A residence permit is a document that foreigners, who intend to stay in Türkiye beyond the duration granted by a visa or visa exemption (generally 90 days), must obtain to maintain their legal status. A residence permit is not merely a right of accommodation; it serves as a fundamental “legal identity” required for a foreigner to exercise other rights in Türkiye, such as healthcare, education, and banking services.

1.1. Legal Basis:

Residence permits are regulated under Article 30 and the subsequent articles of the Law on Foreigners and International Protection (LFIP). The legislature has prescribed different types of residence permits based on the foreigner’s purpose of stay in Türkiye. The application requirements and the rights granted vary for each type.

1.2. Types of Residence Permits

1.2.1. Short-Term Residence Permit (LFIP Art. 31-33)

This is the most frequently applied type. It covers a wide range of individuals, from those arriving for tourism or scientific research to those owning real estate or establishing business connections.

• Key Requirement: Meeting the standards for accommodation, income, and general health insurance.

1.2.2. Family Residence Permit (LFIP Art. 34-37)

This permit is granted to the spouses and dependent children of Turkish citizens or foreigners residing legally in Türkiye. This type of permit aims to protect family unity.

1.2.3. Student Residence Permit (LFIP Art. 38-41)

This is issued to foreigners who will receive education at an institution of higher education in Türkiye at the associate, undergraduate, graduate, or doctoral levels. Obtaining this permit is mandatory to exercise the right to education.

1.2.4. Long-Term Residence Permit (LFIP Art. 42-45)

This is an indefinite permit granted to foreigners who have resided in Türkiye continuously for at least 8 years with a residence permit, provided they meet certain conditions (such as not having received social assistance, maintaining a sufficient income level, and not posing a threat to public order).

1.3. Application Process and the “E-Residence” System

Residence permit applications are submitted through the e-residence (e-ikamet) system of the Presidency of Migration Management after the foreigner enters Türkiye and before the visa period expires. On the appointment date, required documents (passport, photographs, declaration of address, insurance, etc.) must be submitted.

1.4. Competent Authority and Jurisdiction

• Administrative Authority: The authority to grant residence permits rests with the Presidency of Migration Management (Provincial Directorates of Migration Management).
• Judicial Remedy (Annulment Action): In the event of a rejection of a residence permit request or the cancellation of an existing permit, the foreigner may file an “Annulment Action” in the Administrative Court within 60 daysfrom the date of notification of the decision.
• Competent Court: The competent court is the Administrative Court located in the jurisdiction of the Governor’s Office (Provincial Directorate of Migration Management) that issued the decision.

Note: Requirements for obtaining a short-term residence permit through “real estate ownership” (purchasing a house) have been tightened with recent regulations, introducing a specific appraisal value requirement (currently the TL equivalent of 200,000 USD). This situation directly affects the motivation of foreigners to acquire property in Türkiye.

SHORT-TERM RESIDENCE PERMIT

A short-term residence permit is the most comprehensive type of residence permit applied for by foreigners who arrive in Türkiye with a visa or visa exemption, in order to establish a legal basis for stays exceeding these periods. The legislature has categorized the foreigners eligible for this permit under a “numerus clausus” (limited number) principle and has prescribed different evidentiary requirements for each group.

1.1. Who Can Obtain a Short-Term Residence Permit?

The primary categories specified under Article 31 of Law No. 6458 are as follows:

• Those Staying for Tourism Purposes: Foreigners who provide a travel plan and accommodation information. (Note: In recent years, restrictions have been introduced regarding “extension” requests for this category.)
• Those Owning Real Estate: Foreigners who own real property in Türkiye that is characteristic of a residence.
• Those Conducting Scientific Research: Researchers who have obtained permission from relevant institutions.
• Those Establishing Commercial Connections or Business: Foreigners intending to establish a company or conduct business meetings.
• Participants in In-Service Training Programs: Individuals arriving through public institutions or private organizations.
• Those Receiving Medical Treatment: Foreigners arriving for treatment purposes, provided they do not carry a contagious disease that threatens public health.

1.2. Residence via Real Estate Ownership (The Critical Threshold)

This heading represents the intersection between property law and foreigners’ law.

• New Requirements: With regulations implemented since late 2023, to obtain a residence permit through real estate, the value of the residence must be at least 200,000 US Dollars (the TL equivalent based on the Central Bank rate on the date of application), and this must be documented with an appraisal report.
• Nature of Property: The real estate must strictly be a “residence” (residential property) and must be used for dwelling purposes. The purchase of a workplace or land does not grant residence rights under this category.

