1. INTRODUCTION
A residence permit is an administrative act of the Turkish legal system that allows foreigners to legally stay in Turkey. The main regulation on residence permits in Turkish law is the Law No. 6458 on Foreigners and International Protection. Enacted on April 11, 2014, this Law covers a wide range of legal procedures and practices concerning foreigners during their stay in Turkey, including entry to and exit from the country.
The procedures and principles regarding the implementation of the Law are set out in the Regulation on the Implementation of the Law on Foreigners and International Protection. Within the scope of the Regulation, residence permit procedures for foreigners are carried out by the Directorate of Migration Management and Provincial Directorates of Migration Management. If we touch upon the legal nature, types, application conditions and legal procedures of the residence permit;
2. LEGAL NATURE OF RESIDENCE PERMIT AND GENERAL PRINCIPLES
A residence permit grants the foreigner who wishes to stay in Turkey the right to stay in Turkey for a period longer than the period granted by a visa or visa exemption. Pursuant to Article 19 of Law No. 6458, foreigners who will stay in Turkey for longer than the period granted by a visa or visa exemption or for more than ninety days are required to obtain a residence permit. Therefore, the residence permit constitutes one of the basic conditions for the foreigner to be lawfully present in Turkey. Within the scope of this article, a foreigner may apply for a residence permit in Turkey even without an essential condition such as the foreigner’s previous entry and exit to the country in order to apply for a residence permit. Article 21 of the Law stipulates that residence permit applications shall be made to the consulates in the country where the foreigner is a citizen or legally resides. However, in certain circumstances, applications can also be made from within Turkey. These exceptional cases include long-term residence permit applications, family residence permit applications, residence permit applications for victims of human trafficking and humanitarian residence permit applications. In addition, applications for extension of residence permits can also be made from within Turkey. However, within the scope of these issues, the main element that the legislator attaches particular importance to is the condition that the foreigner enters and exits the country legally. It is not legally possible for a foreigner who enters the country illegally or who is deported to obtain a residence permit.
The fact that the foreigner has entered the country legally is not the only factor in the evaluation of residence permit applications. In this context
- The applicant has a valid passport or passport substitute,
- No entry ban to Turkey,
- Not pose a danger to public health and public safety
- Meet the conditions specific to the type of residence permit requested
Conditions are sought. The residence permit is accepted as a residence permit until the application is finalized for applications before the end of the residence permit period, not exceeding sixty days.
a) Short Term Residence Permit
Short-term residence permits are regulated under Article 31 of Law No. 6458 and can be granted for a period of one year for initial applications and a maximum of two years for applications to extend the residence permit. This type of permit is designed for foreigners who wish to stay in Turkey for different purposes.
- Scientific Research and Education
- Treatment and health
- Humanitarian Causes
- Tourism
- Commercial
- Family Ties
Foreigners can obtain a short-term residence permit in Turkey based on such reasons.
b) Family Residence Permit
Family residence permits are regulated under Article 34 et seq. of the Law and are granted to foreign spouses, minor foreign children and dependent foreign children of Turkish citizens or foreigners holding one of the residence permits. This type of permit is a reflection of the principle of protection of family unity. The duration of the family residence permit cannot exceed the duration of the sponsor’s residence permit and may be granted up to a maximum of three years at a time.
In addition, the sponsor of the family residence permit must not have been convicted of any of the crimes against family order. If the sponsor has more than one spouse, only one of the spouses can be granted a family residence permit, but children from other spouses can be granted a family residence permit.
