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1 SHORT-TERM RESIDENCE PERMIT Short term residence permit shall be regulated by Articles 31-33 of the Law on Foreigners and International Protection No. 6458. Additionally, short term residence permit shall be regulated by Articles 28 and 29 of the Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Short-Term Residence Permit? 1-Foreigners who will arrive to conduct scientific research; Foreigners applying for a residence permit for this purpose are required to obtain a license from relevant institutions and organizations (The Ministry of Culture and Tourism, Ministry of Energy, universities etc.) if the scientific research is subject to permission. If it is not subject to a permission, it is required to present a statement concerning to the research subject. 2-Foreigners who will own immovable property in Turkey; If foreigners who own immovable property demand residence permit, the immovable property must be house and used for this purpose. Moreover, immovable property used as house in shared or cooperated property covering family members gives residence permit application right also to the family members. 3-Foreigners who will establish business or commercial connections; If the foreigners demand residence permit more than three months for this purpose, invitation letter or similar documents will be requested from the persons or companies to be contacted. 4-Foreigners who will participate in on-the-job training programmes; The residence permit which is granted on this purpose will be issued covering the duration of training based on the documents showing the content, duration and place of training provided by the state institutions and organizations. 5-Foreigners who will arrive to attend educational or similar programmes as part of student exchange programmes or agreements to which the Republic of Turkey is a party; The foreigners who will request residence permit on this purpose of staying are required to obtain documents from the relevant institutions. Residence permit duration cannot be longer than the educational and similar purposes. Students in the scope of exchange programs (Erasmus, Mevlana, Farabi vb.) will not be required to submit an additional health insurance as long as they are registered to the Social Security Institution (SGK), general health insurance within three months from the date of enrollment. However, they are required to take out a private health policy unless they are registered to the Social Security Institution (SGK) and fail to take advantage of being covered by the Social Security Institution (SGK) general health insurance. 6-Foreigners who wish to stay for tourism purposes; The statement on matters concerning travel plans (where, when and how long to stay, etc.) of the foreigners who wish to stay for tourism purpose will be taken into consideration. The documents and information may be required to submit if it is necessary. 7-Foreigners who intend to receive medical treatment, provided that they do not have a disease posing a public health threat; Foreigners coming in order to receive treatment must be admitted to public or private hospitals. Valid health insurance condition is not required for foreigners who certify that treatment expenses are paid. Residence permit will be issued pursuant to duration of treatment. Foreigners whose expenses of accommodation, subsistence and health are covered by public institutions and agencies during treatment, will not be required to submit determination of financial possibility and health insurance. Documents and information regarding treatment might be required from related public institutions and agencies if it is necessary. The residence permit procedures of care takers of the foreigners under the scope of existing "Health Cooperation Agreements" (unless there is an additional general provision regarding care takers) are carried out based on general provisions. Furthermore, valid health insurance is not required for residence permit applications of care takers of the foreigners not exceeding two persons, according to the additional Article 14 of Health Services Fundamental Law No 3359. 8-Foreigners who are required to stay in Turkey pursuant to a request or a decision of judicial or administrative authorities; The duration of the residence permit for this purpose is issued by taking into consideration duration stated on the decision and demand. 9-Foreigners who transfer from a family residence permit; 10-Foreigners who will attend a Turkish language course; Residence permit can be issued maximum twice for this purpose to the foreigners who enroll to institution authorized to provide language course (must have permission by Ministry of National Education) in Turkish. If the period of the course is less than a year residence permit duration cannot be longer than the period of the course. The institution providing the course is responsible with reporting the commencement and attendance of the foreigners registered to the Turkish course to the Provincial Directorate. 11-Foreigners who will attend an education programme, research, internship or, a course by way of a public agency; The residence permit duration cannot be longer than a year for this purpose. The valid health insurance and determination of financial possibility are not required from the foreigners whose expenses of accommodation, subsistence and health are covered by public institutions. Documents and information might be required from the relevant institutions. 