TYPES OF RESIDENCE PERMITS
I. Introduction
Foreigners must obtain a residence permit in order to stay legally in Turkey. Most of the time, the needs of foreigners differ, and in such cases, various types of residence permits meet various types of needs. In this context, the types of residence permits are as follows:
1. Short Term Residence Permit
2. Family Residence Permit
3. Student Residence Permit
4. Long Term Residence Permit
5. Humanitarian Residence Permit
6. Residence Permit for Victims of Human Trafficking
1. Short Term Residence Permit
The short-term residence permit is regulated between Articles 31 and 33 of the Law on Foreigners and International Protection No. 6458 (“the Law”). Accordingly, this type of residence permit is given to the following foreigners for a maximum of two years each time; those who will come for scientific research purposes, have real estate in Turkey, will establish a commercial connection or business, will participate in an in-service training program, will come for educational or similar purposes within the framework of agreements or student exchange programs to which the Republic of Turkey is a party, will stay for tourism purposes or will get treatment for an illness provided that they do not have one of the diseases considered as a threat to public health.
In order to obtain this permit, foreigners who will stay in Turkey must state their address in Turkey, present the relevant information and documents related to the reason they came, have accommodation conditions in accordance with general health and safety standards, and if requested by the Migration Management, they are required to submit a document proving the criminal record issued by the competent authorities of the country of which they are a citizen.
2. Family Residence Permit
This type of residence permit regulated in Article 34 of the Law is given to the foreign spouses of (i) Turkish citizens, (ii) persons who are within the scope of Article 28 of Law No. 5901, and (iii) foreigners who have one of the residence permits, (iv) refugees and subsidiary protection beneficiaries; and to the minor foreign child of foreigner’s or foreigner’s spouse or their dependent foreign child. The thing that should be considered for children is that in the situation of family residence permit requests for children, the consent of their parents is required if they have joint custody outside of Turkey. A family residence permit can be issued for no longer than three years.
3. Student Residence Permit
It is the type of residence permit that foreign students should obtain if they are going to stay in our country legally and study at a higher education institution at the associate, undergraduate, graduate, or doctorate levels. 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. However, if the incoming foreign student comes with the support of a public institution, then the student is given a residence permit during the education period. One of the important points that should not be forgotten is that foreign students must have valid health insurance in Turkey. Another issue of concern is the right to work of foreign students. Foreign students can work provided that they obtain a work permit, but the right to work for associate and undergraduate students starts after the first year. Work permit applications are made to the Ministry of Labour and Social Security.
4. Long Term Residence Permit
This type of residence permit is given to foreigners who have stayed in Turkey for at least eight years without interruption or who meet the conditions determined by the Ministry.
In the Law, refugees, conditional refugees, subsidiary protection beneficiaries, humanitarian residence permit holders, and those under temporary protection are not granted the right to switch to a long-term residence permit.
5. Humanitarian Residence Permit
This type of residence permit is granted in some exceptional cases. This type of residence permit is given when it is of the best interest of the minor, when a foreigner cannot be made to leave Turkey despite a deportation decision has been taken, or when it is not reasonable or possible for them to leave Turkey, or during the continuation of the process of returning the relevant foreigner to the first country of asylum or a safe third country. It is a type of residence permit that is given for the foreigner to stay legally in our country during the period and in other extraordinary situations.
Provided that it is limited to the periods determined by the Ministry and upon the approval of the General Directorate, a humanitarian residence permit is granted by the governorates and its duration can be extended.
6. Residence Permit for Victims of Human Trafficking
This type of residence permit is given to foreigners who are victims of human trafficking or who have strong suspicions that they may be. Accordingly, the residence permit for victims of human trafficking is issued for a period of thirty days. Residence permits issued for victims of human trafficking can be extended for a maximum of six months at once, but these periods cannot exceed three years in total.
II. Applying for a Residence Permit Within Turkey
Another point of concern is in which cases a residence permit can be applied from within Turkey. The Law on Foreigners and International Protection have brought regulation to this issue. Applications for residence permits may exceptionally be lodged with the governorates in the following cases:
a. pursuant to decisions of or requests from judicial or administrative authorities;
b when it is not reasonable or possible for the foreigner to leave Turkey;
c. for long-term residence permits;
d. for student residence permits;
e. for residence permits on humanitarian grounds;
f. for residence permits for victims of human trafficking;
g. while changing from a family residence permit to a short-term residence permit;
h. by either parent, holding a residence permit in Turkey, for their children born in Turkey;
i. For a residence permit which conforms to the new reason of stay, in cases where the reason for which the valid residence permit was issued no longer apply or has changed;
j. for residence permit applications lodged within the scope of paragraph two of Article 20;
k. when foreign students who have completed higher education in Turkey transfer to a short term residence permit.