Foreigners who have stayed in Turkey for at least three years with a family residence permit may be granted a short-term residence permit, provided that they have completed the age of eighteen. In case of divorce of foreigners who are married to Turkish citizens, a short-term residence permit may be granted provided that they have stayed in Turkey with a family residence permit for at least three years. However, this time requirement is not required for foreigners who have been victimized due to domestic violence, as confirmed by a court decision.
c) Student Residence Permit
Student residence permits are regulated under Articles 38 and 39 of the Law and are granted to foreigners who will study for associate, bachelor’s, master’s or doctorate degrees at a higher education institution in Turkey. Student residence permits can be issued for one-year periods during the period of study. A foreigner in Turkey with a student residence permit cannot work in Turkey unless he/she obtains a work permit other than the purpose for which the permit was issued. This regulation is particularly important in terms of protecting the right to education of the children of foreign families in Turkey. In student residence permit applications, it is required that the foreigner has been admitted to an educational institution, has sufficient financial means and has valid health insurance.
d) Long Term Residence Permit
Long-term residence permits are regulated under Article 42 et seq. of Law No. 6458 and are granted to foreigners who have stayed in Turkey with a residence permit for at least eight years without interruption or who meet the conditions set by the Migration Policy Board. This type of permit is issued indefinitely and provides foreigners with a status close to the rights granted to Turkish citizens. Foreigners with long-term residence permits enjoy the rights granted to Turkish citizens, except for the obligation to perform military service, the right to vote and be elected, the right to hold public office, the right to import vehicles with exemption and the rights subject to customs legislation.
The requirements for long-term residence permit applications are as follows
- Having stayed in Turkey with a residence permit for at least eight years without interruption,
- Not having received social assistance in the last three years,
- Having a sufficient and regular source of income to provide for himself/herself or his/her family, if any,
- Have valid health insurance
- Not pose a threat to public order or public safety.
Although the foreigner who will apply for a long-term residence permit cannot apply for a long-term residence permit if the foreigner is a refugee, conditional refugee, holder of subsidiary protection status, holder of a humanitarian residence permit or under temporary protection.
In the calculation of the uninterrupted residence period, the periods spent outside Turkey exceeding six months at a time or one year in total are not taken into account in the calculation of the residence period. The main purpose of this regulation is to grant long-term residence permit status to foreigners who have established a real and continuous connection with Turkey.
e) Humanitarian Residence Permit and Residence Permit for Victims of Human Trafficking
Humanitarian residence permit is regulated under Article 46 of the Law and can be issued by governorships with the approval of the Directorate of Migration Management to foreigners who do not meet one or more of the conditions for a residence permit in the presence of extraordinary circumstances. This type of permit can be granted in cases where the best interests of the child must be protected, when foreigners cannot be removed from Turkey despite a deportation order or a ban on entry into Turkey, or when it is not deemed reasonable or possible for them to leave Turkey, foreigners who are not subject to a deportation order, foreigners who are deemed necessary to stay in Turkey due to judicial processes, foreigners who are deemed inappropriate to leave Turkey during treatment and in extraordinary circumstances. However, foreigners who are victims of human trafficking are not covered by this article. Residence permit for victims of human trafficking is regulated separately in Article 48 of the Law. This is a thirty-day residence permit issued by the governorates to foreigners who are or may be victims of trafficking in human beings in order to carry out the victim support process. During this period, the victims’ security and accommodation needs are met and psychological, physical and legal support is provided. In cases where the victim support process continues, the residence permit can be extended for six-month periods, and this period can be extended due to the safety, health or special situation of the victim.
3. CONCLUSION
In Turkish law, the residence permit institution is comprehensively regulated by the Law No. 6458 on Foreigners and International Protection and constitutes one of the basic conditions for foreigners to stay in Turkey in accordance with the law. The Law provides for various types of permits for different purposes and needs, including short-term residence permit, family residence permit, student residence permit, long-term residence permit, humanitarian residence permit and residence permit for victims of human trafficking. Each type of permit has its own specific conditions, procedures, consequences and differences.
In practice, it is of utmost importance that residence permit applications are made correctly, that the required documents are submitted in full and that deadlines are respected. Residence permits that are not renewed or extended in due time may lead to the foreigner remaining in an illegal status and being subject to deportation proceedings.
Finally, it should be noted that it is possible to apply to administrative courts against rejection decisions in residence permit applications. Administrative law principles such as the limits of the discretionary power of the administration, the justified expectations of the applicant and the principle of proportionality are taken into account in annulment proceedings before administrative courts.
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