1.3. General Conditions

To obtain a short-term residence permit, a foreigner must meet the following cumulative conditions:

• Accommodation Conditions: Staying in a residence that complies with general health and safety standards.
• Financial Sufficiency: Possessing a regular income (generally an amount above the minimum wage) sufficient to support themselves during the stay.
• Criminal Record: Upon request, providing a criminal record certificate obtained from their country of origin or the country of their legal residence.
• Health Insurance: Possessing valid private or general health insurance covering the duration of the stay in Türkiye.

1.4. Grounds for Cancellation and Rejection

The administration shall reject the residence permit request, or cancel it if already issued, in the following cases:

• Use of the residence permit for purposes other than those for which it was issued.
• Presence of a valid deportation order or an entry ban to Türkiye against the foreigner.
• Detection of violations regarding the duration of stay abroad (visa violations, etc.).

1.5. Judicial Review: The Administrative Court Process

A foreigner whose short-term residence permit application is rejected is provided with a “Notification Form.”

• Litigation Period: An Annulment Action with a request for a Stay of Execution may be filed within 60 daysfrom the date of notification.
• Critical Detail: Filing a lawsuit against a residence rejection does not automatically grant the foreigner the right to remain in Türkiye. Unless a stay of execution is granted, the foreigner must leave Türkiye within 10 days.
• Competent Court: Administrative Court.

Note: The administration possesses a broad “discretionary power” regarding short-term residence permits. Particularly in tourism-based applications, the administration may reject the application without stating a specific concrete justification (e.g., finding the foreigner’s financial status or purpose of stay unconvincing). At this point, the lawyer’s duty is to prove that the administration has exercised its discretionary power in an “unlawful and arbitrary” manner.

FAMILY RESIDENCE PERMIT

A family residence permit is a type of permit granted to the family members of a “sponsor” (supportive person) residing in Türkiye. Most disputes regarding this permit type center around the “genuineness of the marriage” and the “financial sufficiency of the sponsor.”

2.1. Who is the Sponsor (Supportive Person)?

In the context of a family residence permit, a “sponsor” is the person who undertakes the expenses of the family members and provides the legal basis for their stay. A sponsor can be one of the following:

• Turkish citizens.
• Blue Card holders.
• Foreigners who have resided in Türkiye with a residence permit for at least one year.
• Refugees or beneficiaries of subsidiary protection status.

2.2. Persons Eligible for a Family Residence Permit

Only the following family members of the sponsor may apply for this permit:

• Foreign Spouse: (Since polygamy is not legal in Türkiye, in cases of multiple spouses, a family residence permit is granted to only one spouse).
• Children: The minor (under the age of 18) foreign child of the sponsor or the spouse.
• Dependent Child: A foreign child who is dependent or in need of care, even if they have reached the age of 18.

2.3. Application Requirements

When granting a family residence permit, the administration seeks the following conditions for both the sponsor and the applicant foreigner:

• Financial Sufficiency: Total income must not be less than one-third of the minimum wage per person in the family.
• Accommodation and Health: Accommodation conditions appropriate to the family’s size that meet general health and safety standards, and health insurance covering all family members.
• Criminal Record Requirement: The sponsor must not have been convicted within the last 5 years of crimes committed against the family order (e.g., intentional injury, sexual abuse, violation of obligations arising from family law, etc.).
• Address Registration: Having a registered address in the Turkish database (Population Directorate/Nüfus Müdürlüğü).

2.4. Inspection of “Marriage of Convenience”

The administration has the authority to investigate whether a marriage was entered into solely for the purpose of obtaining a residence permit (sham/fictitious marriage).

• Interview and Inspection: Migration management officers may conduct home inspections or interview the parties separately.
• Consequences: If it is determined that the marriage is not genuine, the permit is rejected or canceled if already issued, and a deportation process may be initiated against the foreigner.

2.5. Right to Education for Accompanying Members

Children holding a family residence permit have the right to receive education in primary and secondary education institutions until the age of 18 without the need to obtain a separate student residence permit. This is one of the most significant benefits provided by the family residence permit.

2.6. Judicial Remedy

• Appealing a Rejection Decision: As with other types of residence, an annulment action can be filed in the Administrative Court within 60 days against the rejection of a family residence permit.
• Divorce Situation: Foreigners married to Turkish citizens who have stayed with a family residence permit for at least 3 years may transition to a short-term residence permit upon divorce (in exceptional cases such as divorce due to domestic violence, the 3-year requirement is waived).

