CONDITIONS FOR OBTAINING RESIDENCE PERMIT IN TURKEY
Granting residence permits to foreigners is a right derived from international law. It not only serves to protect the interests of countries but also aims to prevent adverse situations by ensuring public health and order. This legal document is necessary for every foreign national planning to stay in the country for an extended period, and applications are evaluated by the relevant Provincial Directorate of Immigration Management.
A residence permit is a legal status granted to foreigners who have entered Turkey with a visa or visa exemption. However, it becomes mandatory for those who wish to stay in the country for more than 90 days. This permit is designed not only to protect national interests but also to monitor the presence of foreigners in Turkey and to prevent potential issues in advance. While the administration has the right to reject the residence permit request, individuals also have the right to start the process of residence permit refusal appeal in Turkey.
WHAT IS A RESIDENCE PERMIT IN TURKEY?
Under Turkish law, the state is authorized to set certain conditions regarding the admission of a foreigner to the country. Therefore, foreigners wishing to reside in Turkey must first enter the country in accordance with the provisions of the “Passport Law.” Getting residence permit in Turkey is regulated not only to protect public order and monitor the presence of foreigners in Turkey but also with consideration of national interests.
Once a residence permit in Turkey is obtained, it becomes invalid and is canceled if not used within six months. Legal regulations regarding residence permits emphasize their strategic importance in maintaining public order, preventing adverse situations, and identifying foreigners residing in the country.
Since residence permits concern the interests and paramount benefits of countries, there is no obligation to accept residence permit applications. Each country determines the conditions for granting residence permits to foreigners through legal regulations and reserves the right to exercise discretion in evaluating residence permit applications.
In the event of a residence permit application being denied, the procedure for appeal against residence permit denial in Turkey is determined by the country’s internal law, granting the applicant the right to file a lawsuit to annul the denial decision.
For detailed information about the legislation on foreign nationals in Turkey, please visit our “Foreigners Law” page.
WHAT ARE THE DURATION OF RESIDENCE PERMITS FOR FOREIGNERS IN TURKEY?
A residence permit is a mandatory document for foreign nationals who wish to stay in Turkey for periods not covered by visa durations. Foreign nationals planning to stay in the Republic of Turkey for more than 90 days are required to obtain a residence permit in Turkey.
The durations of residence permits for foreigners vary depending on the type of permit applied for. For example, short-term residence permits are generally granted for up to 2 years, while long-term residence permits, with certain exceptions, are granted indefinitely. Family residence permits are typically issued for a period not exceeding 3 years.
HOW TO GETTING RESIDENCE PERMIT IN TURKEY?
There are two options for getting residence permit in Turkey. Foreigners can apply for a residence permit either from within Turkey or from abroad. The residence permit application in Turkey can be made in person by the individual or through a representative at the place of residence. Additionally, a lawyer can be hired for the residence permit in Turkey.
- Applying for a Residence Permit from Abroad: If foreigners wish to apply from abroad, their residence permit applications are submitted to the Turkish consulates in their respective countries. The consulates review the applications, provide their opinions, and then forward the applications to the Directorate General of Migration Management. The Directorate General evaluates the residence permit applications, taking into account the opinions of relevant institutions, and after making a decision, communicates with the consulate. Applications are finalized within a maximum of 90 days, and the applicant is informed of the outcome.
- Applying for a Residence Permit from Within Turkey: Residence permit applications made from within Turkey are conducted online through the e-residence system. The e-residence application allows the applicant to make an appointment and apply to the Directorate of Migration Management at the place of residence. The Directorate of Migration Management evaluates the applications and carries out the necessary procedures. Additionally, applications made from within Turkey can be accepted by the governorates, depending on the type of permit.
WHAT ARE THE RESIDENCE PERMIT TYPES IN TURKEY?
According to the Law on Foreigners and International Protection, which regulates the residence of foreigners in Turkey, residence permits types in Turkey are categorized into six main types based on different reasons. What are the residence permits types in Turkey?
- Short-Term Residence Permit: This type of residence permit is issued for individuals who wish to reside in Turkey for a short period. It is commonly used for tourism or business purposes. A short-term residence permit can be issued for a maximum of two years at a time.
