RESIDENCE PERMIT IN TURKEY
1. Legal Basis
In accordance with the Foreigners and International Protection Law No. 6458, a Residence Permit certificate is issued to foreigners who request it, if appropriate conditions are met.
2. General Information
A foreigner can be legally present in Turkey during the visa period. However, a foreigner who requests to stay in Turkey after the end of the visa period must apply for a residence permit, providing a valid reason.
A foreigner with a residence permit has the right to be legally present in Turkey after the visa period expires.
It is important to note that the foreigner must be present in Turkey from the date of application for residence permit to the date of approval of residence permit. Because if a foreigner leaves abroad during this period, a residence permit will be denied.
There are also some forbidden neighborhoods which are not allowed to obtain residence permit from. Please find the list from the following link: https://www.goc.gov.tr/mahalle-kapatma-duyurusu-hk2
For foreigners to have residence permits; They have
-To submit information and documents related to the purpose of stay,
-To declare a fixed address where they will stay in Turkey,
-To have a valid passport,
To present a criminal record if requested.
With the power of attorney, attorneys primarily apply for residence via the online system. Then, request documents are prepared according to the residence permit type and submitted to the Provincial Immigration Authorities and the necessary applications are completed. Applications and submitted documents are evaluated by the Provincial Immigration Authorities and a residence permit is issued.
2.1. Required Documents
Required documents vary depending on the type of residence permit. Lawyers organize all the documents required for residence permit.
However, after reviewing the application, a supporting document may be requested by the Provincial Immigration Authorities.
But mandatory common documents for all types of residence permits are as follows;
-Power of Attorney,
-Valid Passport or passport substitute,
-Biometric Photo,
-Health Insurance,
-Fixed address proof in Turkey,
– Visa and/or passport stamps indicating entry and exit to Turkey.
If the document to be submitted is issued abroad; it must be approved by the Turkish Consulate in the country of origin or Apostilled by the relevant authorities.
If the document to be submitted is issued in Turkey, it must be notarized.
2.2. Power of Attorney
In the entire application process, the Foreigner is represented by Attorneys, with the power of attorney.
Power of Attorney draft is especially prepared by Attorneys.
This power of attorney must be issued in one of the three forms below;
- Can be issued in local notaries located in the borders of Republic of Turkey,
- Apostille approval can be affixed after the approval of the Ministry of Foreign Affairs is issued from the local notary offices of the country in which you are located,
-Can be issued from the Turkish Consulate in your country accompanied by a sworn translator.
A sworn translator and consular appointment are organized by attorneys for clients who want to obtain power of attorney through the Turkish Consulate. Then, clients can go to the consulate on the day and time of appointment and complete their transactions.
2.3. Health Insurance
Health insurance is required for a residence permit and an insurance policy is required for applications for a residence permit.
This health insurance must cover the entire period during which the residence permit is requested and include the phrases required for the residence permit.
The health insurance process is run by Attorneys.
2.4. Costs and Fees
In all applications for a residence permit, costs and fees are calculated and paid separately according to the type of residence permit, nationality and type of visa.
Documents relating to the payment and payment of these costs and fees must be submitted to the Provincial Immigration Authorities in full at the time of application.
Payment of costs and fees is made by attorneys within the costs and recorded to the residence permit file.
3. Short Term Residence Permit
Foreigners who are in Turkey with a visa exemption can apply for a short-term residence permit to continue to stay in Turkey at the end of their exemption period.
A short-term residence permit is usually granted for a period of 1 year. Then, with the application for an extension, the duration of the residence permit is extended.
Following people can apply for a short-term residence permit in Turkey:
-Individuals who owns an immovable property in Turkey,
-Individuals who are visiting Turkey for touristic purposes,
-Individuals who are in Turkey for education purposes,
-Individuals who are in Turkey for scientific purposes,
-Northern Cyprus Turkish Citizens,
-Foreigners to be treated,
-Individuals who will attend Turkish Language Courses
-Individuals who will invest in the scope and amount determined by the Council of Ministers in Turkey,
-Individuals who will attend training, internships and courses through public institutions,
-Individuals who will attend in-service training programs,
-Foreigners who have been decided to stay in Turkey by judicial or administrative decision.
3.1. Most Preferred Types of Short-Term Residence Permits
- Residence Permit For Tourism Purposes
Type of residence permit issued to foreigners visiting Turkey for touristic purposes.
In a tourism residence permit, a foreign person will stay in Turkey with a residence permit by declaring that he is in Turkey for tourism purposes and by submitting the necessary documents.
In this type of residence permit, the foreign person is obliged to submit where to stay in Turkey, contact information and other similar information.
3.1.2.Residence Permit Through Immovable Property
A foreigner who acquires real estate within the borders of the Republic of Turkey can apply for a residence permit through this real estate. A foreigner can apply for a residence permit with acquired Real Estate.
