The rules governing the presence of foreign nationals in Türkiye and their visa procedures are laid down by the Law on Foreigners and International Protection No. 6458. The Law does not provide for a single type of residence permit; it regulates several types corresponding to different needs. One of these is the family residence permit, granted in order to safeguard the ability of a family to remain together.
This permit is issued for the family members of a Turkish citizen, of a Blue Card holder, or of a foreign national present in Türkiye on the basis of a valid residence permit. The typical example is that of a foreign spouse married to a Turkish citizen. In such an application there are separate conditions to be met both by the spouse acting as sponsor and by the foreign national seeking the permit. For instance, the sponsor’s monthly income must not fall below the minimum wage and, as the share attributable to each member of the household, must not be less than one third of the minimum wage. Where the other conditions laid down in the Law are also satisfied, the permit may be issued.
Conversely, where the required conditions are not met at all or subsequently cease to exist, the application may be refused, a permit already granted may be cancelled, or its duration may not be extended. A foreign national faced with such an act has the possibility of bringing an action for annulment before the administrative court. Below we examine the scope of the permit, its conditions, the circumstances in which it is lost, and the avenue of judicial review.
The family residence permit is a permit recognised on the ground of protecting family unity and assessed within the category of short-term residence permits. The application procedure and conditions of the short-term residence permit form the subject of a separate briefing note.
Persons Eligible for a Family Residence Permit
The first paragraph of Article 34 of the Law lists the persons for whom a permit may be issued. Four separate groups of sponsors may accordingly be identified.
The first group is Turkish citizens. A family residence permit may be issued for the foreign spouse of a Turkish citizen; for the minor foreign child of that person or of their spouse; and likewise for the dependent foreign child of that person or of their spouse.
The second group consists of Blue Card holders. Article 28 of the Turkish Citizenship Act No. 5901 governs the position of persons who have left Turkish citizenship by obtaining a renunciation permit. Save for a few limited exceptions, such persons benefit from the rights afforded to Turkish citizens in the same manner, and a Blue Card is issued in their name as an official document. A permit may likewise be granted for the foreign spouse of a Blue Card holder and for the minor foreign child or the dependent foreign child of that person or of their spouse.
The third group comprises foreign nationals present in Türkiye under one of the permit types listed in the Law. The spouse of such a foreign national, together with the minor or dependent foreign child of that person or of their spouse, may apply for a permit. For example, a family residence permit may be issued for the foreign spouse and children of a person remaining in the country on the basis of a student residence permit or a long-term residence permit.
The fourth and final group falls within the field of international protection: the foreign spouse of refugees and of persons granted subsidiary protection status, together with the minor or dependent foreign child of that person or of their spouse, may benefit from this permit.
The permit issued to the persons listed may not exceed three years on each occasion. Moreover, in no case may a permit be issued for a period longer than the duration of the residence permit held by the sponsor.
The law of the foreign national’s country of nationality may allow marriage to more than one spouse. In that event only one of the spouses becomes entitled to a family residence permit; there is, on the other hand, no obstacle to a permit being issued for the children born of the other spouses.
Conditions for a Family Residence Permit
The Law groups the conditions sought under two separate headings: those relating to the sponsor and those relating to the foreign national applying for the permit. The concept of sponsor here denotes the Turkish citizen, or the foreign national lawfully present in Türkiye, who undertakes the expenses of the foreign nationals coming to the country for the purpose of family unity and who is relied upon in the application. For example, the Turkish citizen spouse of the foreign national seeking the permit is the sponsor in that relationship.
Conditions Required of the Sponsor
The conditions to be met by the sponsor may be summarised as follows:
- Their monthly income must not fall below the minimum wage and, when divided by the number of persons in the household, must not be less than one third of the minimum wage per person.
- Having regard to the size of the household, the family members must have accommodation meeting general health and safety standards; there must also be health insurance covering all family members.
- Taking the date of application as the basis, they must establish by means of a criminal record certificate that within five years they have not been convicted of any of the offences committed against the order of the family.
- As a rule, they must have been present in Türkiye with a residence permit for at least one year. However, holders of a residence permit for scientific research purposes or of a work permit, Blue Card holders and foreign nationals married to a Turkish citizen are exempt from this condition.
- They must be registered in the Address Registration System (AKS).
The Law provides a general exception to these rules: the above conditions need not be sought in the case of refugees and holders of subsidiary protection status present in Türkiye.
Conditions Required of the Applicant
Alongside the sponsor, the foreign national applying for a permit in order to reside with the sponsor is also expected to meet certain conditions.
The applicant must submit to the administration the information and documents establishing that they are one of the persons listed above. Presenting a marriage certificate in order to prove that one is the spouse of a Blue Card holder falls within this scope.
In addition, the applicant must include in the file documents showing that they actually live together with the person acting as sponsor, or that they intend to do so. An example is a foreign national who wishes to reside with their father, a holder of a long-term residence permit, demonstrating that intention.
The marriage must not have been contracted solely for the purpose of obtaining a permit; otherwise a family residence permit cannot be issued.
Another of the conditions sought is that the applicant and their spouse have completed eighteen years of age.
Finally, the applicant must not be among the foreign nationals listed in Article 7 of the Law as persons who will not be permitted to enter Türkiye.