- Foreigners Coming for Scientific Research: (A permit document related to the scientific research must be submitted during the application process.)
- Foreigners Who Own Real Estate in Turkey: (The property must have residential status.)
- Foreigners with Commercial Connections or Planning to Start a Business: (Invitation letters sent by companies can be presented as a basis.)
- Foreigners Participating in In-Service Training Programs: (Documents detailing who will provide the training and its duration must be submitted.)
- Foreigners Coming for Education or Similar Purposes under Agreements or Student Exchange Programs: (The permit duration will match the education period.)
- Foreigners Staying for Tourism Purposes
- Foreigners Receiving Medical Treatment Provided They Do Not Carry Diseases Deemed a Public Health Threat: (The permit duration will consider the treatment period. Only the person receiving treatment will benefit from this permit, not their attendants.)
- Foreigners Required to Stay in Turkey Due to Judicial or Administrative Decisions or Requests
- Foreigners Switching to a Short-Term Residence Permit after Losing the Conditions for a Family Residence Permit
- Foreigners Attending Turkish Language Courses: (The course must be approved by the Ministry of National Education.)
- Foreigners Participating in Education, Research, Internship, or Training Programs via Public Institutions: (The permit is granted for a maximum of 1 year.)
- Foreigners Graduating from Higher Education Institutions in Turkey and Applying within Six Months of Graduation: (Granted for a maximum of 1 year at a time.)
- Foreigners Not Working in Turkey but Making Investments of Scope and Amount Specified by the Council of Ministers, and Their Foreign Spouses, Minor or Dependent Foreign Children of Themselves and Their Spouses: (The maximum duration is 5 years.)
- Foreigners Who Are Citizens of the Turkish Republic of Northern Cyprus: (The maximum duration is 5 years.)
- Family Residence Permit: This permit is issued for foreigners who wish to live with their family members or for family reunification. A family residence permit is issued for a maximum of 3 years at a time.
- Student Residence Permit: This permit is for international students who wish to study in Turkey. It allows them to stay in the country for the duration of their education.
- Long-Term Residence Permit: This permit is for individuals who wish to reside in Turkey for an extended period, usually for work or business purposes. A long-term residence permit is granted indefinitely.
- Humanitarian Residence Permit: This type of permit is issued for individuals with special circumstances based on human rights considerations. It includes those seeking asylum or those with special needs.
- Victim of Human Trafficking Residence Permit: This permit is for victims of human trafficking, allowing them to reside safely in Turkey.
The conditions for applying for any of these residence permit types in Turkey, as well as the circumstances under which these permits may be denied, canceled, or not extended, are detailed in the Law on Foreigners and International Protection.
CONDITIONS FOR APPLYING FOR A RESIDENCE PERMIT BY PURCHASING A HOUSE IN TURKEY
There have been significant changes in the regulations for foreigners aiming to obtain a residence permit by purchasing a house in Turkey. Previously, foreigners could apply for a residence permit in Turkey based on a rental agreement, but this method was abolished as of July 2022. Under the new regulation, foreigners wishing to getting residence permit in Turkey are required to own real estate, and this requirement is subject to certain conditions.
As of October 16, 2023, foreigners must meet a minimum threshold of 200,000 USD in property value to getting residence permit in Turkey by purchasing a house. To meet this requirement, the sale price on the title deed must be at least 200,000 USD in Turkish Lira, based on the Central Bank’s exchange rate on the day the title deed is obtained. This new regulation necessitates stricter adherence to property ownership conditions for foreigners seeking to getting residence permit in Turkey by purchasing a house in Turkey.
The list of cities where a residence permit can be obtained by purchasing real estate is continuously updated by the administration. Therefore, before applying for a residence permit, it is essential to obtain information from the relevant Metropolitan Municipality.