12-Foreigners who will apply within six months upon graduation from a higher education programme in Turkey; If the foreigners apply within six months upon graduation for this purpose, the residence permit is issued only once. It can be issued maximum for one year 13-Foreigners who do not work in Turkey but will make an investment within the scope and amount that shall be determined by the Council of Ministers, and their foreign spouses, his and her foreign minor children or foreign dependent children; The residence permit based on this purpose is issued five years at most. The purpose of the changes which International Labour Law numbered 6735 generated in the Law numbered 6458 is to promote the foreigners who will contribute to the national economy and to provide convenience to them on residence permit processes. 14-Citizens of Turkish Republic of Northern Cyprus; The residence permit based on this purpose is issued for five-year period at most. For How Long Can The Short Residence Permit Be Issued? Short-term residence permit is issued maximum for a two-year period each time except the foreigners mentioned in 13th and 14th items above. What Are The Conditions For Short-Term Residence Permit? The foreigner are required to fulfill the conditions stipulated in Article 32 of the Law No. 6458 to have short-term residence permit. - To submit supporting information and documents regarding the reason of stay in Turkey, - Not to fall within the scope of Article 7 of the relevant law, - To live in accommodation conditions that conform to general health and safety standards, - Upon request, to present criminal record certificate issued by the competent authorities in their country of citizenship or legal residence, - To submit information on their address of stay in Turkey. What Are The Reasons Of Refusal, Non-Renewal Or Cancelation Of Short-Term Residence Permit? Under the following cases a short-term residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when: - one or more of the conditions provided for short-term residence permit are not met or no longer apply, - it is established that the residence permit is used outside the purposes of those it is issued for, - there is a current removal decision or an entry ban to Turkey in respect to the foreigner, - upon violation regarding the period which is lived outside of Turkey 2 FAMILY RESIDENCE PERMIT Family residence permit is regulated in Articles 34-37 of Foreigners and International Protection Law No. 6458 Additionally, family residence permit is regulated in Articles 30-34 of Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Family Residence Permit? Family residence permit maybe granted to the: a) foreign spouse, b) foreign children or foreign minor children of their spouse, c) dependent foreign children or dependent foreign children of their spouse, of Turkish citizens, persons within the scope of Article 28 of Law No 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries. In cases of a polygamous marriage pursuant to the regulation in the country of citizenship, only one of the spouses shall be issued a family residence permit. However, a family residence permit may be granted to the foreigner’s children from other spouses. For family residence permits issued to children, if any, the consent of the mother or the father who lives abroad and who shares custody shall be sought. Family residence permits shall entitle the holder right of education in primary and secondary educational institutions until the age of 18 the without obtaining a student residence permit. In the cases of following statements family residence permit holders may apply to short-term residence permit: - In the event of divorce, if the foreign spouse of a Turkish citizen resided on a family residence permit for at least three years (if it is established by the relevant court that the foreign spouse has been a victim for reasons of domestic violence, the condition for three years residence shall not be sought) - In the case of death of the sponsor if the spouse resides on a family residence permit depending on the sponsor, - If the foreigner reaching the age of 18 has resided on a family residence permit for at least three years For How Long Can The Family Residence Permit Be Issued? - A family residence permit issued for a maximum duration of three years at a time. - Family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances. What Are The Conditions For Family Residence Permit? The foreigner is required to fulfill the conditions stipulated in Article 35 of the Law No. 6458 to have family residence permit. - To fulfill the conditions applied to the sponsor, (the sponsor is required to have a valid health insurance covering all family members; have a monthly income in any case not less than the minimum wage in total corresponding not less than one third of the minimum wage per each family member; submit proof of not having been convicted of any crime against family during the five years preceding the application with a criminal record certificate; have been residing in Turkey for at least one year on a residence permit and have been registered with the address based registration system) - The following conditions shall apply to foreigners applying for a family residence permit to stay with a sponsor in Turkey, (to submit supporting information and documents regarding the reason of the stay,, to assert that they live or intend to live together with specified persons, to be over 18 years of age for each spouse, not to fall within the scope of Article 7, not to have entered into the marriage for the purpose of obtaining a family residence