of the Ministry, to foreigners who;
have continuously resided in Turkey for at least eight years with a permit or, foreigners who meet the conditions set out by the Migration Policies Board.
A humanitarian residence permit with a maximum duration of one year at a time, upon approval of the Ministry may be granted and renewed by the governorates without seeking the conditions for other types of residence permits, under the following cases:
where the best interest of the child is of concern; where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be removed from Turkey or their departure from Turkey is not reasonable or possible; in the absence of a removal decision in respect of the foreigner pursuant to Article 55 of The Law numbered 6458; where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77 The Law numbered 6458; throughout the removal actions of the applicant to the first country of asylum or a safe third country; in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency or in view of the protection of the national interests as well as reasons of public order and security, in the absence of the possibility to obtain one of the other types of residence permits due to their situation that precludes granting a residence permit; in extraordinary circumstances.Foreigners that are granted humanitarian residence permit should get registered with the address based registration system no later than twenty working days as of the issuance date.
A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims with a view to allow them to break from the impact of their [negative] experience and reflect on whether to cooperate with the competent authorities.The conditions required for issuing other types of residence permits shall not be required for the issuance of such permit. The residence permit granted to allow for recovery and reflection may be renewed for six months periods for reasons of safety, health or special circumstances of the victim. However, the total duration shall not exceed three years under any circumstances whatsoever.
From 18 May 2015 Turkish Residence Permit applications have to be made online and direct to the Directorate General of Migration Management. Documents for each type of residence permit applications are different and detailed depending on the status and legal purpose of applicant.
Residence permit applications shall be made to the consulates of Turkey in the foreigner’s home country or, in some cases, the application may be filed in Turkey.
Article 24 of the concerned Law states that the duration of a residence permit may be extended by the governorates. Applications for renewal shall be made to the governorates within sixty days prior to the expiration of the residence permit and, in any case, before the expiration of the residence permit. Those who apply for the extension of the duration of the residence permit shall be issued a document not subject to fee. Such foreigners may reside in Turkey by virtue of this document pending a decision regarding their application, even if their residence permits have expired.
If you wish to learn more about the residence permit and/or get a residence permit or renew your residence permit, please contact us today!