- Adana – Adana Metropolitan Municipality
- Ankara – Ankara Metropolitan Municipality
- Antalya – Antalya Metropolitan Municipality
- Aydın – Aydın Metropolitan Municipality
- Balıkesir – Balıkesir Metropolitan Municipality
- Bursa – Bursa Metropolitan Municipality
- Denizli – Denizli Metropolitan Municipality
- Diyarbakır – Diyarbakır Metropolitan Municipality
- Erzurum – Erzurum Metropolitan Municipality
- Eskişehir – Eskişehir Metropolitan Municipality
- Gaziantep – Gaziantep Metropolitan Municipality
- Hatay – Hatay Metropolitan Municipality
- İstanbul – Istanbul Metropolitan Municipality
- İzmir – İzmir Metropolitan Municipality
- Kahramanmaraş – Kahramanmaraş Metropolitan Municipality
- Kayseri – Kayseri Metropolitan Municipality
- Kocaeli – Kocaeli Metropolitan Municipality
- Konya – Konya Metropolitan Municipality
- Malatya – Malatya Metropolitan Municipality
- Manisa – Manisa Metropolitan Municipality
- Mardin – Mardin Metropolitan Municipality
- Mersin – Mersin Metropolitan Municipality
- Muğla – Muğla Metropolitan Municipality
- Ordu – Ordu Metropolitan Municipality
- Sakarya – Sakarya Metropolitan Municipality
- Samsun – Samsun Metropolitan Municipality
- Şanlıurfa – Şanlıurfa Metropolitan Municipality
- Tekirdağ – Tekirdağ Metropolitan Municipality
- Trabzon – Trabzon Metropolitan Municipality
- Van – Van Metropolitan Municipality
To determine whether the purchased property meets the legal requirements, a “Valuation Report” or “Expertise Report” prepared by a CMB-licensed Appraisal Expert should be used. This report must be prepared using accepted calculation methods and must certify that the purchased property has a value exceeding 200,000 USD. The Valuation Report will be submitted to the Provincial Directorate of Migration Management along with the application documents and will form part of the application process.
DOCUMENTS REQUIRED FOR GETTING RESIDENCE PERMIT IN TURKEY
The required documents for getting residence permit in Turkey vary depending on the type of residence permit. Therefore, it is essential to check with the Directorate General of Migration Management for the specific list of necessary documents before applying.
After completing the necessary documents for the residence permit in Turkey, applicants should make their application through the E-ikamet system and then visit the Provincial Directorate of Migration Management on the specified appointment date and time. The steps to consider before visiting the Provincial Directorate of Migration Management are as follows:
- Appointment Date and Time: It is crucial to visit the Provincial Directorate of Migration Management on the specified date and time obtained through the E-ikamet system.
- Completing the Required Documents: The documents required by the Provincial Directorate of Migration Management may vary depending on the type of residence permit applied for. The applicant must ensure that all necessary documents are complete.
- Filling Out the Application Form: The residence permit application form should include the applicant’s identity information and the category of permit requested. This form must be filled out and signed.
- Passport and Photocopy: The original passport and its photocopy are among the essential documents to be submitted during the application.
- Biometric Photographs: Usually, biometric photographs that meet ICAO standards are required. The photographs submitted during the application must be recent.
- Health Insurance: Depending on the type of residence permit applied for and the applicant’s age, a health insurance certificate may be required.
- Criminal Record: A clean criminal record is important for assessing the applicant’s reliability.
- Documents Proving Financial Means: Documents proving the applicant’s ability to support themselves financially during the permit period must be submitted.
- Additional Documents: Additional documents required for the specific type of residence permit applied for should also be submitted.
The applicant must prepare these documents completely and visit the Provincial Directorate of Migration Management on the appointment day. It is important to obtain necessary information from officials and provide additional documents if required during the application process.
COSTS FOR APPLICATION OF RESIDENCE PERMIT IN TURKEY
The fees for residence permit applications are updated annually. For 2024, the applicable fees are as follows:
- Residence Permit Card Fee: 356 TL
- Residence Permit Fee: 1040 TL
- Single Entry Visa Fee: 304.20 TL
- Health Insurance Fees: 3000 TL – 4000 TL (varies based on the applicant’s age, mandatory for those under 65)
- Notary and Translation Fees: 2000 TL – 2500 TL
- Apostille Certification Fees: 89.23 TL per page (may not be necessary)
- Attorney Fees: Varies based on the contract with the attorney
It is important to note that citizens of Denmark, Ireland, Kosovo, Nepal, Syria, Turkmenistan, the Czech Republic, and Sri Lanka are exempt from the 1040 TL residence permit fee. Instead, these nationals are required to pay the Single Entry Visa Fee of 2304.20 TL.
