Family Residence Permit, Turkey

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Revised May 2018 – Resource, Directorate General of Migration Management Turkey
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FAMILY RESIDENCE PERMIT IN TURKEY FOR FOREIGNER NATIONAL
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There are 6 residence permit types in Turkey that shall be regulated by ARTICLE 30 of the Law on Foreigners and International Protection No. 6458.
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ARTICLE 30 – Residence Permit Types

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(1) Types of residence permits are the listed below:
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a) Short-term residence permit;
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b) Family residence permit;
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c) Student residence permit;
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ç) Long-term residence permit;
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d) Humanitarian residence permit;
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e) Victim of human trafficking residence permit.
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Famiily residence permit in Turkey shall be regulated by ARTICLES 34 – 37 of Foreigners and International Protection Law No. 6458.
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ARTICLE 34 – Family residence permit
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(1) A family residence permit for a maximum duration of two years at a time may be granted to the:
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a) foreign spouse;
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b) foreign children or foreign minor children of their spouse;
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c) dependent foreign children or dependent foreign children of their spouse; of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries. However, the duration of the family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances whatsoever.
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(2) In cases of a polygamous marriage pursuant to the regulation in the [foreigner’s] 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.
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(3) 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.
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(4) 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.
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(5) Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum of three years on a family residence permit may, upon application transfer to a short-term residence permit.
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(6) In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a Turkish citizen, provided that [he or she] resided on a family residence permit for at least three years. However, in cases where 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.
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(7) In the event of the death of the sponsor, a short-term residence permit may be issued without any [minimum residing] time condition attached to those who
have resided on a family residence permit in connection with the sponsor.
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ARTICLE 35 – Conditions for family residence permits
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(1) With regard to family residence permit applications, the following conditions shall apply to the sponsor to:
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a) 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;
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b) live in accommodation conditions appropriate to general health and safety standards corresponding to the number of family members and to have medical insurance covering all family members;
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c) submit proof of not having been convicted of any crime against family during the five years preceding the application with a criminal record certificate;
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ç) have been residing in Turkey for at least one year on a residence permit;
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d) have been registered with the address based registration system.
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(2) Subparagraph (ç) of the first paragraph shall not apply to holders of residence permit or work permit for the purposes of scientific research; who are within the scope of Article 28 of Law № 5901; or foreigners who are married to Turkish citizens.
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(3) The following conditions shall apply to foreigners applying for a family residence permit to stay with a sponsor in Turkey:
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a) to submit information and documents that they are within the scope of paragraph one of Article 34;
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b) to assert that they live or intend to live together with those persons listed in paragraph one of Article 34;
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c) not to have entered into the marriage for the purpose of obtaining a family residence permit;
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ç) to be over 18 years of age for each spouse;
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d) not to fall within the scope of Article 7.
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(4) The conditions set forth in first paragraph of this Article may not be sought for refugees and subsidiary protection beneficiaries who are in Turkey.
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ARTICLE 36 – Refusal, cancelation or non-renewal of family residence permits
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(1) 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:
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a) conditions set out in paragraphs one and three of Article 35 are not met or no longer apply;
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b) short-term residence permit [application] is refused when the conditions for obtaining a family residence permit no longer apply;
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c) there is a valid removal decision or an entry ban to Turkey in respect to the foreigner;
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ç) it is determined that the family residence permit is used for purposes other than of those it is issued for;
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d) [the foreigner] lived outside of Turkey for longer than one hundred and twenty days in total.
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ARTICLE 37 – Applications for family residence permit through marriage of convenience
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(1) Where there is reasonable doubt prior to granting or renewing a family residence permit the governorates shall investigate whether the marriage have been entered into solely for the purpose of obtaining a family residence permit.
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When it is so determined upon investigation family residence permit shall not be granted or, cancelled if has been issued.
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(2) Following the issuance of a family residence permit the governorates may carry out inspections in order to establish whether the marriage is of convenience.
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(3) Residence permits obtained through a fraudulent marriage and cancelled later, shall not count towards the summing of residence durations stipulated in this
Law.
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Additionally, family residence permit is regulated in ARTICLES 30 – 34 of Regulation for Implementation of the Law on Foreigners and International Protection.
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ARTICLE 31 – Short-term Residence Permit