Note: A family residence permit cannot exceed the duration of the sponsor’s residence or work permit. For example, if the sponsor’s work permit expires in 1 year, the family residence permit granted to the spouse will also be limited to 1 year.

STUDENT RESIDENCE PERMIT AND THE RIGHT TO EDUCATION

A student residence permit is granted to foreigners who will receive education at a higher education institution in Türkiye at the associate, undergraduate, graduate, or doctoral levels, or those undergoing specialty training in medicine (TUS) or dentistry (DUS).

3.1. Scope of the Right to Education

All foreign children legally residing in Türkiye have the right to education without discrimination based on language, race, color, gender, religion, or nationality.

• Primary and Secondary Education: Foreign children holding a family residence permit can attend school until the age of 18 without needing a student residence permit. However, those who do not have a family residence permit or those who have reached the age of 18 but are continuing their high school education are required to obtain a “Student Residence Permit.”
• Higher Education: Admission of foreign students to universities is conducted based on the principles determined by the Council of Higher Education (YÖK) and the results of the TR-YÖS (Examination for Foreign Students for Admission to Higher Education in Türkiye) or equivalent examinations held by each university.

3.2. Requirements for a Student Residence Permit

A foreigner must fulfill the following conditions to obtain this permit:

• Documentation of Student Status: A current and valid student certificate obtained from the relevant educational institution.
• Financial Sufficiency: A declaration or document stating that the individual can cover living, accommodation, and education expenses throughout the period of study.
• Health Insurance: If applied for within the first three months of registration, the student may be covered by the General Health Insurance (GSS); otherwise, private health insurance is mandatory.
• Address Information: The full address of the place of stay in Türkiye (dormitory, rental agreement, etc.).

3.3. Duration and Limitations of the Permit

• Duration: The student residence permit is limited to the duration of the student’s education. If the education period is less than one year, the permit duration cannot exceed the education period.
• Changes in Education: In the event of a change in faculty or department within the same university, or a change of university within the same city, the student may continue to use their existing permit, provided they notify the authorities. If moving to a different city, a new residence application must be submitted in the new city within 20 days.

3.4. Right to Work for Foreign Students

Work permit regulations for foreigners residing in Türkiye with a student residence permit are as follows:

• Undergraduate and Associate Degree: Students may obtain a work permit after their first year of study. For associate and undergraduate students, the working hours are limited to a maximum of 30 hours per week (part-time).
• Graduate (Master’s/Doctoral): There are no time restrictions for students at these levels; they may work full-time provided they obtain a permit from the Ministry of Labour and Social Security.

3.5. Cancellation and Rejection of the Permit

A student residence permit is not granted or is canceled in the following cases:

• It becomes clear that the education cannot be sustained (due to absenteeism, failure, etc.).
• Detection that the permit is being used for purposes other than those for which it was issued.
• The presence of a deportation order or an entry ban against the foreigner.

3.6. Competent Authority and Jurisdiction

In disputes regarding the rejection of a student residence permit or university registration:

• Administrative Action: An annulment action can be filed in the Administrative Court within 60 days against the decisions of the Provincial Directorate of Migration Management.
• Stay of Execution: A request for a “Stay of Execution” is of vital importance in these cases to ensure that the student’s right to education is not interrupted.

Note: Half (1/2) of the time spent in Türkiye with a student residence permit is taken into account when calculating the 8-year period required for a “Long-Term Residence Permit” application. For other residence types, the full duration is calculated.

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LONG-TERM RESIDENCE PERMIT

A long-term residence permit is a status that maximizes the legal security of foreigners who have become settled in Türkiye. Foreigners who obtain this permit may benefit from most of the rights granted to Turkish citizens, with the exception of political rights such as military service, the right to vote and be elected, and the right to be a village headman (muhtar).

4.1. The “8-Year” Requirement for Application

The most fundamental requirement is that the foreigner must have resided in Türkiye continuously for at least 8 yearswith a residence permit.

• Calculation of Duration: Half (1/2) of the duration of student residence permits and the full duration of other residence permits (short-term, family, etc.) are included in the calculation of this 8-year period.
• Continuity: Stays abroad exceeding a total of 365 days within the last 5 years or exceeding 6 months in a single trip may interrupt the continuity of the residence period (Exceptional circumstances and humanitarian reasons are reserved).