The fees mentioned above may vary depending on the residence permit types in Turkey applied for, the applicant’s age, and nationality. Therefore, it is crucial to verify the current fees with the Provincial Directorate of Migration Management or official sources.
WHAT TO DO IF RESIDENCE PERMIT APPLICATION IS REJECTED IN TURKEY?
Foreigners who wish to reside in Turkey apply for a residence permit by collecting the necessary information and documents. Applications are reviewed by the competent authorities and must be completed within 30 days after all documents have been submitted, according to legal regulations. Following the review, the competent authority makes a decision regarding the application of residence permit in Turkey.
If the application is approved, the foreigner can reside in Turkey within the period determined based on the type of residence permit applied for.
However, it is also possible for the competent authority to issue a rejection decision following the review. The rejection decision is communicated to the applicant, who has the right to residence permit rejection appeal in Turkey.
The foreigner can make a residence permit rejection appeal in Turkey to the authority that made the decision within 30 days or file a lawsuit to residence permit rejection appeal in Turkey within the 60-day period following the notification of the rejection decision.
It is important to note that residence permit refusal appeal in Turkey does not suspend the period for filing a lawsuit to cancel the rejection of the residence permit. Additionally, the foreigner’s residence permit refusal appeal in Turkey does not suspend the 10-day period for leaving the country. If the foreigner does not leave the country within the specified 10-day period, deportation may be ordered. Administrative fines may also be imposed in this case. Therefore, it is crucial to adhere to the deadlines during the process of residence permit rejection appeal in Turkey.
PROCESS OF RESIDENCE PERMIT REJECTION APPEAL IN TURKEY
Residence permit refusal appeal in Turkey is a lawsuit filed by foreigners who legally seek the right to reside in Turkey but have had their applications rejected. Foreigners’ residence permit requests can be rejected for various reasons.
Turkish residence permit rejection reasons may include failure to meet the conditions specified in the legislation, submission of incomplete or incorrect documents, or discretionary decisions by the authorities.
The process of residence permit rejection appeal in Turkey requires legal knowledge, technical expertise, and familiarity with legislation. Effectively managing the process and fulfilling the necessary procedures are essential for the plaintiff to obtain a favorable court decision in the residence permit rejection cancellation lawsuit. Therefore, plaintiffs who seek a positive court decision should contact an expert and experienced immigration lawyer in Turkey. The immigration lawyer in Turkey possesses the expertise and knowledge necessary to understand the plaintiff’s situation and provide legal assistance.
HOW LONG IS THE PERIOD TO FILE A RESIDENCE PERMIT REFUSAL APPEAL IN TURKEY?
Administrative procedures related to residence permit applications are fundamentally administrative acts. Therefore, for administrative acts to be lawful, they must meet certain criteria for Turkish residence permit rejection reasons.
When it is determined that one of the elements of purpose, subject, reason, authority, or form of these administrative decisions is flawed, they can be annulled by the court. Administrative courts are responsible for examining these elements and evaluating the legality of the decision for Turkish residence permit rejection reasons.
Foreigners who wish to appeal against a residence permit rejection in Turkey in have the right to file a lawsuit requesting the annulment of the decision if they believe the decision is unlawful. The residence permit rejection cancellation lawsuit must be filed in the administrative court where the authority that made the rejection decision is located.
The period to file a lawsuit is 60 days from the date the rejection decision is communicated to the concerned party. There is the possibility of residence permit refusal appeal in Turkey against the decision of the administrative court. The party wishing to appeal the decision of the residence permit rejection cancellation lawsuit can submit an appeal petition to the court that issued the decision within 30 days from the date of notification of the decision.
TURKISH RESIDENCE PERMIT REJECTION REASONS
Turkish residence permit rejection reasons can be based on various reasons. Before initiating the process of residence permit refusal appeal in Turkey, it is crucial to understand the reason for the rejection. Factors leading to the rejection of an application may include failure to meet application requirements, incorrect procedural steps, or errors in timing.
The rejection of a residence permit application in Turkey typically occurs when there is at least one reason for rejection. Therefore, it is essential to determine whether such a reason exists for the applicant.