Family Residence Permit and Turkish Citizenship
A foreign national who marries a Turkish citizen is not obliged to be content with a family residence permit alone; where the conditions laid down in the legislation are satisfied, the possibility of acquiring citizenship through marriage also arises. The acquisition of Turkish citizenship through marriage is a subject with its own particular conditions and one that must be addressed separately.
Suspicion of a Marriage of Convenience and Administrative Scrutiny
Where a reasonable suspicion arises that the marriage was contracted solely in order to obtain a residence permit, the governorship is under a duty to investigate the matter. If the examination carried out reveals that the marriage serves that purpose, the permit is not granted; if a permit has already been granted, it is cancelled.
Scrutiny is not confined to the application stage. Governorships may also examine the genuineness of the marriage after the permit has been issued.
When Is the Permit Refused, Cancelled or Not Extended?
Article 36 of the Law governs the circumstances in which the permit will not be granted, will be cancelled if already granted, and will not be extended.
The first of these is the failure to satisfy from the outset, or the subsequent disappearance of, the conditions sought in respect of the sponsor and the applicant. In that case the application may be refused, just as an existing permit may be cancelled or not extended.
The second group of grounds is the existence of a deportation decision or a ban on entry to Türkiye in force in respect of the person concerned. A finding that the permit has been used for a purpose other than that for which it was granted produces the same result, and the permit is cancelled or its duration is not extended. The avenue of objection available against a deportation decision is likewise addressed in a separate briefing note.
Action for Annulment Against a Refusal Decision
Applications by foreign nationals who satisfy the conditions explained in detail above are examined and decided upon by the administration. In some cases the administration may decide to refuse the application on various grounds. The ground for refusal may be a failure to satisfy the conditions laid down in the legislation, or an application made with missing or incorrect documents, just as the administration may also reach such a decision in the exercise of its discretionary power.
A foreign national whose family residence permit application is refused may, if they consider that decision to be unlawful, bring an action seeking its annulment. The action must be heard before the administrative court in the place where the administration that adopted the decision is located. The time limit for bringing the action is 60 days running from the day on which the refusal decision was served on the person concerned.
Decisions accepting or refusing an application are, by their legal nature, administrative acts. For that reason, whether an act may be regarded as lawful depends on all the elements it must bear being present without exception. Administrative acts found to be defective in any one of the elements of ground, subject matter, purpose, form and competence may be annulled by the court.
Frequently Asked Questions
Is representation by a lawyer mandatory before the administrative courts?
Turkish law allows parties to defend and represent themselves in person before the courts; save for a few limited exceptions, there is no obligation to be represented by a lawyer. No separate obligation is laid down for the administrative courts either. That said, because of the complexity of administrative law legislation and the short and strict nature of the time limits contained in the Administrative Procedure Act No. 2577, errors that are difficult to remedy may be made, in terms of both procedure and substance, where the process is conducted by persons who are not lawyers. In order to avoid any loss of rights in administrative proceedings, which contain detailed rules, it is appropriate to obtain support from lawyers practising in the field of administrative law before taking any step.
Is a family residence permit cancelled upon divorce?
In the event of divorce, if the conditions sought for a short-term residence permit are satisfied, the permit is converted into that type and is not cancelled. Where those conditions are not met, the family residence permit is cancelled outright.
What happens if the sponsor dies?
Where the sponsor dies, a short-term residence permit is issued to those present in the country on a family residence permit dependent on that sponsor.
What is the maximum duration of a family residence permit?
The permit may be issued for a period of at most 3 years. Once that period expires, a fresh application must be made in order to renew the permit.
Can children holding a family residence permit benefit from the right to education?
Foreign nationals holding a family residence permit have the right to study at primary and secondary education institutions, valid until the age of 18. There is no need to obtain a separate student residence permit in order to benefit from this right.
Independent Legal’s Assessment
In family residence permit disputes the fate of the file is most often determined by the quality of the documentation. Since the administration reviews criteria such as income sufficiency, accommodation standards and the intention to live together on the basis of concrete records, a document left missing at the application stage may turn into a weakness that is difficult to remedy in an action for annulment brought later. Where an act is adopted on the basis of a suspicion of a marriage of convenience, the content of the investigation report relied upon by the administration, and whether the suspicion may be regarded as reasonable, move to the centre of the debate.
The following points are recommended not to be overlooked in managing the process:
- Documenting the sponsor’s income, insurance and criminal record conditions before the application is made
- Adding to the file, without omission, the address records, utility bills and similar evidence supporting the intention to live together
- Recording the date of service of the refusal, cancellation or non-extension decision and calendaring the 60-day time limit
- Stating clearly in the pleading which element of the act is defective
- Ascertaining in advance whether a deportation decision or an entry ban exists in respect of the person concerned
- Assessing in good time, upon changes of status such as divorce or the death of the sponsor, the possibility of transferring to a short-term residence permit
Independent Legal provides advisory services and conducts litigation in residence permit disputes arising from the law on foreigners, from the preparation of the application file through to the conduct of administrative proceedings.
This briefing note has been prepared for general information purposes only. Since administrative law legislation, and in particular the Administrative Procedure Act No. 2577, contains more detailed rules than other branches of law, we recommend obtaining legal support from lawyers practising in this field before taking any action, in order to avoid any loss of rights.