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(1) A short-term residence permit may be granted to those foreigners listed below who:
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a) arrives to conduct scientific research;
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b) owns immovable property in Turkey;
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c) establishes business or commercial connections;
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.ç) participates in on-the-job training programmes;
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d) arrives to attend educational or similar programmes as part of student exchange pro grammes or agreements to which the Republic of Turkey is a party to;
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e) wishes to stay for tourism purposes;
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f) intends to receive medical treatment, provided that they do not have a disease posing a public health threat;
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g) is required to stay in Turkey pursuant to a request or a decision of judicial or administrative authorities;
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ğ) transfers from a family residence permit;
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h) attends a Turkish language course;
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ı) attends an education programme, research, internship or, a course by way of a public agency;
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i) applies within six months upon graduation from a higher education programme in Turkey.
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(2) Short-term residence permits shall be issued with maximum one year duration at a time.
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(3) Residence permits within the scope of subparagraph (h) of the first paragraph shall only be issued twice.
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(4) Residence permits within the scope of subparagraph (i) of the first paragraph shall only be issued once with maximum one year duration. Conditions for short-term residence permit
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ARTICLE 32 – Conditions for short-term residence permit

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(1) The following conditions shall apply when issuing short-term residence permits:
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a) to apply, claiming one or more of the reasons stipulated in paragraph one of Article 31 and submit supporting information and documents regarding the application;
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b) not to fall within the scope of Article 7;
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c) to live in accommodation conditions that conform to general health and safety standards;
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ç) upon request, to present criminal record certificate issued by the competent authorities in their country of citizenship or legal residence; e) submit information on their address of stay in Turkey.
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ARTICLE 33 – Refusal, non-renewal or cancelation of short-term residence permits
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(1) 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:
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a) one or more of the conditions provided for in Article 32 are not met or no longer apply;
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b) it is established that the residence permit is used outside the purposes of those it is issued for;
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c) [the foreigner] lived outside of Turkey for longer than one hundred and twentY

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ARTICLE 34 – Family residence permit

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(1) A family residence permit for a maximum duration of two years at a time may be granted to the:
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a) foreign spouse;
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b) foreign children or foreign minor children of their spouse;
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c) dependent foreign children or dependent foreign children of their spouse; of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries. However, the duration of the family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances whatsoever.
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(2) In cases of a polygamous marriage pursuant to the regulation in the [foreigner’s] 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.
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(3) 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.
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(4) 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.
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(5) Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum of three years on a family residence permit may, upon application transfer to a short-term residence permit.
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(6) In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a Turkish citizen, provided that [he or she] resided on a family residence permit for at least three years. However, in cases where 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.
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(7) In the event of the death of the sponsor, a short-term residence permit may be issued without any [minimum residing] time condition attached to those who
have resided on a family residence permit in connection with the sponsor.
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WHO MAY APPLY TO FAMILY RESIDENCE PERMIT IN TURKEY?
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Family residence permit maybe granted to the:
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a) foreign spouse,
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b) foreign children or foreign minor children of their spouse,
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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.
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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.
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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.
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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.
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In the cases of following statements family residence permit holders may apply to short-term residence permit:
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  • 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)
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  • In the case of death of the sponsor if the spouse resides on a family residence permit depending on the sponsor,
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  • If the foreigner reaching the age of 18 has resided on a family residence permit for at least three years.
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FOR HOW LONG IN TURKEY CAN THE FAMILY RESIDENCE PERMIT BE ISSUED?
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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.
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    WHAT ARE THE CONDITIONS IN TURKEY FOR FAMILY RESIDENCE PERMIT?
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    The foreigner is required to fulfill the conditions stipulated in Article 35 of the Law No. 6458 to have family residence permit.
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  • To fulfill the conditions applied to the sponsor,
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    (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)
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  • The following conditions shall apply to foreigners applying for a family residence permit to stay with a sponsor in Turkey,
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    (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)

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    WHAT ARE THE REASONS OF REFUSAL, NON-RENEWAL OR CANCELATION IN TURKEY OF FAMILY RESIDENCE PERMIT?
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    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:
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  • Conditions set out for family residence permit are not met or no longer apply,
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  • it is established that the residence permit is used outside the purposes of those it is issued for,
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  • there is a current removal decision or an entry ban to Turkey in respect to the foreigner
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