Turkish residence permit rejection reasons are regulated in various legal provisions concerning foreigners. Some of these reasons may apply to all types of residence permits, while others may be specific to certain residence permit types in Turkey.
The rejection of residence permit applications generally relies on similar grounds, and these general reasons for rejection can be applicable to most types of residence permits. Common Turkish residence permit rejection reasons are specified in legislation concerning foreigners include:
- Insufficient or Fake Passport and Relevant Documents: A rejection decision may be issued if the applicant’s passport, substitute passport document, visa, or residence permit is missing, invalid, or fake.
- Lack of Entry Documents: Individuals without a valid passport within 60 days after the expiration of the visa, visa exemption, or residence permit necessary for entry to Turkey may face rejection.
- Entry Bans: Residence permits may not be granted to individuals banned from entering Turkey.
- Threat to Public Order or Security: A rejection decision may be made if the applicant is deemed to pose a threat to public order or security.
- Health Condition: A rejection decision may be issued if the applicant carries a disease that could endanger public health upon entry to or stay in Turkey.
- Extradition of Criminals: Individuals who do not meet the conditions for the extradition of criminals as per agreements Turkey is a party to may not be granted a residence permit.
- Lack of Health Insurance: A rejection decision may be made if the applicant does not have valid health insurance for the duration of their stay in Turkey.
- Insufficient Financial Means: Residence permits may not be granted if the applicant does not have sufficient financial means for the duration of their stay.
- Visa Violations or Debts: A rejection decision may be issued if the applicant has previous visa violations, unpaid debts, or pending penalties.
During the residence permit application process, attention should be paid to these general reasons for rejection, and all necessary documents should be submitted without omissions, adhering to application requirements. Before commencing the residence permit refusal appeal in Turkey for a rejected residence permit application, seeking legal assistance from an immigration lawyer in Turkey is advisable.
SHOULD A FOREIGNER WHOSE RESIDENCE PERMIT IS REJECTED LEAVE THE COUNTRY?
A foreigner whose residence permit application has been rejected must leave Turkey within 10 days after the expiration of their visa or visa exemption period, starting from the date the rejection decision is notified to them.
Initiating an appeal for the cancellation of a residence permit rejection does not suspend the 10-day period for leaving the country. If the foreigner does not leave Turkey within this period, a deportation decision may be issued, and administrative fines may also be imposed.
If the individual does not wish to leave the country, they must also request the suspension of execution separately when filing the residence permit refusal appeal in Turkey.
The suspension of execution in the residence permit rejection cancellation case refers to the temporary suspension of the implementation of the relevant administrative action by the court until the conclusion of the legal proceedings. Individuals whose residence permit extension applications are rejected or whose permits are canceled have the right to request the suspension of execution when start the residence permit rejection appeal in Turkey through the judicial process.
In cases where the suspension of execution is requested, the court may decide to suspend the implementation of the administrative action until the conclusion of the case, allowing the individual to continue benefiting from the advantages provided by the residence permit during the legal proceedings.
However, the decision to suspend execution is at the discretion of the court and is not automatically granted for every case. The applicant must convince the court that there is a valid and urgent reason to suspend the implementation of the administrative action. If the request for suspension of execution in the residence permit rejection cancellation case is accepted, the applicant can continue to benefit from the rights and advantages derived from the residence permit during the legal proceedings.
The decision on suspension of execution requires a case-specific evaluation, and it may change in favor of or against the applicant during the legal process. Therefore, taking the correct legal steps and presenting an effective defense during this process is crucial. Seeking professional support from an immigration lawyer in Turkey can assist the applicant in protecting their rights during this process.
IS IT POSSIBLE TO REAPPLY AFTER THE REJECTION OF A RESIDENCE PERMIT APPLICATION IN TURKEY?
Individuals whose residence permit applications are rejected cannot reapply for the same reason within 6 months from the date of rejection. If they wish to reapply within 6 months, they must base their new application on a different reason. Reapplying with the same reasons is not possible within the 6-month period.
An individual seeking to obtain a residence permit based on the same reason can reapply with the same grounds after 6 months from the date of rejection. The 6-month period begins from the day following the date the rejection decision is notified to the individual.
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