permit) What are the reasons of refusal, non-renewal or cancelation of family residence permit? Under the following cases a family residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when: - Conditions set out for family residence permit are not met or no longer apply, - it is established that the residence permit is used outside the purposes of those it is issued for, - there is a current removal decision or an entry ban to Turkey in respect to the foreigner 3 STUDENT RESIDENCE PERMIT Student residence permit is regulated in Articles 38-41 of the Law on Foreigners and International Protection No. 6458. Additionally, student residence permit is issued in Articles 35-39 of Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Student Residence Permit? - Foreigners who shall receive primary or secondary education and who do not hold a family residence permit (Without taking residence permit, foreigners can continue studying until they are 18 (for primary and secondary education). However, when they are over 18 and still go on taking secondary education, those students are required to take residence permit.), - Foreigners who shall attend an associate, undergraduate, graduate or postgraduate programme or receive education for speciality in medicine (TUS) or in dentistry (DUS) are issued residence permits. Student residence permit ensures the student to be only the supporter of spouse and children in family residence permit applications. It does not provide any right to the other relatives about residence permit. For How Long May The Student Residence Permit Be Issued? If the period of study is less than a year, the duration of the residence permit shall not exceed the period of study. Residence permit may be issued for the period of study to the foreigners who shall receive education in Turkey through state institutions and organizations. Foreigners who shall receive primary and secondary education, subject to the consent of their parents or legal guardian a one year student residence permit may be granted and renewed throughout the course of their study. What Are The Conditions For Student Residence Permit? Foreigners are required to fulfil the conditions set out in Article 39 in order to obtain student residence permit. -to submit supporting information and documents related to aim of stay in Turkey (Article 38); -not to fall within the scope of Article 7; -submit information on their address of stay in Turkey. Health Insurance in Student Residence Permit Another health insurance is not required if the students request the general health insurance within three months from the date of admission according to the rules of Social Insurances and General Health Insurance Law. However, if they lose the right of carrying insurance by not requesting within three months, private health insurance is required. Procedures required to be followed by Higher Education Students for changes in University, Faculty or Department a) In case of a faculty or department change in the same educational institution or change in educational institution in the same province, on the condition of not taking a break in studentship and announcing in time, current residence permit is preserved. If the residence permit period is shorter than period of study, it is extended as much as period of study from the expiration. b) In cases where the foreign continue his education in a different province, current residence permit shall be cancelled and a new residence permit valid for the duration of the education shall be issued by the governorate. Right of work for (foreign) students Foreign students attending an associate, undergraduate, graduate or postgraduate programme in Turkey may work, provided that they obtain a work permit. However the right of work for associate or undergraduate students starts after the first year (of their study). Work permit applications shall be made to the Ministry of Labour and Social Security. What Are The Reasons Of Refusal, Cancelation Or Non-Renewal Of Student Residence Permits? Under the following cases a student residence permit shall not be issued, be cancelled if has been issued, be refused renewal when: - The requirements for issuing a student residence permit are not met or no longer apply; - Evidence exists that the studies are possibly not to be continued; - It is determined that the student residence permit has been used for a purpose other than it is issued for; - There is a current removal decision or an entry ban to Turkey with respect to the foreigner 4 LONG TERM RESIDENCE PERMIT Long term residence permit shall be regulated by Articles 42-45 of the Law on Foreigners and International Protection. Besides, long term residence permit shall be regulated by Articles 40-43 of the Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Long Term Residence Permit? - A long term residence permit shall be issued by the governorates, upon approval of the Ministry, to the foreigners that have continuously resided in Turkey for at least eight years on a permit or to foreigners that meet the conditions set out by the Ministry. - Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under temporary protection and humanitarian residence permit holders are not entitled to the right of transfer to a long-term residence permit. For How Long May The Long Term Residence Permit Be Issued? Long term residence permit shall be issued indefinitely. What Are The Conditions For Long Term Residence Permit? In order long term residence permit’s to be issued, foreigner is required to fulfil the required conditions stated in