4.2. Financial and Social Conditions

Completing the 8-year period is not sufficient on its own; the following cumulative conditions, which demonstrate the foreigner’s integration into society, are required:

• Not Having Received Social Assistance: Not having received any social assistance within the last 3 years prior to the application date.
• Financial Sufficiency: Possessing sufficient and regular income to support oneself and, if any, one’s family.
• Health Insurance: Possessing valid health insurance.
• Public Order and Security: Not posing a threat to public order or public security (This is the provision where the administration holds the broadest discretionary power).

4.3. Rights Granted by the Long-Term Residence Permit

Foreigners holding this permit benefit fully from the rights granted to Turkish citizens, with the following exceptions:

• No obligation for military service.
• No right to vote or be elected (voting and candidacy).
• No right to enter public service (civil service).
• Exemption from customs duties for vehicle importation (blue plate, etc.) does not apply.
• Right to Work: Long-term residence permit holders may work without the need for a separate work permit, subject to the provisions of relevant legislation.

4.4. Cancellation of the Permit

The long-term residence permit is indefinite; however, it may be canceled in the following cases:

• The foreigner poses a serious threat to public order or public security.
• Staying outside of Türkiye continuously for more than 1 year for reasons other than health, education, or compulsory public service in their country of origin.

4.5. Competent Authority and Jurisdiction

• Rejection or Cancellation Decision: In the event of a rejection of the application or cancellation of the permit, a lawsuit may be filed in the Administrative Court within 60 days from the date of notification.
• Strategic Note: In these cases, the “calculation of the 8-year period” and the scope of the concept of “public security” should be specifically debated based on technical expert examinations or judicial precedents.

Note: A long-term residence permit is the most prestigious “Alternative to Citizenship” in cases where a foreigner does not wish to renounce their original citizenship but intends to remain permanently in Türkiye.

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DEPORTATION ORDER AND JUDICIAL REVIEW

The deportation order is regulated under Articles 52 to 60 of Law No. 6458. This decision is the official formalization by the state that a foreigner’s right to remain in Türkiye has expired and that they must leave the country.

5.1. Who is Subject to a Deportation Order?

The primary grounds directly linked to the rejection of a residence permit are as follows:

• Those whose residence permit extension applications are rejected and who do not leave Türkiye within 10 days.
• Those whose residence permits have been canceled.
• Those who violate visa or residence permit durations for more than 10 days.
• Those determined to be working without a work permit.
• Those who pose a threat to public order, public security, or public health.

5.2. Invitation to Leave Türkiye

As a rule, foreigners subject to a deportation order are granted a period of no less than 15 days and up to 30 days to leave the country.

• Exception: This period is not granted to those at risk of absconding or disappearing, those who violate legal entry-exit rules, or those with links to terrorist organizations; such individuals are placed under “administrative detention” and deported directly.

5.3. Administrative Detention and Removal Centers (GGM)

A foreigner subject to a deportation order may be held in Removal Centers (GGM) by a decision of the Governor’s Office if there is a suspicion of absconding.

• Duration: The administrative detention period is a maximum of 6 months. However, if deportation proceedings cannot be completed due to the foreigner’s lack of cooperation or technical problems related to their country, it may be extended for an additional 6 months.
• Appeal: An appeal against the administrative detention order may be filed with the Criminal Peace Judgeship. The judge renders a decision within 5 days, and this decision is final.

5.4. Judicial Remedy: Suspension of the Deportation Order

This is the most critical legal remedy in foreigners’ law.

• Litigation Period: An annulment action may be filed in the Administrative Court within 7 days from the date of notification of the deportation order.
• Automatic Stay of Execution: Unlike other administrative lawsuits, a lawsuit filed against a deportation order automatically suspends the deportation of the foreigner. This means the foreigner cannot be removed from the country until the court reaches a conclusion (with heavy exceptions such as terrorism and public security).
• Finality: The decision rendered by the administrative court on this matter is final; the paths to appeal or further judicial review are closed.

5.5. Persons Who Cannot Be Deported

Even if grounds for deportation exist, the following persons cannot be deported for humanitarian reasons:

1. Those for whom there are serious indications that they would be subjected to the death penalty, torture, or inhuman treatment in the country of destination.
2. Those for whom travel is risky due to serious health problems, age, or pregnancy.
3. Those receiving treatment in Türkiye for life-threatening diseases for whom treatment is unavailable in the country of destination.

Note: The most common mistake in practice is receiving a deportation order while waiting for the 60-day litigation period against a residence rejection. As soon as a deportation order is notified, an annulment action must be filed within 7 days, independent of the residence lawsuit. Otherwise, the foreigner may be removed from the country even if the residence lawsuit is still pending.