Acquired immovable property must be residence. Land, plot and similar properties are not eligible to apply for a residence permit.
Family members (applicant’s spouse, non-adult child) can apply for a residence permit by acquiring real estate with common or shared property.
If requested, the entire acquisition of real estate can be carried out by attorneys by a power of attorney.
If a real estate acquisition by Attorneys with a power of attorney is requested;
All citizens of 183 countries approved by the Presidency will acquire immovable property within the borders of Republic of Turkey. There is no published complete list of countries that can acquire immovable property. However, upon your intention to acquire property, we may make inquiries from the relevant Land Registry Directorates.
After the foreigner determines the real estate he/she wants to buy, the current title is shared with the Attorney. The title is then checked by lawyers and the title is investigated whether there is a cautionary remark or any records on the title.
In the process of real estate acquisition, contracts to be signed are examined by Attorneys and all legal rights of the Foreigner are protected.
A real estate valuation institution approved by the Capital Market Board must determine the value of the real estate, and a valuation report must be prepared. In all transactions for the sale of real estate to foreigners, the valuation report prepared by the real estate valuation institution must be submitted to the Land Registry Office prior to the sale transaction. Real Estate Valuation Institution is organized by lawyers and a Valuation Report is prepared.
Finally, real estate payment is organized by Attorneys and the transfer of title deed is carried out.
3.1.3. Residence Permit for Commercial Business or Connection
Foreigners who will establish a business or establish a commercial connection in Turkey can apply for a residence permit.
Foreigners can apply for a residence permit in Turkey by establishing a company or contacting a company or person according to the Turkish Commercial Code.
If a formation of a company by Attorneys with a power of attorney is requested;
After determining the company’s area of activity, title, Director, type, Center, the company’s establishment operations are initiated.
Then, the request for the establishment of the company is recorded with the application made to the Central Registration System on behalf of the foreigner.
With the appointment made by the lawyers, the necessary documents are submitted to the relevant Trade Registry Office, the necessary payments are made for the establishment of the company and the article of incorporation is signed on behalf of the foreign person.
The establishment of the company is announced in the Trade Registry Gazette. After the completion of the company’s establishment, the documents belonging to the company are collected by the attorneys. Circular of signatures are delivered to the company’s accountant.
According to the approval of a residence permit for commercial work or connection, the foreigner must apply for a work permit within the period specified by the relevant law.
In particular, we should emphasize that a residence permit does not entitle a foreigner a work permit. In order for a foreigner who has a valid residence permit to work legally in Turkey, an application for a work permit must also be made.
4. Family Resident Permit
Family Resident Permit application will be made for
-foreign spouse,
-for his/her spouse’s non-adult child, dependent child of his/her partner,
of Citizen of Turkish Republic, refugees, subsidiary protection owners, foreigners who holds certain residence permit.
A Turkish citizen who is referred on the family residence permit application or a foreigner who is legally in Turkey is identified as supportive and information of supportive person is also provided during the application.
Family residence permit conditions;
- The supportive person must provide the necessary conditions (find income, find a specific address, submit a criminal record, etc.),
-It provides the conditions that must be present in the person requesting a family residence permit (providing the necessary information and documents, cohabitation with the supportive person, and similar conditions).
The entire family residence permit application process is carried out by attorneys by power of attorney.
5. Long Term Residence Permit
Foreigners who have lived in Turkey for at least 8 years without interruption or who meet the requirements set by the ministry can apply for a long-term residence permit.
Long Term Residence Permit Conditions;
-To reside in Turkey for at least 8 years without interruption,
-To have a sufficient income,
-To have a valid health insurance,
-To not receive social assistance in the last three years,
-To not threaten public order and safety.
For the condition of residence in Turkey for at least 8 years without interruption, a special calculation method is used in accordance with the relevant legislation.
In addition, a long-term residence permit is granted indefinitely and provides many rights and achievements compared to a short-term residence permit.
6. Reasons for Residence Permit Refusal and Cancellation
In case of following matters, your application for a residence permit is rejected by the Provincial Directorate of Migration Administration;
-Incomplete or failure to timely submission of requested documents,
- Documents or information submitted are false or fraudulent,
- Failure or subsequent disappearance of one or more of the conditions sought,
- Non-payment of debts and penalties,
- No valid passport or passport replacement document,
- Absence of valid health insurance covering the period of stay,
- Presence of disease that will threaten public health,
- Failure to provide address information where he/she will stay in Turkey,
- Lack of housing requirements in accordance with general health and safety standards,
- Failure to submit a criminal record document on request,
- Determination that the residence permit is used other than its purpose,
The decision in question is communicated to the foreigner or the attorney. The following legal processes are then initiated against the relevant decision:
- filing a lawsuit in administrative courts within 60 days from the date of notification or
- you have to leave the country within 10 days from the date of notification.