Article 43 of the Law. - Having continuous residence in Turkey for at least eight years (In calculation of continuous eight years, half of the duration of student resident permits, as stated in Law Article 38, and the full duration of all other types of residence permits shall be taken into account.); - Not having received social assistance in the past three years; - Having sufficient and stable income to maintain themselves or, if any, support their family; - To be covered with a valid medical insurance; - Not to be posing a public order or public security threat (except the foreigners who are approved by the Migration Policies Board) Rights Granted by Long Term Residence Permit Foreigners holding a long-term residence permit may benefit from the same rights as accorded to Turkish citizens with the exception of the provisions of special laws, and of compulsory military service, the right to vote and to be elected, entering public services, and exemption from customs duties when importing vehicles. What Are The Reasons Of Refusal, Cancelation Or Non-Renewal Of Long Term Residence Permits? A long-term residence permit shall be cancelled when the foreigner: - poses a serious public security or public order threat, - stays out of Turkey continuously for more than one year for reasons other than health, education and compulsory public service in his/her country. Cancellation of long term residence permit shall be made by governorates. Re-applications of foreigners whose long-term residence permit have been cancelled Re-applications for cancelled long term residence permits shall be lodged with the consulates abroad, governorates or Presidency in line with the application procedure. In re-applications, the condition of continuous residence in Turkey for eight years on a residence permit shall not be required. Those whose long-term residence permits have been cancelled for being outside of Turkey continuously for more than a year for a reason other than health, education, assignment and compulsory public service in their own countries can make a re-application. 5 HUMANITARIAN RESIDENCE PERMIT Humanitarian residence permit shall be regulated by Articles 46 and 47 of the Law on Foreigners and International Protection No. 6458. Besides, humanitarian residence permit shall be regulated by Article 44 of the Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Humanitarian Residence Permit? - 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, - Where there is a judicial appeal against the actions carried out pursuant to Articles 53,72 and 77; - 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 humanitarian residence permit may be issued. For How Long Can Humanitarian Residence Permit Be Issued? Humanitarian residence permit shall be granted or renewed by the governorates subject to the approval of the Presidency, provided that they are limited to the specified times by the Ministry . What Are The Conditions For Humanitarian Residence Permit? Conditions attached to other types of residence permits shall not be sought while issuing humanitarian residence permit. What Are The Reasons Of Refusal, Cancelation Or Non-Renewal Of Humanitarian Residence Permit? The humanitarian residence permit shall be cancelled and shall not be renewed by the governorates in cases where the compelling conditions no longer apply, subject to the approval of the Ministry. Other Circumstances Related Humanitarian Residence Permit 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. Foreigners holding humanitarian residence permit, within the duration of this permit, may apply for one of the other residence permits, except for the long term residence permit, as long as they meet the requirements. Durations of humanitarian residence permits shall not be added to the total duration in calculation of residence permit durations determined by the Law. 6 RESIDENCE PERMIT FOR VICTIMS OF HUMAN TRAFFICKING Residence permit for victims of human trafficking shall be regulated by Articles 48 to 49 of the Law on Foreigners and International Protection Law No. 6458. Besides, residence permit for victims of human trafficking shall be regulated by Articles 45 and 46 of the Regulation for Implementation of the Law on Foreigners and International Protection. Who May Apply To Permit For Victims Of Human Trafficking? A residence permit for victims of human trafficking shall be granted to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims. For How Long Can Residence Permit For Victims Of Human Trafficking Be Issued? The residence permit for victims of human trafficking shall be issued for thirty days by governorates. The residence permit may be renewed for six months periods. However, the total duration shall not exceed three years. What Are The Conditions For Residence Permit For Victims Of Human Trafficking? Conditions attached to other types of residence permit shall not be sought while issuing these residence permits. What Are The Reasons Of Refusal, Cancelation Or Non-Renewal Of Residence Permits For Victims Of Human Trafficking? - In cases where it is determined that foreigners have re-connected with the perpetrators of the crime through their own volition; - In cases where the compelling conditions no longer apply; - In cases where it is revealed that foreigners are not victims the residence permit for victims of human trafficking shall be cancelled. However, if it is found out that it is committed outside the will, depending on the reasons such as coercion, intimidation, violence or threat, permit in question shall not be cancelled. Show more